The EB-3 Visa Lawyers Guide: Navigating Your Path to U.S. Employment
The EB-3 Visa Lawyers Guide: Navigating Your Path to U.S. Employment In the intricate world of U.S. immigration, securing…
For U.S. companies that wish to hire professionals from Canada and Mexico, leveraging the Trade NAFTA (TN) visa program is one way to do so. “NAFTA” stands for the North American Free Trade Agreement, which was created to encourage trade among the U.S., Canada, and Mexico.
Although NAFTA has since been replaced by the U.S.-Mexico-Canada Agreement (USMCA), the TN visa program is still in effect under the terms of the USMCA.
A common question about the TN visa is whether it’s possible to change employers and, if so, how to go about it. In this blog, we provide answers to this and other frequently asked questions about TN visa eligibility.
With TN authorization, Canadian and Mexican citizens are allowed to work in the U.S. temporarily, as long as certain conditions are met. However, Canadian citizens are not required to apply for a TN visa before departure. Instead, they could apply for TN status as long as they meet eligibility requirements.
TN status differs from the TN visa in significant ways.
TN Status or Temporary Non-immigrant Status refers to the actual authorization the U.S. Customs and Border Protection (CBP) grants to an eligible Canadian professional to work in the United States temporarily. This status can be obtained from U.S. Customs and Border Protection (CBP) at a Class A Port of Entry or Pre-Clearance Inspection Station. It does not require an initial visa application.
In contrast, the TN Visa is a specific document that Mexican citizens must obtain from a U.S. consulate or embassy before entering the United States and seeking TN status.
Both TN status and the TN visa allow for an initial stay of up to three years in the United States, with the possibility of extension.
An applicant must possess Mexican or Canadian citizenship, and their job role must be one of those indicated in NAFTA’s list of professions. This list includes a variety of specialized fields, such as:
You can find a complete list in Appendix 1603.D.1 of NAFTA Chapter 16.
Other requirements include:
The TN visa program allows NAFTA professionals to work for another U.S. company after their employment period with their current employer ends. However, they cannot start working for a different company until U.S. immigration authorities approve the change of employer.
The process of changing employers differs between Canadian and Mexican NAFTA professionals.
Canadian workers can present their required documentation to a U.S. Customs and Border Protection (CBP) officer at a designated U.S. port of entry. Alternatively, they can present their documents at a pre-flight inspection station. The officer will review the documents and determine their eligibility for TN change of employer.
Another option is to have the new employer file form I-129, or the Petition for a Non-immigrant Worker to request a TN visa employer change and extension of stay. The new employer should file this on the worker’s behalf with the U.S. Citizenship and Immigration Services (USCIS).
Applicants may have encountered the term “portability” when researching their options for working in the U.S. The portability provision for U.S. employment-based visas refers to a legal clause that enables foreign workers to change employers without risking becoming “out of status.”
Unfortunately, the portability provision does not apply to TN visas. Instead, it applies to H-1B non-immigrant workers already in the U.S.
The TN visa Change of Employer process can be challenging to navigate and presents many obstacles to hiring professionals from Canada and Mexico. For guidance, turn to Farmer Law. We understand the challenges of the TN visa process and have years of legal experience, with a focus on immigration law. Our TN visa lawyer will be happy to answer any questions you may have and assist you with your visa needs.
Contact us today to schedule a consultation.
We offer world class communication and responsiveness to all of our clients and our comprehensive approach can simplify even the most complicated of visa programs.
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