Navigating the TN Visa Transfer Process for New Employers

The TN Visa is one of the easiest ways for Canadian and Mexican professionals to move to the United States for work.

It is not uncommon for workers to change jobs. However, the TN Visa is employer-specific, meaning one can only work for the employer mentioned in the TN Visa application. For this reason, people often wonder whether TN Visa holders can change jobs while in the U.S. 

The short answer, yes, the TN Visa allows holders to change employers while working in the U.S. But there are specific requirements for this.

This article discusses these requirements. It’ll discuss everything related to TN Visa change employer (i.e., transferring to a new employer while working in the U.S. on a TN Visa).

TN Visa and Its Significance

The TN Visa is a non-immigration visa under the United States, Mexico, Canada, Agreement (USMCA), which replaced the North American Free Trade Agreement (NAFTA).

NAFTA (and its latest reincarnation — USMCA) was created to facilitate trade between the United States, Canada, and Mexico. It birthed the TN Visa category to facilitate the entry of professionals between the three NAFTA countries.

The TN visa is a temporary work visa that makes it easy for Canadians and Mexicans to enter the United States for work.

For example, Canadians can apply for a TN Visa at the Port of Entry when entering the U.S. without prior application to the U.S. Citizenship and Immigration Services (USCIS).

Unlike many other visa types, the TN Visa does not have an annual numerical cap. So, eligible professionals can apply for the TN Visa all year round.

Understanding the TN Visa Transfer Process

When working in the United States with a TN Visa, an individual can transfer to a new employer. But, only after submitting a TN Visa change of employer request, TN Visa holders can legally transfer to a new U.S. employer, provided they meet eligibility criteria, including a new job offer and proper documentation. Approval from the U.S. government is required before starting work with the new employer.

Eligibility Criteria for TN Visa Transfer

To transfer a TN Visa to a new employer when already working in the U.S. on a TN Visa, the following apply:

• The individual must be a Canadian or Mexican citizen with a valid TN Visa and intending to move to a new employer.
• The TN visa holder must have a new job offer from a U.S. employer.
• The new job must be a NAFTA job.
• The individual must meet the educational and professional requirements for the job.
• The new employer must file USCIS Form I-129 to request a change of employer for the TN Visa holder.
• File the petition well in advance of the intended new employment start date, so there is no gap between leaving the current job and starting the new one.

Necessary Documentation and Required Forms

When transferring to a new employer, a TN holder will need the following documents:

• A copy of the current TN Visa approval notice.
• A valid Canadian or Mexican passport.
• Educational and professional qualifications supporting eligibility for the new job.
• A letter from the new employer describing the job position, job responsibilities, and other relevant information. 
• Document showing that the new employment will be temporary.
• Document showing payment of relevant fees.

Steps of the TN Visa Transfer Process

The steps TN Visa employer switch include the following:

Step 1: Identifying and Securing New Employment

To transfer TN status from one employer to another, a TN Visa holder needs to secure a new job in the United States, which is in a field in the approved list of NAFTA occupations.

Step 2: Notifying Current Employer and Preparing for Transition

After securing new employment, the TN Visa holder should inform their current employer about their intention to leave and transfer their TN Visa.

Know that many employment contracts come with notice periods. It’s important to adhere to these terms.

After notifying the current employer, the individual must then prepare to transfer their TN Visa to the new employer. This starts with collecting the required documentation for the TN Visa employment transfer.

Step 3: Initiating the TN Visa Transfer Application

The next step is to initiate the TN Visa employment transfer application. This is either coordinating with the new employer to file the USCIS Form I-129 for a change of TN Visa employer or departing the U.S. and applying to BCP when re-entering the country.

Know that the process of TN Visa transfer to new employer differs for Canadians and Mexicans.

TN Visa Transfer for Canadian Citizens

Canadian citizens seeking to transfer a TN Visa to a new employer have two options:

• Have the new employer petition the USCIS on their behalf by filing Form I-129 to request a change of employer.
• Depart the U.S. and apply for TN Visa transfer to new employer with the Customs and Border Protection officer at the port of entry when re-entering the country. 

When the individual does not intend to depart the United States, filing the I-129 petition is the best option.

The new employer is responsible for filing the petition for a non-immigrant worker. So, the TN Visa holder should coordinate with the new employer to choose an employment start date that allows for timely filing and processing of the USCIS Form I-129. Then, the individual should make the new employer file the petition and ensure they include all required supporting documentation.

When a TN Visa holder wants to apply for TN Visa transfer at a Port of Entry, they should submit the required documentation (including a letter from the new employer) to the BCP officer when re-entering the US.

TN Visa Transfer for Mexican Citizens

Mexican citizens seeking to transfer their TN Visa to a new employer also have two options:

• Have the new employer file Form I-129 with USCIS on their behalf to request a change of employer.
• Depart the U.S. and apply for the visa change at a U.S. Consulate or the port of entry when re-entering the country.

Note that Mexican citizens do not have the Port of Entry application option when applying for their initial TN Visa. But, they have this option when seeking to transfer a TN Visa to a new employer.

Step 4: Waiting Period and Addressing Potential Challenges

The advantage of a Port of Entry application is immediate adjudication. But when a TN Visa holder is in the U.S. and applies for a TN Visa transfer by filing the USCIS Form I-129, processing can take up to 2 months.

Thankfully, candidates can file the I-129 petition with premium processing to get a decision within 15 days. However, premium processing comes with additional charges of $2500.

Some steps to help individuals manage the waiting period include:

• Use the USCIS online case status check tool to monitor the progress of the TN Visa transfer petition.
• Communicate with the new employer to stay informed about the progress of the TN Visa transfer request and any updates from USCIS.
• Be prepared to respond promptly to any Requests for Evidence (RFE) that the USCIS may issue.
• Maintain legal status during the waiting period by not stopping work with the current employer.

Step 5: Commencing Employment with the New Employer

Once the TN Visa job transfer is approved, the individual can begin working for the new employer.

Key Considerations When Changing Jobs under TN Visa

When a TN Visa holder is changing jobs, there are things to ensure a smooth transition and meet compliance standards with U.S. immigration regulations. This includes the impact on TN Visa status and mitigating potential risks in TN Visa transfer. 

Impact on TN Visa Status and Validity

One of the most important considerations when seeking a TN Visa transfer is that the new employment qualifies for TN status. 

The new position must fall under the eligible professions in the NAFTA (now USMCA) agreement. The TN holder must also meet the educational and professional qualifications required for the new position.

Mitigation Strategies for Potential Risks

When transferring TN Visa to another employer, individuals often encounter some challenges. Being aware of these challenges helps others navigate the TN Visa job change process successfully.

Strategies for mitigating potential risks associated with TN Visa transfer include:

• Careful document preparation. Incomplete documents when applying for a change of TN employer can lead to rejection. So, candidates should ensure that they obtain all required documentation.
• Address changes in employment terms. If the responsibilities of the new employment are not consistent with TN requirements, rejection is likely. So, when seeking TN Visa transfer, individuals should coordinate with their new employers to ensure the job responsibilities align with the TN Visa requirements.
• Premium processing. USCIS I-129 petition for TN Visa transfer can take up to two months. Individuals who do not want to wait for long periods for their TN Visa transfer approval should consider premium processing to get a decision within 15 calendar days.
• Maintaining legal status. A gap in employment between leaving the current job and starting the new job can affect the individual’s lawful immigration status. So, to maintain legal status, TN Visa holders should continue working for their current employers until the new TN Visa is approved.
• Consult with a TN Visa consultant or immigration attorney. TN Visa consultants (like TN Visa Expert) are experienced in immigration law and understand the intricacies of the TN Visa. So they can help individuals navigate the process successfully.

Conclusion

True, the TN Visa is employer-specific. However, a TN Visa holder working in the United States can legally transfer their TN Visa to another US employer. 

There are certain challenges that individuals transferring their TN Visas may face. Engaging an experienced TN Visa consultant can help people navigate the TN Visa transfer process successfully.

TN Visa Expert is the go-to TN Visa consultant. While many other visa consultants cover different visa categories, we specialize in TN Visas. So, we understand the intricacies of the TN Visa process and are highly experienced in helping candidates overcome potential challenges in obtaining the TN Visa.

Boost your chances of a successful TN Visa transfer. Book a consultation with TN Visa Expert today!

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