Does TN Visa Require Sponsorship? Understanding the Essentials

The TN Visa was created by the North American Free Trade Agreement (now the United States-Mexico-Canada Agreement). NAFTA is an agreement that eliminated trade barriers between the US, Mexico, and Canada.

The TN nonimmigrant visa classification allows qualified Canadian and Mexican citizens to gain entry into the United States to engage in work at a professional level, while providing applicants with the flexibility to live and work in the U.S. temporarily. 

The first step toward obtaining a TN visa starts with securing a U.S. job offer which is demonstrated by providing a TN support letter signed by your employer. For this reason, one of the most popular questions asked is, “Does a TN visa require employment sponsorship?”

This “TN visa sponsorship clarification” guide will answer this question and show that employer involvement in the TN visa process is refreshingly simple.

Understanding TN Visa Sponsorship Requirements

In the context of U.S. immigration, “employment sponsorship” is a legal arrangement where a U.S. employer files an immigrant petition sponsoring a foreign worker for a visa or green card to live permanently in the United States. In doing so, the employer takes on certain legal responsibilities and obligations to protect U.S. workers. In the TN visa context, the “employment” relationship is much more flexible, and less rigid than other employment visas. 

What is TN Visa Sponsorship?

The TN visa classification does not permit self-sponsorship. Since the TN visa is employment-based, individuals seeking TN visa status must have a bona fide offer of employment from a U.S. employer, and the employer must provide a support letter outlining the details of the job offer and the foreign worker’s qualifications. If filing Form I-129 with USCIS, the employer must also be a signatory to the petition. 

Does the TN Visa Require Sponsorship?

In the context of the TN visa application process, a U.S. employer must provide a letter stating their intention to hire the prospective worker in the U.S.

While this step is often called “employment sponsorship,” it is not considered “sponsorship” in the traditional sense, because the TN visa does not require adherence to rigorous immigration compliance requirements, which are typically commonplace in other work visa types. 

To put this in context, consider H1-B sponsorship. When petitioning for foreign workers under the H1-B visa, the sponsoring employer must:

• File Form I-129 (Petition for Nonimmigrant Worker) to petition for the Canadian or Mexican professional to immigrate to the U.S. for temporary employment.
• Pay certain fees associated with the H1-B process, such as the filing fee and applicable fraud prevention and detection fee.
• Obtain a certified LCA (Labor Condition Application) from the U.S. Department of Labor. The LCA must attest that employing the individual will not adversely affect similarly employed U.S. workers and that the employer will pay the individual the prevailing wage for the position.
• Provide documentation showing how the employer determines the prevailing wage for the position in the geographic location where the individual will work.

However, “sponsoring” an individual for the TN visa does not come with any of these demanding requirements.

For the TN visa, if the foreign national is already lawfully present in the U.S. the employer may choose to file Form I-129 Petition for a Nonimmigrant Worker with USCIS, requesting the foreign national’s employment. 

Otherwise Mexican nationals must apply for their TN visa at a U.S. Embassy or Consulate abroad, while Canadian nationals may apply at a U.S. port of entry with Customs and Border Protection (CBP). 

As part of the TN application process, the employer must provide a support letter stating the position, job duties, salary, and duration of employment. The employer must also provide supporting evidence of the prospective employee’s qualifications for the position, information about the wages to be paid, and the proposed job duties. 

For the purposes of the TN petition, the employer’s sponsorship role is limited to having a bona fide offer of employment, demonstrating the ability to pay the offered wage, and acknowledging that the worker maintains a non-immigrant intent. 

The employer is not mandated to pay any of the costs associated with the filing of the TN visa. There is also no requirement to obtain an Labor Condition Application (LCA) with the U.S. Department of Labor, nor is there a requirement to pay the individual a particular wage.

So, does TN visa need sponsorship? Not under the traditional meaning of “employment sponsorship.”

TN Visa Requirements and Sponsorship

Only individuals meeting specific requirements qualify for the TN visa.

Eligibility Criteria for TN Visa

The key requirements for the TN visa are:

• The TN applicant must be a citizen of Canada or Mexico
• The individual must have a bona fide U.S. job offer that falls under one of the qualifying professions listed in NAFTA (now USMCA).
• The applicant must have the educational and professional qualifications required for the position.

Documentation and Application Process for TN Visa Sponsorship

If an applicant secures a U.S. job offer that qualifies under NAFTA, they must gather all required documents and follow the appropriate application procedure for the TN visa, based on their country of nationality.

The documents required for TN visa application are generally as follows:

• Proof of Canadian or Mexican citizenship (usually a valid passport)
• TN Support letter (also called TN Employment letter) from the US employer.
• The Employment Contract. 
• Work Experience Letter.
• Employer’s materials regarding the Company’s business. 
• Proof of your educational and professional qualifications for the position.
• Proof of paying the application fee.
• Proof of the applicant’s strong ties to his or her country of origin. 

The TN application process is as follows:

For Mexican nationals:

After organizing their documents, Mexican TN applicants should complete the DS-160 online nonimmigrant visa application, pay the correct visa application fee, and schedule a visa interview at a U.S. Consulate or Embassy in Mexico, bringing the supporting documentation to the interview. 

For Canadian nationals:

After organizing their documents, Canadians can apply for the TN visa at a U.S. Port of Entry when entering the United States by simply presenting their documents to the Customs and Border Protection (CBP) officers.

Note that for Canadians who reside outside of the United States, U.S. employers also have the option of filing Form I-129 Petition for a Nonimmigrant Worker with USCIS. 

Once USCIS approves Form I-129, the applicant may then apply for admission to enter the United States as a TN nonimmigrant by providing the following documentation to a CBP Officer at U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station:

• Proof of Canadian citizenship; and 
• Approval Notice from USCIS for Form I-129.

Dispelling Misconceptions About TN Visa Sponsorship

Now, let’s dispel common misconceptions about TN visa sponsorship:

Common Misconceptions about TN Visa Sponsorship

Some TN visa sponsorship misconceptions are as follows:

Employer Petitioning

Some applicants mistakenly think that “sponsoring” employers must file a petition with USCIS on behalf of the TN visa applicant. 

Unlike sponsorship in other employment-based visas, TN employers are not required to file Form I-129 with USCIS on behalf of the applicant. Canadian nationals can apply at a U.S. Port of Entry with Customs and Border Protection (CBP), or the U.S. employer may choose to file Form I-129 with USCIS. Thereafter, the applicant can seek admission at a U.S. Port of Entry by showing their Form I-129 approval notice and proof of Canadian nationality. 

On the other hand, Mexican nationals must apply for the TN visa at a U.S. Consulate or Embassy in their home country. Mexican nationals who wish to remain in the United States beyond their initial period of stay without first departing from the United States, may seek an extension of stay with USCIS by filing Form I-129. Otherwise, they may choose to depart the U.S. before their duration of stay expires, and apply at a U.S. Port of Entry with CBP. 

Financial Burden for Employers

Some applicants mistakenly believe that sponsoring employers are required to pay the TN application filing fees.

The TN regulations do not mandate employers of TN workers to pay the application filing fees associated with the TN application. 

The applicant may choose to pay the filing fees for their TN visa application, or the employer may pay the fees if they wish. 

Difficult Sponsorship Process

Another common misconception employers have is that “sponsoring” a TN visa is much too complicated and requires them to meet demanding compliance requirements. This is not the case. 

In sponsoring a TN visa applicant, the employer will not undertake any significant effort. Generally, no filing of petitions is necessary. No labor attestation is required and the employer is not mandated to pay specific wages. 

Termination of Employment

Employers of TN workers are also concerned that there may be negative consequences if they decide to terminate the employee before the expiration of his or her authorized period of stay. This is a common misconception. 

A U.S. employer is free to terminate a TN worker at any time, without even providing notice to U.S. immigration authorities.

Factors Influencing the Need for TN Visa Sponsorship

Factors that influence whether an individual will need TN visa sponsorship to work in the U.S. include:

• Citizenship: The TN visa is available only to Canadian and Mexican nationals.
• Profession. The TN visa is available only to individuals in professional occupations listed in the NAFTA (now USMCA) agreement. An applicant’s profession must be included in the eligible TN occupations.
• Job offer. The TN regulations require applicants to have a bona fide job offer from a U.S. employer in an occupation approved by the NAFTA regulations. 
• Education and experience. The TN applicant must have the educational and professional qualifications required for the position in the United States. 

TN Visa Sponsorship: Benefits and Considerations

TN visa sponsorship offers many benefits for both applicants and employers.

Advantages of TN Visa Sponsorship

The advantages of TN visa sponsorship include:

• Simple application process. Applying for the TN visa is refreshingly simple. Unlike other visa types, Canadian nationals can simply apply at a U.S. port of entry with Customs and Border Protection (CBP), while Mexican nationals can apply for the TN visa at a U.S. Embassy or Consulate. 
• No quota limits. Unlike the H-1B visa, the TN visa does not have annual caps, which is a numerical limitation on the number of visas that can be issued each year. So, applicants can apply for TN all year round.
• Renewability. TN visas are granted for an initial period of up to three years. However, they can be renewed indefinitely as long as the TN worker continues to meet the requirements for TN status. This provides stability for people who want long-term employer-employee relationships.
• Spousal and dependent benefits. Unmarried children (under 21) and spouses of TN workers can accompany them to the U.S. on derivative TD (Trade dependent) visas.

Evaluating Sponsorship Impact on TN Visa Applicants

There are several considerations to keep in mind when seeking TN visa sponsorship:

• Employer-specific. The TN visa is employer-specific, meaning the visa holder can only work for the employer stated in their TN visa application. Moving to new employment while in the U.S. on a TN visa is possible only after submitting a change of employer request with USCIS and receiving approval.
• Temporary nature. The TN visa is a temporary work visa – valid for an initial period of three years. Applicants can renew their visa before their duration of stay is set to expire. 
• Non-immigrant intent. TN visa holders are expected to maintain nonimmigrant intent. Any action that shows an intent to remain in the U.S. permanently can result in the revocation of their TN visa.

Conclusion

Contrary to popular belief, TN visa “sponsorship” does not come with demanding immigration compliance requirements. The application process is also relatively simple. There’s generally no need to file a petition with USCIS, and there are no administrative complexities to worry about. The employer’s TN sponsorship role is limited to providing the applicant with a TN support letter.

Some employers who do not understand the simplicity of TN visa “sponsorship” may be hesitant to “sponsor” applicants. TN Visa Experts can work with you to help them understand how TN visa sponsorship works. We can help employers draft winning TN support letters.

For expert assistance in obtaining your TN visa, Contact TNVisaExperts today!

FAQs on TN Visa require sponsorship

What is the role of sponsorship in the TN Visa application process?

The role of employer sponsorship in the TN visa application process is limited to having a bona fide offer of employment, demonstrating the ability to pay the offered wage, and acknowledging that the worker maintains a non-immigrant intent. 

Are there any exceptions to the TN Visa sponsorship requirement?

There are no exceptions to the TN visa sponsorship requirements. All individuals seeking TN status must meet the requirement of having a US job offer and obtaining a TN support letter from the employer.

How does TN Visa sponsorship differ from other visa types?

TN visa sponsorship is refreshingly simple for employers. Generally, the sponsoring employer must provide the applicant with a TN support letter. This is different from sponsorship in other visa types, where employers must meet other complex requirements, such as paying certain fees and obtaining a labor certification with the U.S. Department of Labor. 

Can individuals apply for a TN Visa without a sponsoring employer?

Individuals cannot apply for a TN visa without a sponsoring employer, because the TN visa is employment-based and does not permit self-sponsorship. To apply for a TN visa, a U.S. employer must write a letter of intent to hire the individual for the position.

What are the benefits of obtaining a TN Visa with sponsorship?

A supportive employer willing to “sponsor” a TN visa will streamline the process for the applicant by providing them with the TN support letter. And this takes the applicant closer to obtaining the TN visa. 

How does TN Visa sponsorship impact employment opportunities in the United States?

When employers understand that “sponsoring” a TN worker requires no significant effort, they are more motivated to “sponsor” TN workers. So, the simplicity of TN visa sponsorship creates more employment opportunities and flexibility for Canadian and Mexican nationals to live and work in the United States.