Changing Employers while on a TN Visa: A Comprehensive Guide

As a working professional on a TN visa, you might find yourself considering a change in employers. Whether due to career opportunity, job dissatisfaction, or personal preferences, the process can be daunting. However, with proper understanding and adherence to the necessary steps, changing employers on a TN visa is achievable. This guide provides a comprehensive overview of the process and the essential steps you need to take.

Can I Change My Employer?

Yes, you can change your employer while on a TN visa, but you must follow a specific set of steps to ensure a smooth transition.

Steps to Change Employers on a TN Visa

1. Secure a New Job Offer

The first and most crucial step is to obtain a job offer from a new employer who is willing to sponsor your TN visa.

2. File a New TN Application

Your new employer must file a new TN application on your behalf. This process can be completed either at a U.S. port of entry (for Canadian citizens) or through a U.S. consulate (for Mexican citizens).

3. Prepare the Required Documentation

Ensure you have the necessary documentation, which typically includes:

A letter from your new employer detailing your job offer duties and compliance with TN requirements. Proof of your qualifications, such as degrees or certifications.

4. Apply for New TN Status

The application process depends on your citizenship:

If you're a Canadian citizen, you can apply for TN status directly at the border. If you're a Mexican citizen, you will need to apply at a U.S. consulate.

5. Maintain TN Status

Ensure that you maintain your TN status throughout the process and do not allow your current TN visa to expire before securing the new one. Avoid any gaps in employment to maintain your legal status in the U.S.

Additional Considerations

It is important to note that the process of changing employers on a TN visa is subject to government approval:

If the application is filed within the U.S., the U.S. Citizenship and Immigration Services (USCIS) will approve or deny the change of employer. If the application is filed at the border or at a U.S. consulate, U.S. Customs and Border Protection (CBP) will handle the approval.

TN visa holders who receive an offer from a new TN employer have the same options to request authorization as they had when applying for the initial TN visa:

Apply through USCIS by filing a Form I-129. Apply at a U.S. consulate through the U.S. Department of State. Apply at a border through CBP if you are a Canadian citizen.

In certain circumstances, Mexican nationals may be able to apply for concurrent employment at the border without appearing at the consulate.

For Canadians and Mexicans

Mexican nationals who have a valid TN visa also have the option to change employers at a port of entry. Here's how:

Present your existing TN visa along with an employer letter from the new TN employer. Bring all supporting documentation showing that you qualify for the TN visa under the new employer.

Mexican nationals who have a valid TN visa and receive an approved I-129 for the new TN employer while in the U.S. can avoid going to the consulate for a new visa by simply bringing the I-129 approval notice and visa to a port of entry.

Consulting with an Immigration Attorney

It is highly recommended to consult with an immigration attorney or expert for personalized advice and to ensure compliance with the latest immigration regulations. They can guide you through the specific requirements and help you navigate any potential issues.