Adding a second employer can be a complex process for Canadian and Mexican professionals seeking to work in the U.S. under a TN Visa. Each employer must independently meet TN Visa requirements; unique roles or pay arrangements can complicate matters further.
Recently, we supported a Canadian professional through this challenging process. Their concurrent TN Visa employment was approved smoothly thanks to careful planning and a tailored approach.
The Challenge
Our client faced a tricky situation:
- Concurrent Employment: They needed USCIS approval to work for a second employer while maintaining their current TN Visa role.
- Unique Role and Pay Arrangement: The second job’s responsibilities required careful alignment with TN Visa-approved professions, and the employer’s pay structure needed a thorough explanation to meet compliance standards.
Despite these complexities, our client trusted us to navigate the process efficiently.
The Solution
1. Understanding the Regulations
We began by analyzing how the second role fits into the eligible TN Visa professions list. The job duties and terms of employment were reviewed to ensure full compliance with NAFTA (now USMCA) guidelines.
2. Crafting a Clear Petition
The petition was drafted to address the unique aspects of the second role and demonstrate how the pay arrangement complied with USCIS standards.
3. Supporting Concurrent Employment
Our strategy included a plan showing how the client could balance responsibilities for both employers while adhering to TN Visa limitations.
4. Strong Documentation
The application was fortified with:
- Offer letters detailing responsibilities for both roles.
- Proof of qualifications and credentials.
- An employer compliance statement for the second role.
The Results
USCIS approved the concurrent employment petition, allowing the client to work for both employers without issue. The client shared this 5-star review of their experience:
“Handled my tricky concurrent TN quickly and without any issues. Highly recommend to anyone with a tricky case.”
What You Should Know
If you’re considering concurrent TN Visa employment, here are some essential takeaways:
- Both employers must meet TN Visa requirements independently.
- Any non-traditional pay arrangement must be well-documented and explained.
Schedule a Consultation with an Immigration Lawyer
We Can Help!
If you have questions regarding TN Visa, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
