Corporate mergers and acquisitions are common in today’s business landscape. For professionals working in the United States under a TN visa, particularly Canadian and Mexican citizens, the question often arises: Does my TN status remain valid if another company acquires my employer?
While a corporate acquisition can be disruptive, the good news is that in many cases, a TN visa remains valid when the new employer is considered a successor-in-interest. The professional’s job duties and employment terms remain the same. However, there are important nuances that TN holders and their employers must understand to stay compliant.
TN Visa Status and Corporate Acquisitions
When an employer undergoes a merger, acquisition, or corporate restructuring, the key immigration question is whether the new entity is effectively the same employer for TN purposes. Suppose the new company continues to employ the TN professional in the same qualifying occupation with the same or substantially similar job duties, worksite, and compensation. In that case, the TN visa is generally not voided.
However, suppose there is a material change, such as a change in occupation, a substantial shift in duties, or a transfer to a new legal entity that is not a true successor-in-interest. In that case, the TN classification may no longer be valid. In such cases, a new TN petition (or re-entry under TN status) is required.
Legal Basis and USCIS Guidance
- USCIS Policy Manual (Volume 2, Part P, Chapter 5): Requires filing a new Form I-129 when changing U.S. employers, but allows continuity if the employer remains the same or there is no material change. It notes that transferring to a separately incorporated affiliate typically requires a new petition.
- Form I-129 Instructions: Recognize the concept of a successor-in-interest, meaning an entity that assumes the business of the original employer. If the successor continues the predecessor’s business and employment obligations, it may step into the predecessor’s shoes for visa purposes.
- Practice Commentary: Leading immigration law firms and corporate immigration specialists consistently advise that TN employment can continue uninterrupted under a valid successor-in-interest, provided no material changes occur in the professional’s qualifying role.
When a New TN Petition is Required
A new TN petition or application is generally required when there is:
- A material change in the job role or duties that no longer fit the original TN classification.
- A transfer to a separate legal entity that is not a clear successor-in-interest to the original employer.
- A change in primary work location that affects the terms of the original application.
- Other significant changes in employment terms make the original TN approval no longer representative of the current employment situation.
Practical Steps for TN Visa Holders During an Acquisition
- Confirm Successor Status: The acquiring company should confirm in writing that it is a successor-in-interest and that it has assumed the predecessor’s obligations, including the employment of TN professionals.
- Retain Documentation: Keep copies of merger or acquisition agreements, pay stubs, and updated offer letters to show continuity of employment.
- Consult Immigration Counsel: Before making any assumptions, consult an experienced immigration lawyer to assess whether your specific situation requires a new TN petition.
- Prepare for International Travel: If traveling abroad, carry a letter from the successor employer confirming continuity of employment and unchanged job duties to present at the port of entry.
Example Scenarios
- No New Petition Required: A Canadian TN Software Engineer continues in the same role after their employer is acquired by a larger company that assumes all employees and obligations—no material change occurs.
- New Petition Required: After an acquisition, the TN professional is transferred to a new role in management or to a separately incorporated subsidiary with different duties—this constitutes a material change requiring a new petition.
Conclusion
A corporate acquisition does not automatically void a TN visa. The key is whether the new employer is a legitimate successor-in-interest and whether the TN professional’s job remains substantially the same. With proper documentation and legal guidance, most TN employees can continue working without interruption during a merger or acquisition.
Schedule a Consultation with an Immigration Lawyer
We Can Help!
If you have questions regarding an immigration matter, 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. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
