Mexican professionals seeking to work in the United States under the TN visa category often have queries about working for multiple employers and changing employment. Navigating these processes can be complex, but understanding the specific requirements and procedures can make the transition smoother.
Working for Multiple Employers
Mexican TN applicants who intend to work for more than one U.S. employer must present comprehensive documentation at the U.S. consulate during their visa application. The Department of State (DOS) is responsible for endorsing the TN visa, which should reflect the names of all approved employers. This endorsement is crucial as it legitimizes the applicant’s intent to work for multiple employers under the TN status.
Adding New Employers at the Port of Entry
There’s a provision to add new, concurrent employers for those already possessing a valid TN visa endorsed for a single employer. This can be done by presenting TN application letters for the additional employers at the port of entry (POE). It’s important to note that this process doesn’t require a visit to the consulate but can be completed upon entry into the U.S.
Changing Employers with a Valid TN Visa
Mexican citizens holding a valid TN visa and wishing to change employers can do so without obtaining a new passport. The process involves departing the U.S. and seeking reentry at a POE with a TN application letter from the new employer and the existing TN visa endorsed by the original employer. Customs and Border Protection (CBP) will charge a small fee to adjudicate the new TN application.
USCIS Form I-129 Petition for Employment Changes
An alternative pathway for changing employers or adding concurrent employers involves the I-129 petition. If a Mexican citizen holding a valid TN visa has an I-129 petition filed and approved in the U.S., they can change employers or add employers by appearing at a POE. This process requires presenting the I-129 approval notice along with the visa. Notably, the petitioner(s) on the I-129 petition(s) need not be the same as those endorsed on the passport.
Conclusion
Understanding these procedures is essential for Mexican professionals in the U.S. or those planning to apply for a TN visa. Always ensure you have the correct documentation and know the fees involved in these processes. For more detailed guidance, it’s advisable to consult with an immigration expert.
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