When a TN Visa professional is approved for a TN Visa, they are only authorized to work for the US employer that petitioned them. It is not necessary to obtain a new TN Visa as long as:
- You continue to work for the employer tied to your current TN Visa
- You continue to work in the designated TN Visa profession with the same duties
- Your TN Visa remains valid
New location assignments. Sometimes, especially in the IT field, employers will assign their employees to a new location, worksite, or client site. As long as you continue to work for the employer for which the TN Visa was issued and your duties remain the same, you will not need to obtain a new TN Visa.
When do I need a new TN Visa?
A TN Visa holder must obtain a new TN Visa if they receive a new (or additional) offer of employment. (Learn more about “concurrent employment” and how to hold multiple TN Visas.) The TN Visa professional cannot begin working for the new employer until they have received approval of a new TN Visa.
What happens if I don’t get a new TN Visa when I change employers? Failure to obtain a new TN Visa as the result of substantial changes in your employment situation could result in long-term immigration consequences. Working for an employer different from the one listed in your Form I-94 is a violation of US immigration laws.
How do I apply for a TN Visa “Change of Employer” status?
A TN Visa holder must apply for a new TN Visa with the new employer through US Citizenship & Immigration Services (USCIS), US Customs & Border Protection (CBP), or a US Consulate or Embassy—much in the same way as renewing an existing TN Visa through the “Extension of Status” process.
A few things to consider when applying for “change of employer” status:
- Processing times. TN Visa change of employer by mail with USCIS with standard processing can take several months. In person with USCBP, you are able to obtain the TN visa change of employer the same day you apply.
- Processing fees. When you file for a TN Visa change of employer by mail with USCIS, you are required to pay filing fees that start in the hundreds of dollars and can extend into the thousands if you need to expedite your case through 15-day premium processing. In person with CBP, you only pay the nominal processing fees.
- Canadian citizens. Canadians are able to request a TN Visa change of employer with CBP at any time.
- Mexican citizens. Mexicans are also able to request a TN Visa change of employer with CBP, as long as they have a valid TN Visa stamp in their passport.
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We Can Help!
Don’t know where to start? If there have been substantial changes in your employment situation since you have received TN Visa status, we can help. We have more than 20 years of experience helping Canadian citizens obtain TN Visa status for change of employer. If you have questions about your particular situation, contact Richards and Jurusik for an assessment of your TN Visa matters.