Employers of foreign nationals, particularly those hiring Canadian or Mexican professionals under TN visa status, must understand the specific requirements that come into play when an employee quits or is terminated. This article provides a comprehensive overview of these requirements.
Employer Obligations for TN Visa Workers Who Quit or Are Terminated
Interestingly, there is no specific reporting requirement mandated for employers when terminating a TN visa-sponsored employee. Similarly, if an employee on a TN visa voluntarily resigns, there is no obligation to report this to immigration authorities. Generally, employers only notify immigration if there’s a suspicion that the employee has violated their immigration status.
Discretion in Visa Revocation
Even in cases where an employer reports a potential violation of immigration status, the decision to revoke a visa rests with the immigration authorities. The Foreign Affairs Manual (FAM) offers guidance in this regard, emphasizing that termination letters from employers should not be the sole basis for visa revocation.
Flexibility in TN Visa Employment
One key aspect of the TN visa is its flexibility regarding employer-specificity. The TN visa is not tied to a single employer. If a TN visa holder’s employment ends, they are permitted to begin a position with a different employer, provided the new role meets the professional-level business activities required for TN classification, as per 9 FAM 402.17-5(A)(8).
Conclusion
Understanding the nuances of handling the resignation or termination of TN visa employees is crucial for employers. While there are no strict reporting requirements, employers should be aware of the flexibility and conditions associated with the TN visa status.
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