Employer obligations for TN visa workers who quit or are terminated are relatively straightforward. Interestingly, employers have no specific reporting requirement 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 need to notify immigration if there is a suspicion that the employee has violated their immigration status. This means that, in most cases, the departure of a TN visa worker—whether voluntary or involuntary—does not necessitate any formal communication with immigration services, allowing employers to focus on other aspects of the transition process.
Discretion in Visa Revocation
Discretion in visa revocation lies primarily with immigration authorities, even when an employer reports a potential immigration status violation. According to the Foreign Affairs Manual (FAM), the decision to revoke a visa is not automatically based on the employer’s termination letter or report. Instead, immigration authorities must evaluate the situation comprehensively, considering various factors and evidence before deciding. This guidance ensures that visa revocations are not made hastily or unfairly, protecting the rights of foreign nationals while maintaining the integrity of immigration laws. Therefore, while employers can report suspected violations, the final decision on visa revocation remains with the authorities, who exercise discretion based on established protocols and regulations.
Flexibility in TN Visa Employment
Conclusion
Schedule a Consultation with an Immigration Lawyer
Citations
We Can Help!
You may have questions regarding TN Visa requirements. 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.