Employers of foreign nationals need to be aware of and meet certain requirements when an employee quits or is terminated. Some non-immigrant visa categories have more requirements than others. Employers of Canadian or Mexican professionals under TN visa status should be knowledgeable of these requirements. We discuss employer requirements when an employee under TN visa status quits or is terminated here.
My TN visa employee quit or was terminated, what do I need to do?
There is no specific reporting requirement for an employer when terminating an employee that has been sponsored for a TN Visa. In the same light, if an employee on a TN Visa quits, there is no reporting requirement. In most cases, an employer would only notify immigration if the employee has somehow violated their immigration status and would like to report it. Even then, discretion sits with immigration to determine if a visa should be revoked. The Foreign Affairs Manual (FAM) provides the following guidance to employers when terminating a Canadian or Mexican employee working under TN visa status:
Terminating Employment: There is no requirement that the TN employer or worker notify the Department of the termination of the employment relationship. If the employer chooses to do so, these letters should not form the sole basis of a visa revocation. The TN visa is not employer-specific and, should their employment end, the TN worker may begin a position with a different employer, so long as that position constitutes business activities at a professional level as required for TN classification. 9 FAM 402.17-5(A)(8)
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