Spouses of TN visa holders often enter the United States under TD status, which allows them to live in the U.S. but not to work. A common question arises when a spouse on TD status receives a job offer: What can they do next?
The short answer is that they cannot begin working while in TD status, as it does not permit employment. However, there are legal pathways that may allow a spouse to work if they first obtain a work-authorized immigration status.
Understanding TD Status
TD status is granted to spouses and unmarried children under 21 of TN visa holders. While it allows dependents to reside in the United States, it does not provide work authorization.
This means that even if a TD spouse receives a legitimate job offer from a U.S. employer, they cannot begin working unless they first obtain a work-authorized immigration status.
What Happens If a TD Spouse Gets a Job Offer?
If a spouse on TD status receives a job offer, they must take action before accepting employment. Working without authorization can lead to status violations and may impact eligibility for future immigration benefits.
Instead, the spouse should explore options to change their immigration status to one that allows employment.
Options to Work Legally in the U.S.
1. Change Status to TN
If the spouse qualifies under one of the professions listed in the United States-Mexico-Canada Agreement (USMCA), they may apply for TN status independently.
- Must have a qualifying job offer from a U.S. employer
- Must meet education and professional requirements
- Canadians can apply at a port of entry; Mexicans apply through a U.S. consulate
2. Apply for Another Work Visa
If the spouse does not qualify for TN status, they may explore other visa options such as:
- H-1B (specialty occupations)
- L-1 (intra-company transfers)
- O-1 (extraordinary ability)
Each visa category has its own requirements and process.
3. Change Status Through USCIS
If already in the United States, the spouse may apply for a change of status through U.S. Citizenship and Immigration Services (USCIS).
It is important to wait for the new status to be approved before beginning any employment.
Timing Considerations
Timing is critical when changing status. A TD spouse must maintain valid status while their application is pending and should not begin working until the new status is approved.
In some cases, applying at a port of entry (for Canadians) may be faster than filing through USCIS.
Risks of Unauthorized Employment
Accepting employment while on TD status without proper authorization can result in:
- Violation of immigration status
- Denial of future immigration benefits
- Potential removal from the United States
For this reason, it is essential to follow the proper legal process before starting any job.
Key Takeaways
- TD status does not allow employment in the United States
- A job offer alone does not grant work authorization
- Spouses must change to a work-authorized status before working
- TN status may be an option if eligibility requirements are met
- Unauthorized employment can have serious consequences
Conclusion
If your spouse receives a job offer while on TD status, it can be an exciting opportunity, but it must be handled carefully. U.S. immigration rules require proper work authorization before any employment begins.
By exploring options such as changing to TN status or another work visa, TD spouses can take the necessary steps to work legally in the United States while maintaining compliance with immigration laws.
Sources
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If you have questions regarding TN Visas, 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. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
REBECCA KROLL is an Associate Attorney at Richards and Jurusik who practices exclusively in U.S. immigration law, focusing on both business and family-based immigration. She assists clients with employment-based visas, marriage and family cases, and the U.S. citizenship process. (Full Bio)
