Amending TN Visa Status: What You Need to Know
If you’re working in the U.S. on a TN visa and your employment changes, it’s critical to understand whether you need to file for an amended status or obtain a new TN visa. While TN regulations provide limited guidance, there are clear rules to help you understand job transfers, role changes, and employer updates. We explain below.
1. When Do You Need a New TN Visa or Amendment?
A. Switching Employers
You must apply for a new TN visa if you are changing employers. TN visas are employer-specific, meaning you can only work for the employer listed in your approved application. Working for a new employer without a TN visa violates your visa terms. To apply for a new TN visa, you can:
- File Form I-129 through the new employer (if you’re already in the U.S.) or
- Apply at the border (for Canadian citizens) or a U.S. Embassy/Consulate (for Mexican citizens).
B. Employer Transfers
If transferring to a separately incorporated subsidiary or affiliate of your current employer, you must file a new TN application. However, transfers to a branch or office of the same employer do not require a new TN. (8 C.F.R. § 214.6(i)(3))
C. Job Role Changes
No new application is needed if your intended professional activities and employer remain the same. However, significant changes to your job duties—especially if they affect your eligibility under TN visa status—may require an amendment.
D. General Rule from the NAFTA Handbook
The NAFTA Handbook states:
- Employers must notify USCIS of changes in the terms and conditions of employment that could affect TN eligibility.
- If your employer no longer employs you, they must submit a letter to USCIS explaining the changes.
2. How to Amend TN Visa Status
A. File Form I-129 with USCIS
You can amend your TN status by submitting Form I-129 via mail to USCIS. This option is ideal if you’re already in the U.S. and wish to avoid reapplying at a border or consulate.
Requirements for I-129 Amendment:
- Similar to filing for an I-129 extension.
- Include updated employment details and proof of continued eligibility.
B. Apply at the Border or Embassy
Alternatively, you can apply for an amended TN visa at:
- A U.S. port of entry (for Canadian citizens).
- A U.S. Embassy or Consulate (for Mexican citizens).
This process involves the same steps and documentation as your initial TN application.
3. Practical Tips for Staying Compliant
- Changing Employers? Always obtain a new TN visa before starting work with a new employer.
- Changing Roles? Confirm that new job duties meet TN visa requirements.
- Talk to Your Employer: Ensure they know TN-specific rules for transfers or amendments.
Schedule a Consultation with an Immigration Lawyer
Citations
- § 214.6 Citizens of Canada or Mexico seeking temporary entry under USMCA to engage in business activities at a professional level.
- 9 FAM 402.17 USMCA Professionals – TN and TD Visas
We Can Help!
If you have questions regarding your TN visa status, 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.