U.S. Immigration: What Do Canadian TN Visa Holders Have to Keep in Mind When They Have a Change in Employment Condition

The United States-Mexico-Canada Agreement (formally “NAFTA”) is a popular non-immigrant work permit option for Canadian and Mexican citizens to obtain a NAFTA Professional (“TN”) visa and work in the U.S.… Learn More

Author(s): Katie Leung

published 11/14/2023

The United States-Mexico-Canada Agreement (formally “NAFTA”) is a popular non-immigrant work permit option for Canadian and Mexican citizens to obtain a NAFTA Professional (“TN”) visa and work in the U.S. temporarily. One of the unique benefits for Canadian citizens who apply for a TN classification is the fact that you are not required to apply for it at a U.S. consulate and are allowed to apply for it at a U.S. border Port of Entry (“POE”). Essentially, this eliminates the long processing time from United States Citizenship and Immigration Services (“USCIS”) or having to make an appointment with a U.S. consulate.

There are numerous articles and blog posts about how to apply for a TN status. This article will cover a few frequently asked questions on what happens after obtaining a TN status, particularly if there is a change in your employment conditions.

  • If you have a change in your U.S. employer, you may do either of the following (8 CFR §214.6(i)(1) and (2)):
    • As a Canadian citizen, you may visit the POE to present the new documentation in order to obtain a new Form I-94 and pay the related fee.
    • The new employer may file for change or addition on Form I-129 with USCIS. However, keep in mind that employment with a different employer is not authorized until you receive USCIS approval.
  • If you have to extend your stay in the U.S., you may do either of the following (8 CFR §214.6(g)):
    • As a Canadian citizen, you may visit a POE prior to the expiration of your current TN visa. You must also present the new documentation to obtain a new Form I-94 and pay the related fee.
    • File a Form I-129 with USCIS to extend the TN status. Keep in mind that the maximum extension period is three years.
  • If your employment location in the U.S. has changed (8 CFR §214.6(i)(3)):
    • If you are being transferred to a different branch or office of the same employer and performing the same service, then no action is necessary. But if you are transferring to a separate related company (i.e., a subsidiary or an affiliate), then you will be required to present new documentation to obtain a new TN approval.
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For additional information, please contact Katie Leung at khl@tdslaw.com or call her at (204) 934-2407.


DISCLAIMER: This article is presented for informational purposes only. The content does not constitute legal advice or solicitation and does not create a solicitor client relationship. The views expressed are solely the authors’ and should not be attributed to any other party, including Thompson Dorfman Sweatman LLP (TDS), its affiliate companies or its clients. The authors make no guarantees regarding the accuracy or adequacy of the information contained herein or linked to via this article. The authors are not able to provide free legal advice. If you are seeking advice on specific matters, please contact Keith LaBossiere, CEO & Managing Partner at kdl@tdslaw.com, or 204.934.2587. Please be aware that any unsolicited information sent to the author(s) cannot be considered to be solicitor-client privileged.

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