For United States firms that desire to employ experts from Canada and Mexico, leveraging the Trade NAFTA (TN) visa program is another option. NAFTA, which stands for the North American Free Trade Agreement, was established to motivate trade among the United States, Canada, and Mexico.
Even though NAFTA has long been superseded by the United States-Mexico-Canada Agreement (USMCA), the TN visa program is still in operation under the USMCA’s conditions.
A general question concerning the TN visa is whether it is feasible to change employers and, if so, what steps to take. In this article, we respond to this question and also discuss the TN visa qualifications.
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TN Visa Versus TN Status
Using TN approval, Canadian and Mexican nationals can get employed in the United States for a short term if they satisfy specific requirements. Hence, Canadian nationals can apply for a TN visa after departure. Instead, they can apply for TN status if they satisfy the qualifications. TN status varies significantly from the TN visa.
TN Status or Temporary Non-Immigrant Status
TN status concerns the authentic approval the United States Customs and Border Protection (CBP) awards to qualified Canadian experts to get employed in the United States for a short term. This status can be acquired from United States Customs and Border Protection (CBP) at a Class A Port of Entry or Pre-Clearance Inspection Station. It does not need a first visa request.
On the contrary, the TN visa is a particular document that Mexican nationals must get from a United States embassy before accessing the US and looking for TN status. TN status and TN visa permit an initial stay of three years in the US, with the possibility of renewal.
Who Is Eligible For A TN Visa Or TN Status
A candidate must have Mexican or Canadian nationality, and their employment position must be among those demonstrated in NAFTA’s list of occupations. This list has to do with various professional areas, which include:
- General occupations
- Medical/Allied professionals
- Scientist
- Teachers
Other prerequisites have to do with the following:
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- Education and skill: Candidates must also have a minimum level of education in their particular areas of study. This naturally involves bachelor’s programs and applicable specialized certificates and licenses. Applicants may be required to indicate enough work skills rather than formal education for some occupations.
- Employment offer from a United States Employer: Candidates must have an authentic job offer from a United States employer. The position can be part-time or full-time. Hence, the employment offer must be temporary, with conditions not exceeding three years.
Procedure For Change Of Employer
The TN visa program permits NAFTA experts to work for another United States firm after their current employer’s employment period expires. Hence, they cannot begin working for a different firm until United States Immigration authorities endorse the change of employer.
The procedure of changing employers varies between Canadian and Mexican NAFTA experts.
Canadian Employees Possess The Following Choices
Exit the United States and Reapply
Canadian employees can submit their needed documents to a United States Customs and Border Protection (CBP) official at an assigned United States port of entry or, optionally, at a pre-flight examination station. The official will check the documents and decide whether they qualify for TN change of employer.
Have the New Employer File Form I-129
Another alternative is to have the new employer file form I-129, the Petition for a Non-immigrant Employee, to demand a TN visa employer modification and renewal of stay. The new employer must file this on the employee’s behalf with the United States Citizenship and Immigration Services (USCIS).
Mexican TN Experts Have The Following Choices
- Make an application for a new TN visa: Mexican NAFTA experts can exit the United States and apply for a new TN visa at a United States consulate or embassy in Mexico. They must be ready to present the new job offer letter, applicable certificates, licenses, and evidence of Mexican nationality. Hence, it is crucial to understand that obtaining an appointment with a United States embassy can take many months.
- Have the Employer File Form I-129: Like the procedure for Canadian employees, Mexican nationals can demand their new employers to file form I-129 with a USCIS service center.
Portability Under TN Status
Candidates will come across the phrase “portability” when looking for choices when working in the United States. The portability provision for United States job-based visas is a lawful clause allowing international employees to change employers without the danger of becoming “out of status.” Sadly, the portability provision does not have to do with a TN visa. Instead, it applies to H-1B non-immigrant employees already in the United States.
