Changing Employers While in TN Status: Canadian Professionals

A. A new employment offer

A Canadian professional working in the United States may receive an attractive offer while still holding valid TN status. The remaining time on the admission record does not, by itself, authorize work for the new employer. The proposed change needs its own authorization before the new employment begins.

The date on which the applicant may lawfully begin the new employment should be determined before agreeing to a fixed start date or making relocation arrangements.

B. Position and qualification requirements

TN eligibility depends on a profession covered by USMCA, qualifying professional activities and the required credentials. Canadian citizenship is required for the Canadian TN route; Canadian permanent residence alone does not qualify someone for it. Canadian citizens generally do not need a consular TN visa, but they must still establish eligibility for admission in TN status.

A previous approval is relevant background but does not replace an assessment of the new position. The prospective employer should provide the duties, employment terms and intended duration. These should be reviewed against the applicant’s education, professional credentials and proposed category.

C. Authorization before starting the new employment

The TN regulation provides for an employer to request a change or addition of employer through Form I-129 while the professional is in the United States. It also permits an application for readmission supported by the different or additional employer’s documents. Which approach fits depends on the individual’s circumstances, current status and travel plans.

Filing the new employer’s petition alone does not authorize starting that job. Do not assume rules you have heard about another work classification apply to TN.

D. Additional employers and changes within a business

Adding a second employer raises an authorization question too. A transfer to a different office of the same employer to perform the same services is treated differently from a move to a separately incorporated affiliate or subsidiary. Explain the legal employer and proposed work, rather than relying only on the group’s brand name.

Prepare a schedule showing the last day of current employment, proposed start date with the new employer and any travel. Identify any dates that remain uncertain. If employment has already ended or admission is nearing expiry, a prompt assessment is advisable.

E. Documents for an assessment

Gather your passport, current admission record, prior TN documents, new offer and a detailed description of the proposed work. Include any planned changes affecting accompanying family members.

Our firm can review the proposed change with the applicant and prospective employer, including the start date, supporting documents and immigration procedure.

General information only; it does not replace advice about an individual case.