October 14, 2024

TN Transfer Process Cambridge

Cambridge Visa Attorney

The TN visa is typically the best option for nationals of Canada or Mexico to work in the USA.

As a TN visa holder, you may receive an offer of employment from another TN employer.  There are two primary ways to change your TN employer. First, you may file an I-129 petition with USCIS to request a change of employer. Second, you may depart the USA and request a new TN at the border or consulate.  If you do not wish to depart the USA, filing the I-129 TN transfer petition with USCIS is the best option.

The TN visa transfer process can be challenging. Our Cambridge visa attorney understands the challenges of the TN visa process.

Can Canadian citizens apply for a TN visa transfer at the border?

Yes. Canadian citizens can present their documents to a Customs and Border Protection (CBP) officer at a designated port-of-entry or a pre-flight inspection station. The officer will review the documents to determine if the TN visa transfer can be granted.

Alternatively, Canadian citizens may have their new TN visa employers file form I-129 with USCIS to request a TN visa employer change.

Our Cambridge visa attorney can help you decide which option is best for your case.

I am a Mexican citizen with TN status. Can I change employers at the border if the visa in my passport is valid?

In 2024, CBP confirmed that Mexican citizens holding valid TN visas can change employers at the border. This option will require you to leave the USA, then seek reentry at the port-of-entry with a TN letter from your employer as well as supporting documents. However, in practice many CBP officers have refused to process such TN visa transfers at the border.

What other options do I have to change my TN visa employer as a Mexican citizen?

As a Mexican TN professional, you may apply for a new TN visa at a US Consulate or Embassy in Mexico. You must provide your documentation at the time of the interview. Interview dates are often quite backlogged.

Alternatively, you may request that your employer file form I-129 with USCIS to request a change in TN visa employment.

Our Cambridge visa attorney can help you decide which option is best for your case.

What are the requirements for a TN visa transfer?

You must be a Canadian or Mexican citizen with a valid TN visa. You must have a job offer from a US employer. The new job must meet the TN position requirements. You must meet the education and/or professional requirements for the position.

Does my new TN visa job need to be the same as the TN visa job I have now?

No. However, your position must meet the requirements outlined in the TN regulations.

Can I begin work with a new TN employer after the case has been filed?

As a TN holder, you may begin work with a new employer after the case has been approved. The portability rules referenced in the H-1B regulations are inapplicable to TN visas. Therefore, you cannot work for your new TN visa employer on the I-129 receipt alone.

What happens if my TN transfer visa petition is denied?

If the TN visa petition is denied, you may be able to reapply. Alternatively, you may wish to appeal the decision. To determine which option is best for your case, please contact our Cambridge visa attorney.

Do I need to cancel my old TN visa after I switch jobs?

You will need a new TN approval to start work at your new TN visa employer. However, there is no requirement that the TN employer notify USCIS of your departure.

Can I work part-time as a TN visa holder?

Yes.

Our experienced TN visa lawyer can work with US employers to prepare and file your TN visa transfer petition. Please contact our Cambridge visa attorney to schedule a consultation.