Are you a citizen of Canada or Mexico currently working as a TN NAFTA Professional in the United States? You may be wondering what permissions your TN visa has, including whether or not you can switch employers without having to file for a new visa. Let us take a look at what your TN visa allows you to do with regard to switching employers.
What is “Portability”?
Portability is actually a concept that exists generally outside of the realm of immigration law. It refers to the ability to transfer one’s work-related benefits when switching from one employer to another. Within the context of immigration law, it has a similar meaning. Visa portability allows an individual to preserve their nonimmigrant status, even if they begin working with a new employer.
One prominent visa that has a portability provision is the H-1B Nonimmigrant Worker Visa. A H-1B worker can begin work with a new employer so long as the new employer has:
- Filed Forms I-129/ I-129W for the employment of the H-1B worker before the date of expiration of the worker’s authorized period of stay; and
- Submitted an unexpired, approved Labor Condition Application covering the same work that the individual is being hired to perform.
Does my TN Visa have portability?
Unfortunately, TN visas do not have portability in the same way that H-1B visas do. This means that you are only authorized to maintain status in the U.S. while working for the employer for which your TN Visa application was approved.
This means that, if you would like to begin work for another employer with a TN visa, you must submit and receive approval for a new I-129 application. Once you receive USCIS approval, you can then begin work for the new employer.
You may also be interested: Basics of a TN Visa for Canadian Citizens
Why hire an immigration attorney?
The TN Visa may not offer portability, but it remains a fantastic opportunity for skilled professionals from Canada and Mexico to build their careers in the United States. If you’re considering a job change, working with an experienced immigration attorney can streamline the process, ensuring your new I-129 petition is filed quickly and correctly—boosting your chances of approval. Ready to make your next move? Contact us today for expert guidance and a consultation!
