Change or Addition of TN Employer
Two Options Available: Filing with USCIS or At the Port-of-Entry
A TN visa professional may change TN employers or add an additional TN employer by filing a petition with the Vermont Service Center or by resubmitting an application at the border (for Canadian citizens). Employment with a different or with an additional employer is not authorized prior to approval of the request.
1. Filing at the Vermont Service Center.
- A TN visa professional who seeks to change or add a United States employer during the period of admission must have the new employer file a Form I-129 with appropriate supporting documentation, including a letter from the new employer describing the services to be performed, the time needed to render such services, and the terms of remuneration for services.
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Unlike the H-1B visa category, portability is not offered under the TN visa category. Individuals cannot work with the new employer under TN status until the I-129 petition is actually approved by the Service Center. Processing of the I-129 petition varies and can range from 1-3 months.
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If the employment opportunity requires that work start immediately, it may be more prudent to seek the change of employer at the border (if Canadian citizen).
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Alternatively, premium processing may be requested for an additional $1,000 government filing fee (decision provide within 15 calendar days). Form I-907 must be submitted to USCIS to request this service.
2. Requesting New or Additional Employer at the Border.
- Citizens of Canada may also change TN employers or add an additional TN employer at any United States port-of-entry.
- The application for admission must be supported by a new letter from the United States employer and include all previously submitted supporting documentation.
- The applicant must again pay the US$56 filing and I-94 fees.
3. Transfers to another Location / Entity.
- A TN professional who is transferred to another location by the same United States employer to perform the same services need not file a new application for TN status. For example, if the TN professional is transferred to a branch or other office of the employer, a new application for TN status does not have to be filed.
- If the TN professional is transferred to a separately incorporated subsidiary or affiliate, a new TN application should be filed.
4. Additional Materials:
Revised Aug. 29, 2008.