TN Visa Program: Employer Responsibilities and Requirements (2024)

The TN visa program provides critical opportunities for businesses that are looking to bring on experienced talent from Mexico and Canada.

Understanding the Basics of the TN Visa Program

A TN visa is a temporary, non-immigrant work visa that gives certain Canadian and Mexican professionals the opportunity to work for a company in the U.S. There are various occupations that currently qualify for the TN visa, including teachers, accountants, medical professionals, scientists, and engineers.

For applicants to be eligible, they must have a job offer in a profession that falls under the list of approved occupations under the USMCA guidelines. Furthermore, they will need to show that they hold adequate professional and educational experience and certifications in the field that they have been hired for.

The TN visa program provides a faster, more efficient hiring process for foreign talent compared to other types of work visas, such as the H-1B visa. There is no annual cap on the number of TN visas that can be issued, so employers can hire Mexican and Canadian talent without worrying about rejections from the H-2B visa cap. Businesses interested in hiring skilled foreign workers can greatly benefit from the TN visa program.

Employer Responsibilities and Requirements

Although the application process for the TN visa is generally more streamlined and efficient for U.S. corporations, there are still specific requirements and responsibilities associated with the process, including the following:

A Detailed Employment Offer Letter

The employer will need to present a job offer letter that includes critical information, such as the:

Job title and description
Required qualifications
Location of the work
Employment duration

Employers must be sure that the job position is in alignment with the list of approved professions under the USMCA.

In addition to offering a prospective employee a USMCA-qualified job, the employer will need to make sure that the employee meets the minimum qualifications listed under the USMCA for the associated position. They will need to ensure that the employee’s education and work experience match the necessary qualifications for the job.

Compliance With Labor Rules and Regulations

Employers are required to operate in accordance with the rules and regulations laid out by the U.S. Department of Labor. This means that employers must pay their foreign employees the prevailing wage or risk facing penalties and fines. Employers are not required to submit a Labor Condition Application (LCA) in conjunction with a TN visa.

Employers are expected to make sure that their employees hired under the TN visa program are treated equally compared to other employees and they are not subject to exploitation or discrimination. As ensuring compliance with all workplace safety regulations, wage and hour laws, and other relevant standards can be complex, it is generally advised to hire legal support for assistance.

Extensions and Renewals

A TN visa can be granted for up to three years at a time, depending on the nature of the work. Employers are responsible for assisting with the required paperwork for extending or renewing TN visas so that the foreign worker can continue their employment at the business. To do this, they will need to provide an updated offer letter and check that the position requirements and conditions are still in alignment with the USMCA guidelines.

Legal Support for Employers Hiring Under the TN Visa Program

As meeting requirements and responsibilities for employers can be complex, it is generally advised to work with an experienced immigration lawyer. They can ensure that your business continues to operate within relevant rules and regulations while supporting you with the visa application process for prospective employees. By working with the right legal team, you can optimally leverage the benefits associated with the TN visa program.

FAQs

Q: What Does an Employer Need to Do for a TN Visa?

A: For a TN visa application, an employer will need to give a detailed offer letter that clearly states the job position, required qualifications, salary and associated duties. Furthermore, the letter will need to state that the job falls under the list of USMCA-approved professions.

While employers that are supporting prospective Canadian employees in applying for a TN visa do not need to file a petition with USCIS, they will need to provide other critical documents. The employer will need to file Form I-129 with USCIS for Mexican applicants.

Q: Does a TN Visa Require Employer Sponsorship?

A: Yes, a requirement for a TN visa is that the applicant must have a job offer in a profession that falls under the list of USMCA-approved jobs. TN visa applicants cannot self-sponsor or be self-employed; rather, they must have a U.S.-based employer as their sponsor. An experienced immigration lawyer can help you better understand these requirements.

Q: What Are the Advantages of Hiring Through the TN Visa Program?

A: The TN visa program offers multiple advantages, such as:

Not having a specific number of caps on visas that can be allocated each year
Allowing businesses to bypass complex processes, such as obtaining a labor certification
Having faster processing times

Furthermore, employees who are hired under the TN visa program can be employed indefinitely.

Q: Does a TN Visa Require a Labor Condition Application?

A: No, one of the key advantages of the TN visa is that it does not require a Labor Condition Application (LCA). This paperwork, introduced to make sure that the foreign worker is paid a prevailing wage for their job position, is not required for a TN visa application. This greatly simplifies the visa application process for both employers and prospective employees.

Get Critical Legal Immigration Support From a TN Visa Attorney

While the TN visa program provides a myriad of advantages, it is recommended to work with an experienced immigration lawyer to fully leverage the extent of the program. A thoughtful and experienced TN visa lawyer from Pollack, Pollack, Isaac & DeCicco is here to help you make the most of the TN visa program. Contact us today to ensure an efficient application process and actively handle any issues that may arise.