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

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.

About The Author

Conrad E. Pollack

Conrad E. Pollack is the Managing Partner and Director of Immigration at Pollack, Pollack, Isaac & DeCicco, LLP. He graduated Magna Cum Laude from New York University and earned his J.D. from Brooklyn Law School. With over three decades of experience in immigration law, Conrad has helped countless clients achieve their American Dream. Under his leadership, PPID has expanded significantly, opening new offices in Peekskill and Brooklyn, NY. He is a member of the American Immigration Lawyers Association and has been recognized for his professional excellence with numerous awards and distinctions. Education: Magna Cum Laude graduate from New York University; J.D. from Brooklyn Law School. Awards: Recipient of numerous professional excellence awards. Memberships: Active member of the American Immigration Lawyers Association.

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