Chapter 5 - Other Factors to Consider

A. Request to Change or Add U.S. Employers

A Canadian or Mexican citizen present in the United States as a TN professional^[1] may apply to change or add employers^[2] while in the United States by filing a Petition for a Nonimmigrant Worker (Form I-129). The applicant (not petitioners) must show that he or she meets all applicable documentary requirements.^[3] Employment with a different or additional employer is not authorized until USCIS approves the application.^[4]

Alternatively, a Canadian citizen seeking to change or add a U.S. employer may depart the United States and apply for readmission to obtain additional employment authorization with a new or additional employer.^[5]

A Mexican citizen seeking to change or add a U.S. employer may depart the United States and seek a new visa from a U.S. embassy or consulate before readmission.^[6] He or she must still meet applicable documentary requirements^[7] and pay any required fees.

A Canadian or Mexican citizen who is transferred to another location (for example, another branch or office) by the same U.S. employer to perform the same services may do so without seeking readmission or filing a petition with USCIS.^[8] If the transfer is to a separately incorporated subsidiary or affiliate, the TN nonimmigrant (and any dependents) must file a new Form I-129.

B. No Limitations on Length of Stay

A TN applicant is not admitted or granted TN status indefinitely. TNs are admitted for a certain period of time (up to 3 years) in TN status. There is no cumulative total limiting the period of time a citizen of Canada or Mexico may remain in the United States in TN classification, provided that the TN nonimmigrant continues to be engaged in a TN occupation.^[9] Citizens of Canada or Mexico seeking a change of status to or extension of stay in TN status, or readmission, must be examined to ensure qualification for such nonimmigrant classification.^[10]

C. Spouse and Unmarried Minor Children

The spouse and unmarried minor children, who are accompanying or following to join a TN nonimmigrant, if otherwise eligible, are accorded TD classification.^[11] These aliens are required to present a valid, unexpired nonimmigrant visa unless otherwise visa-exempt.^[12] There is no requirement that the dependent also be a citizen of Canada or Mexico.

In general, no fee is required for admission of Canadian dependents in TD nonimmigrant status, and dependents are issued documentation allowing for multiple entries into the United States.^[13]

A dependent spouse or child cannot accept employment while in the United States in TD nonimmigrant status.^[14] Dependents in TD nonimmigrant status may attend school in the United States on a full-time basis, however, as such attendance is deemed incidental to status.

Spouses and children of TN nonimmigrants are admitted under the TD classification and may apply for extension of stay or a change of status from another nonimmigrant classification to TD status by filing an Application to Extend/Change Nonimmigrant Status (Form I-539). A TD nonimmigrant must provide evidence of the principal’s continued TN status or continuing employment and licensing, if required.

D. Labor Disputes

DHS may not classify citizens of Mexico or Canada as a TN nonimmigrant if:

• The Secretary of Labor certifies or otherwise informs USCIS that a strike or other labor dispute such as a lockout involving a work stoppage of workers is in progress in the occupational classification at the place of intended employment; and
• The temporary entry of a citizen of Mexico or Canada in TN nonimmigrant status may adversely affect the settlement of any labor dispute or the employment of any person who is involved in such dispute.^[15]

Footnotes

[^ 1] Even though the United States-Mexico-Canada-Agreement (USMCA) replaces North American Free Trade Agreement (NAFTA), the USMCA retains all substantive elements of the former NAFTA, and the United States continues to use the TN designation for NAFTA and USMC professionals.

[^ 2] See 8 CFR 214.6(i).

[^ 3] See Chapter 3, Documentation and Evidence, Section B, Evidence [2 USCIS-PM P.3(B)].

[^ 4] See 8 CFR 214.6(i)(1).

[^ 5] See 8 CFR 214.6(i)(2).

[^ 6] See 8 CFR 214.6(i)(2).

[^ 7] See Chapter 3, Documentation and Evidence, Section B, Evidence [2 USCIS-PM P.3(B)].

[^ 8] See 8 CFR 214.6(i)(3).

[^ 9] See 8 CFR 214.6(h)(1)(iv).

[^ 10] See INA 214(b).

[^ 11] See 8 CFR 214.6(j).

[^ 12] See 8 CFR 212.1 for documentary requirements for nonimmigrants, including visa exemptions.

[^ 13] See 8 CFR 214.6(j)(3).

[^ 14] See 8 CFR 214.6(j)(4).

[^ 15] See 8 CFR 214.6(k).