Company Merger on TN

M

midorirec

Member
I'm a Canadian living in the US and have a valid TN. My company is being purchased by a Canadian company which has offices in the US. My job duties will remain the same and the company will operate the same but under a different umbrella.
1. Will I still be able to get a TN given that the company headquarters are in Canada?
2. Do I need to get a new TN before the merger happens? It's scheduled for November 1st, so I may have to go to the border rather than trying to file a change of employer with USCIS if it needs to occur before the merger.
Thanks!
 
midorirec said:
1. Will I still be able to get a TN given that the company headquarters are in Canada?
Click to expand...
- Yes, for you to be able to work in the US, for their US office.
midorirec said:
2. Do I need to get a new TN before the merger happens? It's scheduled for November 1st, so I may have to go to the border rather than trying to file a change of employer with USCIS if it needs to occur before the merger.
Click to expand...

- No, if everything else (the company name, your job duties/title) remains the same - other than the company ownership.
- "Yes", if the original company ceases to exist and you work for a entirely new name (company).
 
When a company merges, or even buys out the old company -- even changing the name -- the new entity assumes all liabilities and obligations of the old firm, including employment sponsorship.
Nothing to be done until renewal.
 
Ok, I guess my concern is that the border agent might give me a hard time when I go for the renewal and tell him/her that the company was bought out 2 years ago but I was still on the TN I got before that occurred. I've sort of read conflicting accounts of what I should do. Is there some sort of immigration or legal document that I can refer to? The new company might hire a lawyer so maybe I could get something in writing, but maybe best to just go to the border to be safe, I'm not sure.
 
Technically, every TN is a new TN - even though you are referring to it as a "renewal". You just go there with a new set of documents - most likely the same documents with a new company name. So the possibility of asking questions about your past TN is very low.
 
Any lawyer that the new entity would hire would know that the new entity assumed all rights and responsibilities of the old.

We've has this issue presented here dozens of times and the answer (and real-life results) have all been the same: You only need a new TN when the old one is expiring.
 
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