TN Change of Employer

[Scrubz]

Hi guys,

I was notified that I did not have to make a change of employers and could just simply change jobs while on a TN Visa.

They specifically pointed to 9 FAM 402.17-5(A) Employment section of the NAFTA Professional Agreement.

"The TN visa is not employer-specific and, should his or her employment end, the TN worker may begin a position with a different employer, so long as that position constitutes business activities at a professional level as required for TN classification."

Any advice to this? Is this ture?

 

[SS0033]

TN is based on employer. If you look at the stamping, it will say the Employer Company with end date.

You need a new TN if you change employer.

 

[nelsona]

The interpretation of that clause (8) is simply NOT correct, and does not agree with the rest of that section, particularly section (7) which clearly states that each employment must be received by an I-129 submission or a trip to the border, and that each employer must be annotated on the I-94 .

What you quoted, more meant for Mexican nationals. means that TN visas (as opposed to TN status) are not immediately invalidated by the loss of a TN employment. One could get a new TN through I-129 without the need for a new consular visa. H1-B visas DO have the requirement to notify USCIS and this does result in termination of h1-B visa.
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