Risks of Hiring TN Visa Employee

Question: We have a consultant (a software engineer) that has worked with us since November 2007 through a consulting firm. He is from Canada and here on a TN Visa. We would like to hire him but we are not familiar with the TN visa revocation risk. Could you give me statistics on the chance of the US government pulling his visa and his losing his TN status?

Answer: I don’t have any specific data to provide you, but generally, a non-immigrant visa worker (such as a TN visa worker) would not be subject to deportation unless he or she committed a crime (e.g., certain felonies, controlled substance offenses) or violated a U.S. immigration law (e.g., failure to maintain immigration status, working with another company without authorization). Generally, unless an individual engages in some type of criminal or immigration misconduct, and the government becomes aware of the misconduct, the risk of losing a non-immigrant worker is relatively low.

Additionally, there no consequences under U.S. immigration laws for an employer that terminates a TN visa worker prior to the expiration of the worker’s authorized period of stay. The employer is free to terminate a TN visa worker at anytime without providing notice to U.S. immigration authorities or incurring liability under the U.S. immigration laws. This is contrary to the H-1B visa category, which requires an employer to provide notice to U.S. immigration authorities of the early termination of an H-1B visa worker (or else face liability for back-wages) and to provide payment for return trip travel expenses.