TN Visa Employer Obligations
The following provides an overview of the limited employer obligations involved in hiring an individual under the TN visa worker classification.
Visa Sponsorship Required
Contrary to popular belief, the TN visa classification does require an employer to “sponsor” an individual for TN visa work status.
The TN visa classification, unlike e.g. the E-2 visa, does not permit self-sponsorship.
A prospective employer must request employment authorization on behalf of a TN visa worker.
The extent of this requirement, however, is generally limited to the provision of an employer support letter that requests TN visa work authorization on behalf of the applicant.
The applicant then presents this employer letter along with his/her supporting documents to either U.S. Customs and Border Protection (USCBP) or the U.S. Embassy in order to obtain TN visa work authorization.
No Wage Requirements
The TN visa regulations do not require that a TN visa worker receive a certain salary or wage, or document the ability to financially support a family.
Unlike the H-1B visa, there is no labor attestation, labor certification, or prevailing wage requirement for TN visa status.
No Requirement To Pay Fees
Unlike the H-1B visa category, an employer is not required to pay any of the costs associated with filing for a TN visa.
Under the H-1B visa program, employers are generally required to pay all costs such as government filings fees and any associated legal fees.
I-9 Requirement
Besides producing an employer support letter, the other main obligation of an employer is to complete the required I-9 documentation for any new TN visa employees.
However, this requirement would apply regardless of a new employee’s citizenship. All U.S. employers must complete an I-9 Employment Eligibility Verification form for all new hires including U.S. citizens.
Continued Work Authorization
As with most other temporary work visas, an employer would be required to request the extension of work authorization for any TN visa employees.
TN visa work authorization can be issued with a 3-year validity period.
Prior to the expiration of the work authorization period granted, the employer would be required to “sponsor” the TN visa employee for another 3-year period in order to continue to employ the worker for additional time.
The process to extend this work authorization would be similar to the process to obtain the initial TN visa status (see above), or the employer could file to renew the worker’s status by mail.
Termination Of Employment
There are 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 any time without providing notice to U.S. immigration authorities or incurring liability under the U.S. immigration laws.
This is contrary to other work visas, e.g. 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.