TN visa job changes face limits even with premium processing

Key Takeaways

• TN visa holders cannot work for a new employer until USCIS approves the new I-129 petition, regardless of premium processing.
• You may work up to 240 days after TN expiration if your extension was filed on time by the current employer.
• Premium processing speeds I-129 decisions to 15 days but does not allow early job start or override TN visa rules.

When thinking about changing jobs in the United States 🇺🇸 while you’re on a TN visa, especially if your current employer has already filed to extend your status using premium processing, it’s important to know the rules and what you can and cannot do. The TN visa is different from other work visas like the H-1B. Understanding the steps and requirements will help you avoid mistakes that can cause problems for your legal status or future plans.

This guide will break down the steps clearly, using simple words and real facts, so you can make good decisions if you’re in this situation. It will walk you through what to do if you get a job offer from a new company while your TN visa extension request is being handled, what rules you must follow, and what happens at each stage.

Introduction: Why Rules About Switching TN Jobs Matter

A TN visa lets certain Canadian 🇨🇦 and Mexican 🇲🇽 professionals work in the United States 🇺🇸 in approved fields. But unlike some other work visas, the TN does not let you start working for a new company just because paperwork has been filed. Many people think that using premium processing for Form I-129 (which speeds up decisions) changes this rule, but it does not.

If you break the rules about who you work for or when you can start a new job, you could lose your TN status. That means you might have to leave the United States 🇺🇸 and it could also make it harder for you to get approval for visas in the future. That’s why it’s important to know each step clearly, follow the right process, and avoid mistakes.

Checklist: What You Need Before You Begin

• Your current TN visa and job details
• Date your current TN status expires
• I-129 extension receipt notice from your current employer (if already filed)
• Copy of your new job offer
• Readiness for your new employer to file a separate I-129 (with premium processing if needed)
• Up-to-date understanding of U.S. immigration timelines for TN visas

Step 1: Know What “No Portability” Means for TN Visas

Many workers are used to “portability,” which means you can start at a new job once the right form is filed. For example, H-1B workers can start with a new employer as soon as that employer files the I-129 form. TN visa holders do not have this option.

What does this mean for you?
You cannot start working for a new company—even after they file a Form I-129 for you—until the United States 🇺🇸 government says “yes” and gives the official approval. Premium processing does not change this requirement; it just means you’ll get an answer faster. This rule is the same for Canadian 🇨🇦 and Mexican 🇲🇽 TN visa holders.

Caution: If you start working for a new employer before the government approval comes through, you will be working without permission. This can lead to loss of status and problems later with immigration.

Step 2: Handle Your Current TN Extension First

If your current employer has filed to extend your TN visa, you may keep working while the request is pending—as long as it was filed before your TN status expired. This is called “timely filing.” You do not have to wait for approval to keep working in your current job if the extension request is pending and was filed on time.

Key Details:
– You can keep working for your current employer for up to 240 days after your status expires if the I-129 extension is pending.
– This special extension-of-work right only applies to your current employer, not a new company.
– You must stop working if your extension gets denied.

Tip: Keep a copy of your I-129 receipt notice as proof you’re allowed to work during the pending extension.

Step 3: What To Do If You Get a Job Offer While Extension Is Pending

If you receive a new job offer while your TN extension is in process for your current job, you face a choice and a timeline. You cannot simply change employers or start the new job because your current extension or your new employer’s filing is pending.

Steps to Take:
a. Tell your new prospective employer about the special TN visa rules.
b. Make sure the new employer is ready to file its own I-129 petition for you. If you need a decision quickly, ask the new employer to use premium processing, which means your case will be decided within 15 calendar days.
c. Do NOT stop working for your current employer until the new employer’s I-129 is approved.
d. Plan your move so it does not create a gap in your legal status or leave you without permission to work.

Important: Filing a new I-129 for a different employer does not “take over” the existing extension. Each action with each employer must have its own paperwork.

Step 4: Understand Premium Processing

Premium processing is a service offered by U.S. Citizenship and Immigration Services (USCIS) that speeds up their decision on Form I-129. Normally, immigration cases can take several months. With premium processing, the government promises to make a decision within 15 calendar days for an extra fee.

Important Points:
– Premium processing only affects how fast your case is reviewed; it does not give you the right to start a new job early.
– Both your current employer (for extensions) and new employer (for change of employer) can use premium processing on their separate filings.
– Learn more about how this works on the official USCIS premium processing page.

Step 5: New Employer’s I-129 Filing (Change of Employer Petition)

To switch jobs, your new employer must file their own I-129 form with USCIS. This is the only way to move your TN status from your current job to the new job.

For Canadians 🇨🇦:
– You can have your new company file the I-129 by mail to USCIS, or
– You can apply for a new TN visa at a land border or airport port of entry (sometimes faster, but border practices can vary).

For Mexicans 🇲🇽:
– Most new employer TN visa requests are done by mail through USCIS due to less predictable border processing.

Process:
– The new employer gathers all needed supporting documents (like your diplomas, credentials, and job offer letter for a TN-eligible job).
– The I-129 is filed, optionally using premium processing.
– Wait for the approval notice before ending your current job or starting the new one.

Tip: Ask the new employer to use premium processing if you want to reduce wait time. This service costs extra, but can help you start sooner.

Step 6: Do Not Start Early—Understand the Risk

It may be tempting to put in your two-week notice and start your new job before formal approval. Don’t do it.

Quotes from the sources make this clear:

“You cannot commence employment with a new or different employer until CBP has approved a new TN visa application at a port of entry or USCIS has approved a new petition.” (Source: Malescu Law [4])
“A TN employee cannot start working for the new employer until the petition has been approved.” (Source: click4immigration [3])

Starting work early can:
– Cause you to fall out of legal status immediately
– Lead to future denials when you apply for new visas or entry to the United States 🇺🇸
– Cause problems for both you and your new employer

Caution: Always wait for the official written approval notice before switching jobs.

Step 7: After Approval Arrives – What’s Next?

Once your new employer’s I-129 petition is approved (either by mail or after a port-of-entry process for Canadians 🇨🇦), you can end your employment with your current company and begin the new job.

Tips:
– Keep all approval notices safe; you’ll need them for future immigration paperwork.
– Let your previous employer know as soon as your new approval arrives, but not before.
– Review your approval dates carefully to avoid any gap in your work authorization.

Special Scenarios: Border Processing for Canadians 🇨🇦

Canadian TN workers can sometimes use U.S. land border crossings or airport pre-clearance areas to apply for a new TN status if changing employers, instead of filing through USCIS. This can be quicker but is not always available or predictable.

Tips:
– Bring all required paperwork, including your new job offer, diploma, and proof of credentials.
– Be prepared for questions from border officers.
– You may want to talk to an immigration lawyer or double-check border wait times and policies before deciding which option is best.

Frequently Asked Questions

Q: If I have two I-129s filed at once (one for an extension, one for change of employer), will they interfere with each other?
A: No, each I-129 is separate and processed for different jobs. You must keep following the rules for each job until the proper paperwork is approved.

Q: Is there any way to speed up my change to a new TN employer?
A: Asking your new employer to use premium processing is the fastest option. However, you still need to wait until the official approval comes before starting work.

Q: What if my current extension is denied while my new employer’s petition is still pending?
A: You may lose your legal right to work and could face a gap in your status. Talk to your new employer or a legal advisor right away if this happens.

Important Table: TN Visa Job Change Steps

Key Reminders and Common Mistakes

• Never start a new TN job before the official approval comes through.
• Don’t mix up extension filings and new employer petitions—they are separate steps.
• Always keep track of all dates, receipt numbers, and approval notices.
• If you are Canadian 🇨🇦, decide if you want to use border processing or mail. Plan for wait times and possible delays.
• If you stop working before you get new approval, you could lose your TN status.

Where to Find Official Help

If you need more information or want to review forms and rules for yourself, you can always check the official USCIS TN visa page.

Premium processing details, costs, and how to use the service can be found on the USCIS premium processing page.

VisaVerge.com is another helpful resource for up-to-date articles and explanations about the TN process, premium processing, and other U.S. work visa questions.

Conclusion and Next Steps

Changing jobs while your TN visa extension is being processed takes careful planning. Always remember there is no “portability” with a TN visa—the I-129 for your new employer must be approved first, even if you use premium processing.

Main steps to follow:
– Keep working for your current TN employer while your extension is pending, as long as it was filed on time.
– If you want to switch jobs, have your new employer file a new I-129. Premium processing is available if you need a quick answer.
– Never stop working for your current employer—or start with the new one—until you receive the official approval notice.
– For Canadians 🇨🇦, decide if you want to apply at the land border, knowing there may be extra steps or questions.

By following every rule and step, you will protect your legal TN status and avoid actions that could harm your ability to work in the United States 🇺🇸. As reported by VisaVerge.com, careful handling of each step is the smartest way to keep your future options open. If you are ever unsure, check official sources or talk with an experienced immigration professional.

Remember: Stay up to date, keep good records, and follow each instruction to avoid problems. The right actions now mean fewer problems later, and a better chance to keep building your career in the United States 🇺🇸.

Learn Today

TN visa → A work authorization under NAFTA/USMCA for certain Canadian and Mexican professionals employed in the U.S. in approved fields.
Premium processing → An optional USCIS service promising a decision on certain immigration petitions, like I-129, within 15 calendar days for a fee.
Portability → A feature of some visas (like H-1B), letting workers start new jobs once a petition is filed; not allowed for TN visas.
Form I-129 → The primary U.S. Citizenship and Immigration Services form used by employers to sponsor temporary workers, including TN visa renewals and transfers.
USCIS → United States Citizenship and Immigration Services, the federal agency that oversees lawful immigration and processes work visa petitions.

This Article in a Nutshell

When changing jobs on a TN visa, it’s crucial not to start a new job until USCIS approves your new employer’s I-129. Even premium processing cannot bypass this rule. Staying compliant protects your status and future options. Always plan each step, keep thorough records, and rely on official guidance.
— By VisaVerge.com

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