How Can TN Visa Holders Change Employers in the U.S. Under USCIS Rules?

Key Takeaways

• TN visa holders can change employers in the U.S. by USCIS-approved Form I-129 or by reapplying abroad.
• New job must be USMCA-listed profession with required education or licensing; employer must be U.S.-based.
• Starting work before USCIS approval or self-employment is prohibited and causes loss of TN status.

If you’re a TN visa holder working in the United States 🇺🇸 and you’re thinking about changing employers, it’s important to know exactly what’s allowed, what’s required, and what steps you must follow to stay in legal status. The rules for TN visa holders have changed in recent years, especially with updates from USCIS in 2025. This guide will help you figure out if you qualify to change employers, what you need to do, what could disqualify you, and what other options you have if you’re not eligible right now.

Can TN Visa Holders Change Employers While in the U.S.?

Yes, TN visa holders can change employers while in the United States 🇺🇸, but only if they follow the correct process. The TN visa is for Canadian and Mexican citizens who work in certain professional jobs listed under the USMCA (United States-Mexico-Canada Agreement). If you want to switch to a new employer, you must meet specific requirements and follow the steps set by USCIS.

Let’s break down the eligibility rules, the process, and what you need to watch out for.

Eligibility Criteria: Do You Qualify to Change Employers as a TN Visa Holder?

To change employers in the United States 🇺🇸 as a TN visa holder, you must meet all of the following requirements:

• You must be a citizen of Canada 🇨🇦 or Mexico 🇲🇽.
• You must currently hold valid TN status.
• The new job offer must be for a profession listed under the USMCA. You can find the list of approved professions on the official USCIS TN NAFTA Professionals page.
• You must meet the education or licensing requirements for the new job. For example, if the new job requires a bachelor’s degree, you must have that degree.
• The new employer must be a U.S. employer or entity. You cannot work for yourself or for a foreign company that does not have a formal U.S. employer-employee relationship.
• You must file a Petition for a Nonimmigrant Worker (Form I-129) with USCIS before starting work with the new employer, and you must wait for approval.

If you do not meet all of these requirements, you are not eligible to change employers while staying in the U.S. under TN status.

Detailed Requirements for Changing Employers

Let’s look at each requirement in more detail, with examples to help you understand what’s needed.

1. Citizenship

• Only citizens of Canada 🇨🇦 or Mexico 🇲🇽 can use the TN visa program. Permanent residents or citizens of other countries are not eligible.

2. Valid TN Status

• You must be in the U.S. with valid TN status. If your TN status has expired or you’ve violated the terms of your visa, you cannot change employers from within the U.S.

3. Job Must Be a USMCA Profession

• The new job must be one of the professions listed in the USMCA. Examples include accountant, engineer, computer systems analyst, or scientific technician.
• If your new job is not on the list, you cannot use the TN visa for that position.

Example:
Maria, a Canadian citizen, works as a TN accountant in Texas. She gets a job offer to work as a marketing manager. Because “marketing manager” is not a USMCA-listed profession, she cannot change to this job under TN status.

4. Education or Licensing

• You must have the degree or license required for the new job. If the job requires a bachelor’s degree in engineering, you must have that degree.
• If you do not have the required qualifications, your petition will be denied.

Example:
Carlos, a Mexican citizen, is offered a TN job as a civil engineer. He has a bachelor’s degree in architecture, not engineering. He does not qualify for the TN civil engineer position.

5. U.S. Employer or Entity

• The new employer must be a U.S. company or organization. You cannot be self-employed or work for a foreign company that simply has a presence in the U.S. without a real employer-employee relationship.
• The employer must provide a detailed offer letter explaining your job duties, salary, and how long you will work.

6. Filing Form I-129 and Waiting for Approval

• The new employer must file a Petition for a Nonimmigrant Worker (Form I-129) with USCIS.
• You cannot start working for the new employer until USCIS approves the petition.
• If you start working before approval, you will be out of status and could face serious immigration problems.

Step-by-Step Process: How to Change Employers as a TN Visa Holder

There are two main ways to change employers as a TN visa holder:

Option 1: Change Employer from Within the U.S. (Filing Form I-129)

1. New Employer Files Form I-129:
   The new employer completes and submits Form I-129 to USCIS, asking for a change of employer for you as a TN visa holder.

2. Gather and Submit Supporting Documents:
   The petition must include:

   • A detailed job offer letter (explaining job duties, salary, and employment period)
   • Proof the job is a USMCA profession
   • Evidence of your qualifications (degrees, licenses)
   • Copies of your current TN approval notice, I-94, and recent pay stubs

1. Wait for USCIS Approval:
   You must wait until USCIS approves the petition before you can start working for the new employer.
   • Premium processing is available for Form I-129, which means you can pay an extra fee to get a decision in as little as 15 calendar days.
2. Start Work with the New Employer:
   Once you receive approval, you can begin working for the new employer without leaving the U.S.

Option 2: Change Employer by Leaving the U.S. and Reapplying

1. Leave the United States 🇺🇸:
   You exit the country.

2. Apply for New TN Admission:

   • Canadian citizens: Apply for TN status at a U.S. port of entry or preclearance location with your new job offer letter and supporting documents.
   • Mexican citizens: Apply for a new TN visa at a U.S. consulate abroad, then reenter the U.S. with the new visa and job offer.
3. Present Required Documents:
   Show proof of your qualifications, the job offer, and pay any required fees.

4. Reenter and Start Work:
   Once approved, you reenter the U.S. and start working for the new employer.

Disqualifying Factors: When You Cannot Change Employers

You will not be able to change employers as a TN visa holder if:

• You are not a citizen of Canada 🇨🇦 or Mexico 🇲🇽.
• Your new job is not a USMCA-listed profession.
• You do not meet the education or licensing requirements for the new job.
• The new employer is not a U.S. company or does not have a real employer-employee relationship with you.
• You try to start working for the new employer before USCIS approves your Form I-129.
• You are self-employed or working for a foreign employer without a formal U.S. employer-employee relationship.
• You are out of status or have violated the terms of your TN visa.

Example:
If you are a Canadian TN visa holder working as a software engineer and you want to start your own consulting business, you cannot do this under TN status. Self-employment is not allowed.

Alternative Options If You Are Not Eligible

If you do not qualify to change employers under TN status, you may have other options:

• Apply for a different type of work visa (such as H-1B, if you qualify and the employer is willing to sponsor you).
• Return to your home country and apply for a new TN visa with a new employer.
• Seek legal advice from an immigration attorney to explore other possible visa categories or solutions.

How to Improve Your Chances of Approval

• Make sure your new job is clearly listed under the USMCA professions.
  If you’re not sure, check the official USCIS TN NAFTA Professionals list.
• Gather all required documents before applying.
  Missing paperwork is a common reason for delays or denials.
• Ask your new employer to write a detailed offer letter.
  The letter should explain your job duties, how long you’ll work, your salary, and how your job fits the USMCA list.
• Double-check your qualifications.
  Make sure your degrees or licenses match the requirements for the job.
• Consider premium processing for faster results.
  If you need to start work quickly, premium processing can speed up the decision on your Form I-129.
• Do not start work until you have official approval from USCIS.
  Starting work too soon can cause you to lose your status and make it harder to get approved in the future.

Special Notes and Common Questions

• Can I transfer to a different location with the same employer?
  If it’s the same company (not a separate affiliate or subsidiary), you do not need a new petition. If it’s a different legal entity, you must file a new Form I-129.
• What if my job duties change?
  Any big change in your job duties, title, or location (to a different company) means you need a new petition.
• Can I have more than one employer?
  Yes, but each employer must file a separate Form I-129, and you must wait for approval before working for each one.

Recent Policy Updates and Why They Matter

In June 2025, USCIS updated its rules to make things clearer and to match the standards used at the border. Now, the TN visa is strictly tied to your specific employer, job title, and job duties. Any big change means you need a new application. The updates also make it clear that self-employment and working for foreign employers are not allowed.

Employers now have to provide more detailed offer letters and proof that the job fits the USMCA list. This means more paperwork, but it also helps avoid mistakes that could lead to denials.

According to analysis by VisaVerge.com, these changes help prevent misuse of the TN visa but also mean that both employers and workers need to be extra careful with their paperwork and timing.

Official Resources and Where to Get Help

• USCIS Form I-129 and Instructions: For filing a Petition for a Nonimmigrant Worker.
• USCIS TN NAFTA Professionals Page: For the list of eligible professions and requirements.
• U.S. Department of State – TN Visas: For information on applying at consulates (especially for Mexican citizens).
• U.S. Customs and Border Protection (CBP): For information on applying at the border (for Canadians).

Summary Table: Changing Employers as a TN Visa Holder

Key Takeaways and Next Steps

• TN visa holders can change employers in the U.S. by following strict USCIS rules.
• You must have a new job offer in a USMCA profession, meet all qualifications, and have a U.S. employer file Form I-129.
• You cannot start work with the new employer until you have official USCIS approval.
• If you don’t qualify, look into other visa options or consult an immigration attorney.
• Careful planning and complete paperwork are the best ways to improve your chances of approval.

For more details and the latest updates, always check the official USCIS TN NAFTA Professionals page and consult with your employer or a qualified immigration attorney if you have questions about your specific situation.

Learn Today

TN Visa → A temporary work visa under USMCA for Canadian and Mexican professionals working in the U.S.
USMCA → United States-Mexico-Canada Agreement that defines eligible TN visa professions and regulations.
Form I-129 → USCIS form used by employers to petition for a nonimmigrant worker, including TN status changes.
Premium Processing → Optional USCIS service to expedite Form I-129 decisions in approximately 15 calendar days.
Petition Approval → USCIS’s official authorization allowing TN visa holders to start working for the new employer legally.

This Article in a Nutshell

TN visa holders can legally change employers in the U.S. by following USCIS rules, filing Form I-129, and waiting for approval to maintain status.
— By VisaVerge.com