Do I need a new TN after company merge?

Hi,

I appreciate if someone can clarify my question.

I am working for a company A under TN status. Company A is going to be acquired/merged with company B, and after merge, we will be called company B, and my paycheck will come from company B.

Meanwhile my job duties will not change, and I will still be working on the same projects as before.

Do I need to go to the border to apply for a new TN under the name company B? My curret TN is valid until the end of August.

Thanks
TM

I would not bother about it. Every time you go get a new TN-1 you are exposing yourself to abuse and denial, especially these days. You are still working for the company that you got a TN-1 visa for. It changed name half the way through the TN-1 term, but it is still the same company. Your paycheques' year-to-date earnings will not start from zero again, it will continue from the begining of the year. In any case, it is very unlikely that it will come up the next time you go to get a TN-1 visa. If you are concerned about it, you can phone a US-Canada US border crossing from a payphone and ask them.

Legally it boils down to whether your W-2 is coming from an employer with the same EIN. If your payroll is actually being transferred to another employer with another EIN then technically you're supposed to re-apply.

With TN-1 though these things have rarely if ever been tested in court (i.e. it's a grey area) and given you've only got a few months left I'm not sure I would get that excited about it. Regardless you've got to re-apply and this time it will be valid for three years if your job offer letter says that, so you either re-apply now or re-apply a few months from now, whatever makes you happy really. There's no legal requirement with TN-1 for your employer to notify USCIS of the change of employer (if in fact there is one, which appears to me to be a bit of a grey area).

Until you actually get your payslip after the merger you won't even know if the EIN has changed.

Thanks for the responses.

I am thinking about going to the border to get a new TN, just to be safe.

My daughter is on TD, do I need to take her to the border with me? Can I request a change by mail when I get my new TN, like the way I did the mail-in extension for her TD?

Her status expires when your status expires, in theory you could do it separately but in reality the amount of time it takes to process the paperwork makes it impractical, so it's a double re-entry.

Another option is that she could stay in Canada for a few days if she wants a vacation and enter later. Needs proof of your status (copy of the new I-94) and proof of the relationship (birth certificate).