TN Visa - working for a new employer

Hello - I was recently given a 1 year TN visa to work in the US. I understand that I am only allowed to work for the specific company that offered me the position but I am wondering if the position we...

Canadian Expatriate and Travellers Forum Index -> Canadians in the USA -> US Visas and Immigration

Author Message

Vancouver to NYC
New Member

Joined: 05 Jun 2008
Posts: 9
Location: Vancouver

Posted: Sun Aug 10, 2008 8:17 pm

Hello - I was recently given a 1 year TN visa to work in the US. I understand that I am only allowed to work for the specific company that offered me the position but I am wondering if the position were to end prematurely what is the risk in me applying to another company and working for them for the remaining duration of my TN? I have a Social Security Number and will be paying taxes - so I don't see why this would be an issue, but I would like clarification on the repocautions.

Your expertise is very much appreciated.

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Sun Aug 10, 2008 9:40 pm

It's illegal. If you're asking whether you'll get caught or not it's impossible to say because we're not ICE. However if the employer uses the SSA E-verify system and the SSA did their job properly when they issued you your SSN, any new employer will know you are not authorized to work for them. There are three States that require employers to use E-verify, Arizona is the main one (I think New Mexico and Connecticut are the other two but check). Illinois specifically banned employers from using it (there are also a number of municipalities in CT and CA that require the use of it).

If your SSN card says: "Not valid for employment without DHS approval" or something like that on it, when you fill in the I-9 when you start work the employer is not supposed to employ you unless you also show them an EAD. Which you won't have in TN-1.
_________________
Steve.

Vancouver to NYC
New Member

Joined: 05 Jun 2008
Posts: 9
Location: Vancouver

Posted: Mon Aug 11, 2008 6:22 pm

Thank you for the information - good to know. I will definitely return to Canada and apply for another TN should my position end prematurely.

Do you know if it would be more difficult or easier to receive a second TN in this scenario?.And is there a way for citizens to check what their SSN says? i.e. "Not valid for employment without DHS approval" etc.

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Tue Aug 12, 2008 9:55 am

It will actually be printed on the card in most cases. If you want to check you can stand in line all day at the SSA to get the information from them or you can do a Privacy Act request for personal information held by the SSA by mail.

If you have a restricted SSN card you should always go to the local SSA office when you enter the US with your new paperwork to get the information in their computer updated. The US Govt. is strongly encouraging employers to use E-verify and has just required all companies with Federal contracts to use it so this is only going to become more of an issue as time passes.
_________________
Steve.

Vancouver to NYC
New Member

Joined: 05 Jun 2008
Posts: 9
Location: Vancouver

Posted: Wed Aug 20, 2008 6:59 pm

Hi Steve - thank you again for all the information. Another quick question - does US immigration, at the port of entry, have on file the company name that TN holders are working for?

The reason I ask is -

I would like to know the process if the original TN position were to end prior to the 1-year term and if the TN holder were to get a new offer - does the individual have to go to another port of entry (i.e. leave the US and re-enter) and apply again through US immigration with a new letter?

OR

Does the individual simply go to the local Social Security office in the US city they currently reside and tell them of the new employer to update the records?

Obviously it would be much less costly and time consuming to visit the local office, however is that sufficient? Or is it absolutely required to leave the country and re-enter?

And what is the best explanation to a position ending prematurely?

Thank you

voyager6868
CanuckAbroad Regular

Joined: 13 Apr 2008
Posts: 57
Location: Waterloo

Posted: Wed Aug 20, 2008 7:52 pm

Obviously you need to get a new TN. Otherwise, you could, for example, start off working as a Computer Systems Analyst with a valid TN, and then decide to quit and become a salesman at BestBuy. The problem is that the typical retail job is not a valid TN position.

In short, customs has to re-assess whether your new job is valid for TN status and whether your qualifications closely match you new job duties.

Steven
CanuckAbroad VIP

Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Wed Aug 20, 2008 8:54 pm

SSA will want to see the paperwork you used to get your TN-1 and the valid I-94 in order to re-authorize your SSN.

They don't know who you're working for but your employer does obviously and the law requires them to verify you are authorized to work for them. In reality this check is usually quite sloppy, however it should be clear if you present your SSN card to the employer when you fill in the I-9 that you require work authorization if it says that on your SSN card.

Also if they use E-verify that system is supposed to tell them whether they can employ you.
_________________
Steve.