If you are a Canadian citizen offered TN employment by a new employer, there are two main ways to change your TN employer while in the United States:
1. Filing Through USCIS
If you prefer not to leave the United States, your new employer can file a TN change-of-employer petition with USCIS. Due to processing times, the employer will likely opt for premium processing, which provides a decision within 15 business days (regular processing may take three to four months). If approved, you will receive an I-797 Notice of Action, which will specify the approval of your TN employment and the duration of the authorization.
2. Applying at a Port-of-Entry
Alternatively, you can apply at a port-of-entry, which requires leaving the United States and immediately re-entering to submit your petition. Unlike the USCIS option, where copies of supporting documents are accepted, you must bring original documents, including your diploma, transcript, and other supporting materials. During this process, you will be interviewed about your qualifications and the new job. If approved, you will receive a passport stamp indicating your TN status approval date and expiration date. Upon re-entry, always check your I-94 to ensure your status and expiration date are accurate.
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Please note that this is general legal information, not specific legal advice. Reading this information does not create a lawyer-client relationship. However, if you need assistance with your case, feel free to contact me, and I would be happy to represent you.
Last Updated on February 16, 2025 by Ernest J. Edwards
