Can TNs Work for Multiple Concurrent Employers?

Under the North American Free Trade Agreement (NAFTA), certain Canadian and Mexican professionals are allowed to enter the U.S. under the TN nonimmigrant classification to engage in certain TN-eligible occupations. A common question we get in our office is whether TN workers can work for multiple concurrent employers in the United States and, if so, what is the best way to do so.    This is certainly permitted and is a viable option for many TN workers for as long as the proper admission and procedural requirements are met.

TN Occupations and Admission Requirements

Most importantly,  not all positions allow TN admission for Canadian or Mexican citizens.  To be eligible for TN, a Canadian or Mexican citizen must have an offer of employment in a specific position.   Please see the list of TN-eligible occupations.

It is important to note that requirements for admission of Canadian and Mexican TN workers into the U.S. vary.   While a Canadian citizen TN worker may apply for TN classification at the border,   a Mexican TN worker must first obtain a TN visa at a U.S. Consulate.     After obtaining a TN visa from the Consulate, a Mexican citizen may apply for admission in TN status at a U.S. Class A port-of-entry, at a U.S. airport handling international traffic, or at a U.S. pre-clearance/pre-flight station.      For both Canadian and Mexican TN workers who are in the U.S., there is always the option to apply for a change of status to TN without having to travel abroad.

Canadian TN Working for Multiple Employers 

According to the Customs and Border Protection (CBP),  Canadian TN applicants applying at a Port of Entry (POE) for admission in order to bring for multiple TN employers should bring a TN support letter from all of the TN employers for whom he/she will be working in the U.S.

When Traveling by Land.  CBP will issue an I-94 admission record with the names of the different employers annotated on the back of the document.  CBP has advised that if there is not enough room on a single I-94 document, additional I-94s will be issued to accommodate the names of all of the TN employers.  Where multiple I-94s are issued, CBP will put the same I-94 number on each I-94 card and CBP will also update the electronic I-94 system to reflect all employers for whom the TN is authorized to work.   The TN will be authorized to work for all employers listed in the electronic system, even if on subsequent trips he or she is issued only a single I-94.

When Traveling by Air.   CBP will list the names of all employers in the electronic I-94 system. The TN should download the electronic I-94 after entry.

Port of Entry Fees: TN applicants will pay the $50 filing fee only one time, regardless of the number of employers. The $6 I-94 fee will also be paid only one time, unless multiple I-94s are issued at a land POE, in which case the TN must pay $6 for each I-94.    If a TN worker has one employer but wishes to add another TN employer during a subsequent US entry, they will need to add the concurrent TN employer during a subsequent entry but they will need to pay the $50 filing fee plus $6 I-94 fee separately.

Adding Concurrent TN Employment from Within the US.  It is possible to add a concurrent TN employer from within the US and without having to travel outside of the U.S.  This is done by filing a Form I-129 concurrent TN petition with USCIS.    Note that such petition will reflect and permit employment while the TN worker is in the U.S.   If/when the TN worker travels abroad,  they will need to follow the CBP port of entry admission procedure outlined above.

Mexican TN Working for Multiple Employers 

As noted, Mexican TN workers must first apply for a TN visa stamp at a US Consulate before they travel to the U.S.  Mexican TN applicants working for multiple employers must typically present this information to the consulate when applying for a visa. The Department of State (DOS) should endorse the TN visa stamp to reflect the names of approved employers.

According to CBP, Mexican TN applicants who are in possession of a valid TN visa stamp endorsed for only one employer may present TN application letters at the port of entry when entering the US to add new, concurrent employers.   This process is the same for land and air entries.    Similarly, CBP has confirmed that Mexican citizens in possession of a valid TN visa stamp may change employers by departing the U.S. and seeking reentry at a port of entry using the existing TN visa stamp endorsed for the original employer, together with a TN application letter from the new employer.   CBP will charge $50 plus a $6 I-94 fee to adjudicate the new TN application.

As an alternative option, Mexican citizens holding a valid TN visa stamp, and for whom an I-129 petition is filed and approved while he or she in the U.S., may add concurrent employers or change employers by appearing at a port of entry and presenting the I-129 approval notice and visa without going to the consulate for a new visa. The petitioner(s) on the I-129 petition(s) need not be the same petitioner(s) endorsed on the visa.

Conclusion

Even though there is a difference in the way Canadian and Mexican workers can add additional concurrent TN employers,  doing so is an option which, in many cases, can be very quick and efficient.    As a reminder, each proposed additional TN employment must meet the TN requirements independently.

Our office routinely handles Canadian and Mexican TN worker applications and we are happy to assist with the preparation of proper TN visa application and admission paperwork.    Please feel free to contact us for assistance or with questions.  We also invite you to subscribe to our free weekly immigration newsletter to receive timely updates on this and related topics.