This article discusses the most frequently asked questions regarding TN visa employment termination, layoffs and quitting your job.
If you have been terminated, lost your job, been laid off, or simply want to quit your TN visa employment, then you need to know what happens to your status, what options do you have to stay in the US and how much grace period do you have to find a solution.
If this situation affects you, this article explores the consequences of employment termination and layoffs with TN visa.
What is TN visa?
The TN visa allows Canadian or Mexican citizens with a pre-arranged U.S. job offer in a NAFTA profession to work in the United States.
To qualify, you must be a Canadian or Mexican citizen possessing the necessary experience or education in a NAFTA profession for which you have a job offer from a US employer. The job offer can be for part-time or full-time employment. To learn more, visit our TN visa – Requirements, Eligibility and Application Period. For professions, visit NAFTA professions list.
TN visa is valid for three years and renewable indefinitely.
Job Loss on TN visa: What You Need to Know
Unlike the L1 visa, the TN visa is not tied to a specific employer. This means you have flexibility and security when it comes to losing or quitting your job on a TN visa.
If you have lost your job, you can seek another part-time or full-time job with another employer. You do not need to depart the United States immediately.
The U.S. Citizenship and Immigration Services (USCIS) provides a grace period when losing or quitting a job on a TN visa allowing you to manage interruptions in your TN employment. To learn how to change your job or employer on a TN visa, visit TN visa change of employer.
However, it is important to understand the implications of job loss on a TN visa:
TN visa employment termination: Layoff and quit job grace period
Regardless of the reason, if your TN visa employment terminated, you have 60 days grace period from the last day of employment, or up until the expiration date on your I-94 record, whichever comes first, to stay in the United States. You can retrieve your I94 record here.
This grace period is not an extension to work.
The 60-days grace period for TN visa layoffs, quitting jobs and employment termination can be used only once during each TN visa validity.
You are not allowed to work during the TN visa grace period, unless otherwise authorized. The prohibition to work during TN visa grace period applies regardless of the reason for termination.
Options during grace period
During this 60-day grace period, you have few options:
TN visa employment termination and layoffs: Notification
When your employer terminates your TN employment or you quit your job with TN visa, the employer is not required to provide a notification of TN visa termination to USCIS or offer to pay you a plane ticket back home.
Employers, in some cases, may notify USCIS and the consulate that issued the TN visa of the employment termination.
In case of termination, your employer will likely give you a written notice of employment termination.
After leaving the company, you are in grace period and no longer eligible to work under the terms of your TN visa. However, you just need to find a new employer to hire you in one of the NAFTA professions. Remember that changing employers on a TN visa is easier than with L1 visa.
To change your TN employer and transfer to another company, visit our TN visa change of employer.
TN visa employment termination and layoffs: Impact on green card
Finally, if your TN company was in the process of sponsoring you the green card to become a permanent resident, losing your TN visa job and leaving the company can also affect your green card application. This applies to all employer-sponsored green card categories, including EB-1C, EB-1B, and PERM EB-2 and EB-3.
However, there might still be hope. If you are already far along in the green card process, you may be able to have another US employer take over the sponsorship.
If you are facing an TN visa employment termination or layoff and have a pending green card application, consult an immigration lawyer immediately to discuss your options.
Can I stay in the US after my TN employment terminates?
Yes. Even if you lose or quit your TN job, you do not have to depart the United States right away because you have a grace period.
You can stay in the US after your TN visa employment terminates until the end of your grace period, provided that you do not find another alternative to remain in the US.
If you find a way to qualify for a different visa status during this grace period (options discussed below), you may be able to remain in the United States beyond the grace period.
What are my options after TN visa termination and Layoffs?
Even if your TN visa employment ends, you have the following options to remain in the United States:
TN visa for new employer (Canada & Mexico only)
E2 investor visa
E1/E2 employee visa
L1 Visa
F1 student visa
E-3 visa (Australians only)
EB-1A green card
EB-5 green card
EB-2 NIW green card
Malescu Law can assist
These are some of the most viable options for TN visa employment termination and layoffs. However, there may be other visa options available for you depending on individual circumstances. Some of these visas include EB-1C, marriage and family based green cards and others.
If you need assistance from a highly competent US immigration lawyer to find a solution to stay in the US following your termination contact us or schedule an appointment.
We serve individuals and companies throughout the United States across all 50 states, the District of Columbia and Puerto Rico.
Legal Notice: Copyright. The information provided in this article constitutes the author’s conclusions and opinions developed in the author’s capacity as a Board Certified attorney, licensed in the State of Florida. The author and this website expressly prohibit the use of this material, including any of our audio, video, chat, images, text or other information provided to train any artificial intelligence (AI) models or to be used or transmitted by such AI models in any form without the prior written permission of the author.
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