TN Visa Employment Termination and Layoffs

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:

Work Authorization: Your TN visa allows you to work for the employer annotated on your TN visa. If you lose your job, you lose your authorization to work for that company.
Grace Period: You have a grace period after your employment ends to explore few options or fine a new job or employer.

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.

Under the TN visa regulation, 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:

Find a new TN visa employer: You can search for a new US employer who can sponsor you for a TN visa in a qualifying profession.
Change your immigration status: If eligible, you may be able to apply for a different visa category such as E2 investor visa for Canadian and Mexican citizens and their employees, L-1 visa for Canadians, L-1 visa for Mexican citizens, E-1 trader visa, B1/B2 visitor, F-1 student and others.
Adjustment of status to permanent resident: If you have a basis to file for adjustment of status through marriage to a U.S. citizen or permanent resident, or through employment-based sponsorship, including concurrent filing with petitions like EB-1 (including EB-1C), EB-2 NIW (National Interest Waiver), or EB-5, EB-5 for Canadians (investment-based green card).
Depart the United States: If you do not pursue any of the above options, you must leave the United States by the end of the grace period.

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)

TN visa for new employer. You can change employer on an TN visa and transfer to another company. You need a new job offer from a US employer to fill a NAFTA professional position in the United States but the process is simpler than the H-1B visa. Most TN professions require either bachelor’s degree or a combination of degree and experience. Only few professions allow experience in lieu of education.

E2 investor visa

E2 investor visa. Canada and Mexico are E2 treaty countries. You can invest in a US business and apply for an E2 investor visa. With an E2 visa, you can start or buy a business or franchise in the United States. There is no minimum investment required, but expect to invest at least $50,000. Your spouse and children qualify for E2 dependent visas. With an E2 visa, spouses can work in the United States. You can change status to E2 within the US or apply at US Consulate or Embassy abroad. To find out more information about the E2 visa, visit E2 visa requirements, eligibility and benefits. For Canadian citizens, visit E2 visa for Canadians to learn more.

E1/E2 employee visa

E1/E2 employee visa. You can find another employer which is an E2 business owned by a citizen of the same treaty country as you (Canada or Mexico). Both you and the E2 company’s owner must share citizenship from the same treaty country to qualify for E2 employee visa. You can change status to E2 within the US or apply at US Consulate or Embassy abroad. To find out more, visit E2 visa for employees.

L1 Visa

L1 visa. You can change employer and transfer to another company as long you meet the L1 visa requirements. The employer must file an L1 petition on Form I-129 with USCIS, requesting a change of status on your behalf. You can only start working with the new company after USCIS approves the change of status. Canadian citizens enjoy an easier application process. To learn more, visit L1 visa for Canadians.

F1 student visa

F1 student visa. You can pursue a degree in the United States on an F1 student visa. You can change status to F1 within the US or apply at US Consulate or Embassy abroad. However, you cannot start your program until you obtain your F1. Canadian citizens can apply for F1 visa at a port of entry.

E-3 visa (Australians only)

E-3 visa (Australians only). If you are a citizen of Australia, you can apply for E-3 visa. You need an offer from a US employer to work in a specialty occupation requiring at least a bachelor’s degree. To qualify, you must possess a bachelor’s degree. The application process is simpler than for H-1B visa and there is no lottery. You can change status to E3 within the US or apply at US Consulate or Embassy abroad.

EB-1A green card

EB-1A green card (permanent residency). If you possess extraordinary ability in sciences, arts, education, business or athletics through sustained national or international acclaim, you may be able to qualify for EB-1A green card. Generally, you can file an EB-1A petition concurrent with an adjustment of status application because this category often has immigrant visas available at any time. USCIS offers premium processing of 45 days for EB-1A petitions.

EB-5 green card

EB5 green card. If you have the financial resources, you can obtain a green card though the EB5 immigrant investor program. The EB5 visa program offers two investment options depending on the location of your investment. In urban or low-unemployment areas (not considered Targeted Employment Areas or TEAs), the minimum investment is $1,050,000 in a US business or EB-5 Regional Center. However, if you invest in a project located in a high-unemployment or rural area (TEA), the minimum investment amount is reduced to $800,000. Currently, you can file an EB-5 petition and adjustment of status application at the same time because the government has prioritized this category and has made immigrant visas available at any time. USCIS does not offer premium processing for EB5 petitions. To find out more about the risks associated with the EB-5 visa, visit Is EB5 risky?.

EB-2 NIW green card

EB-2 NIW green card. If you possess a master’s degree (or a bachelor’s degree plus five years of progressive work experience) or exceptional ability in the sciences, arts or business, and you have a proposed endeavor that has substantial merit and national importance, you can self-petition in the EB2 NIW to become a permanent resident of the United States. USCIS offers premium processing of 45 days for EB2NIW petitions.

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.

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