Learn how to work for two employers in the U.S. on a TN visa – steps and best practices. Explore what you need to do to successfully have multiple employers with a TN visa.
TN visa holders are permitted to work for multiple employers, as long as each employer has filed a petition. To work for two employers, the prospective employee needs to work with each employer to have a petition filed with United States Citizenship and Immigration Services (USCIS).
Both the petitions must detail the type of job, pay, and employer’s contact information. Then the employee will be required to include two separate petitions when presenting their TN visa application to U.S. Customs and Border Protection at the port of entry. The employee’s passport will be endorsed for each employer and the employee will need to present both employer stamps upon entry to the United States for subsequent visits.
What is a TN Visa?
A TN Visa is a non-immigrant visa granted to Mexican and Canadian citizens, which allows them to work in the US for a specific period of time. It is specifically designed to provide work authorization and employment in the US to individuals who are nationals of both countries. To be eligible for the visa, an applicant must possess certain skills, qualifications and work experience in specific occupations.
To obtain the visa, the applicant must submit an application package to the US Embassy and provide supporting documents including an offer of employment from a US company, proof of qualifications and a letter from the employer attesting to the applicant’s status as a professional worker. The visa is generally valid for up to three years and is renewable.
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Can you have a side job with a TN visa?
Yes, you can have a side job with a TN visa. Side jobs, also called “moonlighting,” are generally allowed. TN visa holders should pay attention to their employer’s labor policies regarding moonlighting and be sure to follow them. They should also thoroughly research the IRS requirements for additional income.
Depending on the type of additional job, you may need to apply for additional permissions from the U.S. Citizenship and Immigration Services (USCIS). Regardless of whether it is a side job or a primary job, it is recommended that TN visa holders file taxes each year and properly report the income of all employment to the IRS.
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Can a TN visa holder work for any employer?
No, a TN visa holder cannot work for any employer. TN visa holders are only allowed to work within the specific profession listed on their visa. Additionally, the employer must have first offered and obtained a Labor Condition Application (LCA) from the Department of Labor. The employer must also provide the foreign national a salary and working conditions that meet the local labor standards. The TN visa holder must also continue to satisfy the specific requirements needed to maintain that visa.
Do you need to cancel your TN visa when switching jobs?
Yes, you do need to cancel your TN visa when switching jobs. When changing jobs, the new employer is mandated to submit an I-129 petition for a new TN visa. As only one TN visa is allotted per job, any existing TN visa must be canceled.
There are two ways to cancel your TN Visa:
1) Consular Processing: Contact the U.S. consulate of your home country and request to have your visa canceled.
2) Change of Status: Complete Form I-539 and pay the applicable fee to the USCIS by mail. After your application is processed and approved, your TN visa will be officially canceled.
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Can you work part time on a TN visa?
Yes, it is possible to work part-time on a TN visa. To qualify for a TN visa, applicants must prove that they are applying for a job as a skilled professional in an eligible profession and have certain credentials which show that their job requires highly specialized knowledge. Additionally, the TN visa applicant must have an offer of employment from a US employer. However, the approval of a TN visa does not guarantee that an employee will work full-time with the US employer. Part-time work is allowed and many times, TN visa workers prefer to work part-time.
Upon approval, a TN visa holder can work part-time with the same US employer, provided that the US employer agrees and that the balance of the worker’s duties fits the requirements of the specific TN visa classification that he or she holds. The number of work hours and days is typically determined by the employer.
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