Can my company transfer me from TN to L-1?

When a company wishes to transfer an employee from a TN visa to an L-1, it is essential to understand that these are visa categories with distinct requirements and different purposes. The TN visa, available to Canadian and Mexican citizens in certain professions under the USMCA (formerly NAFTA), facilitates temporary entry for specific work.

The L-1 visa, on the other hand, is intended for the transfer of executives, managers, or employees with specialized knowledge from a foreign company to one of its subsidiaries or affiliates in the United States. For a transition from TN to L-1 to be feasible, both the employee and the company must meet a series of specific requirements. For example, the employee needs to have performed essential duties at the foreign company for at least one year within the three years preceding the transfer.

Additionally, the position in the United States must fit within the categories of executive, manager, or specialized knowledge, according to established guidelines. It is also worth emphasizing that each status change process aims to comply with United States immigration laws. Any attempt to transfer without meeting all the criteria can result in legal complications or even denial of the L-1 visa.

Therefore, it is highly recommended that the company and the employee carefully analyze all the necessary conditions and documentation before starting the procedure. In situations like this, it is wise to seek guidance from professionals specialized in immigration. Consulting specialists helps avoid scams, frauds, or marketing campaigns that promise results without proper analysis of requirements and current laws.

Thus, the chosen strategy will be more solid and suitable to the reality of each case. Therefore, although it is possible for a company to transfer an employee from a TN visa to an L-1, this process requires careful evaluation of the specific criteria of each visa and strict compliance with American regulations. Monitoring by qualified professionals is fundamental to ensure that all steps comply with the legislation and that risks are minimized.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.