Is there ‘Portability’ of the TN like in the H-1B?

The TN visa is a valuable tool for professionals from Mexico and Canada who wish to work in the United States, but the rules governing it are quite specific. These characteristics determine, for example, that the TN visa is tied to an employer and a pre-established job offer, which raises some questions when comparing this regime to the H-1B, which has the functionality known as ”portability”.

Regarding the portability of the TN visa, it is important to highlight that, unlike the flexibility the H-1B may offer for job changes while the worker awaits the approval of a new petition, the TN does not have an equivalent mechanism. This means that if a professional with TN status wishes to change employers, it will be necessary to apply for a new work authorization.

In operations of this nature, there is no ”automatic transfer” that allows work without the new petition being approved or without initiating a new process. Thus, the professional must first obtain the new qualification with the new employer so that their status is maintained legally.

This difference emphasizes the importance of always being attentive to United States immigration rules and ensuring that any change in employment status is performed within legal parameters. Seeking guidance from specialized professionals – without promising guaranteed results – is essential to avoid complications and potential issues with immigration authorities. Interested parties should avoid offers promising quick results and miracle solutions, as entry and stay in the country depend on strict compliance with established regulations.

In short, although the TN visa is an excellent opportunity for many professionals, every employer change will require a new process with the responsible authorities, unlike the H-1B where portability can facilitate job transitions. Staying informed and acting within the rules is always the best path to follow.

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.