If you are a TN visa holder, your employment is tied to your status, which makes losing your job a daunting prospect. Losing your job can be difficult in any situation, but for TN visa holders, it can have significant legal consequences. In this ultimate guide, we will discuss everything you need to know about TN visa layoffs, including whether you can stay in the United States after losing your job, what steps to take to protect your status, and alternatives to consider if you are laid off.

Key Takeaways

Before we dive in, here are some of the main takeaways from this ultimate guide to TN visa layoffs:

• If you are a TN visa holder and are laid off, your status becomes invalid immediately upon termination of your employment contract.
• You have a grace period of 10 days to either secure a new job or file for a change of status.
• You may be eligible for unemployment benefits if you are laid off, but this may have consequences for your status.
• There are alternatives such as the H-1B visa or an adjustment of status to permanent residency that may be considered if you are laid off and wish to remain in the United States.

What is a TN visa?

A TN visa is a nonimmigrant visa that allows Canadian and Mexican citizens to work in the United States in certain professional occupations. It is only available to citizens of Canada and Mexico, and it is not open to other nationalities.

What happens if you are laid off while on a TN visa?

If you are laid off while on a TN visa, your status becomes invalid immediately upon termination of your employment contract. This means that you must leave the United States or take steps to change your status promptly.

Can you stay in the United States after you are laid off?

If you are laid off and do not take any further action, you must leave the United States immediately, or you will be considered to be in the country unlawfully. However, you have a grace period of 10 days after the termination of your employment contract to either secure a new job or file for a change of status.

What are the consequences of an invalid TN visa status?

If your TN visa status becomes invalid, you risk being considered by the Department of Homeland Security as having violated your immigration status. This could lead to being barred from entering the United States in the future or even deportation.

Can you apply for unemployment benefits if you are laid off while on a TN visa?

Yes, you may be eligible for unemployment benefits if you have been laid off. However, this could potentially impact your immigration status, and it is best to consult an immigration attorney before applying for unemployment benefits.

Can you switch from TN visa status to another visa status if you lose your job?

Yes, you can apply to change your status from TN to another visa status that you are eligible for, such as the H-1B visa. However, an application to adjust your status to a new visa type must be submitted within the grace period of 10 days from the date of termination of your employment.

What are the alternatives if you cannot find a new job before the grace period ends?

If you are not able to secure a new job within the 10-day grace period, you may consider applying for an adjustment of status to permanent residency, known as a green card. This is a complex process that requires expert legal assistance, and it may take several years to complete.

Conclusion

Losing your job is always difficult, but it can be especially challenging for TN visa holders. If you are laid off, your status becomes invalid immediately upon termination of your employment contract. This means you must leave the United States, or you risk being considered in the country unlawfully. However, if you apply for a change of status or for another visa, such as the H-1B visa or adjust your status to permanent residency, you may be able to remain in the country legally.

Useful FAQ

Can I travel outside the United States after losing my job while on a TN visa?

Yes, you can travel outside the United States after losing your job. However, you will need to be mindful of the grace period, and it is crucial to consult an immigration attorney before leaving the country to ensure that you follow all necessary steps to protect your status.

Can I start a business while on a TN visa?

No, you cannot start a business while on a TN visa. TN visa holders can only work in the specific field they were sponsored for by their employer. If you wish to start a business, you may consider applying for a different visa category, such as the E-2 visa or the EB-5 visa.

Can I work for multiple employers while on a TN visa?

No, TN visa holders can only work for the employer who sponsors their visa. If you want to change employers, you must get a new TN visa through your new employer.