Are you a foreign national interested in working in the United States and wondering if you need sponsorship for your TN visa? If so, you’re not alone. Many job seekers who are considering a TN visa are unsure of the requirements and whether sponsorship will be necessary. In this article, we’ll provide you with the information you need to know to decide whether sponsorship is necessary for your TN visa application.
What is TN Visa Sponsorship?
Sponsorship refers to the act of an employer or U.S. citizen sponsoring a foreign national to work in the United States. In the context of the TN visa application process, sponsorship means that an employer must sponsor the TN visa applicant before they can apply for a TN visa. However, this is not always necessary, as we will discuss in the following section.
Who Needs TN Visa Sponsorship?
Whether you need TN visa sponsorship or not depends on a few factors, including your occupation and intended length of stay in the U.S. If you are a Canadian citizen seeking to work temporarily in a professional occupation in the United States under the North American Free Trade Agreement (NAFTA), you may not require sponsorship under certain circumstances. In addition to being a Canadian citizen, you must also:
- Have an offer of employment in a field designated under the NAFTA agreement
- Meet the qualifications for the job you have been offered
- Have a prearranged job with a U.S. employer
- Intend to work in the United States for a temporary period
Does TN Visa Require Sponsorship?
The answer to whether TN visa requires sponsorship is: it depends. Canadian citizens do not require sponsorship in certain circumstances, as discussed earlier. Mexican citizens, on the other hand, do require sponsorship for their TN visa applications.
All other foreign nationals, regardless of their country of origin, must obtain sponsorship to be eligible for a TN visa. If you fall under this category, you must have a U.S. employer file a petition on your behalf with U.S. Citizenship and Immigration Services (USCIS) to obtain approval for your TN visa.
How to Sponsor a TN Visa Applicant?
If you do require TN visa sponsorship, your employer must submit a petition to USCIS on your behalf. The petition should include the following:
- Supporting documentation validating the TN visa applicant’s education or credentials
- Letter from the U.S. employer detailing the job offer and how the applicant qualifies for the role
- Evidence of the relationship between the U.S. employer and TN visa applicant
Advantages and Disadvantages of TN Visa Sponsorship
While obtaining TN visa sponsorship may seem like an extra step, it can actually provide several benefits. For starters, a U.S. employer may be more inclined to hire and sponsor someone who is legally authorized to work in the United States. Sponsoring an employee can also improve their chances of receiving a favorable decision from USCIS.
The downside to TN visa sponsorship is that the process can be time-consuming and costly. The sponsoring employer must complete extensive paperwork and may also have to pay various fees related to the TN visa application process.
If you’re a Canadian citizen seeking to work temporarily in the U.S. under NAFTA, you may not require TN visa sponsorship. Mexican citizens, on the other hand, will always require sponsorship. For all other foreign nationals, TN visa sponsorship is necessary to obtain a TN visa. This requires a U.S. employer to file a petition on behalf of the TN visa applicant. While it may seem like an extra step, TN visa sponsorship can improve the chances of a favorable immigration decision from USCIS.
1. What happens if my TN visa application is denied?
If your TN visa application is denied, you may have options to appeal the decision or reapply at a later time. Your denial letter will also provide information on how to seek legal assistance to further your case.
2. Can I work for more than one employer on a TN visa?
Yes, you can work for more than one employer on a TN visa. However, each employer will need to file a separate petition for you with USCIS in order to sponsor you for a TN visa.