Employer Obligations for TN Visa Holders: What U.S. Companies Need to Know

Employer Obligations for TN Visa Holders: What U.S. Companies Need to Know

Whether you’re an employer hiring a professional from Canada or Mexico under the TN program, or a worker hoping to make the process smooth, understanding these requirements helps avoid delays and confusion. This guide will go over the essentials of what employers need to know before hiring a candidate with TN visa status. 

At Sisu Legal, we regularly help TN visa applicants and their employers navigate this process efficiently, ensuring compliance with U.S. immigration law while keeping it simple and stress-free.

What is the TN Visa?

The TN visa is a nonimmigrant work authorization created under the United States–Mexico–Canada Agreement (USMCA), formerly NAFTA. It allows certain professionals from Canada and Mexico, such as engineers, accountants, computer systems analysts, scientists, and teachers, to work temporarily in the U.S.

The visa is typically issued for up to three years at a time and can be renewed indefinitely, as long as the job remains temporary and meets the TN classification requirements.

Unlike other employment-based visas, the TN program was designed to be streamlined and employer-friendly, with fewer obligations and lower costs. Still, understanding what’s required helps protect both the company and the employee.

Employer Obligations: The Essentials

Employers hiring TN professionals don’t face the same strict rules as with visas like the H-1B, but there are a few key responsibilities to handle correctly. Here’s what matters most:

1. A Proper Job Offer or Support Letter

The employer must provide a written job offer letter confirming the position, duties, salary, and duration of employment. The letter also needs to show that the job falls under one of the USMCA’s approved professional categories. Normally, our office will draft the employer support letter on behalf of the employer, once we have a signed offer of employment. 

This letter is central to the TN visa application as it’s the document that U.S. border officers or USCIS review to confirm eligibility. Sisu Legal helps both employers and employees prepare this letter so it meets all immigration requirements while accurately reflecting the position.

2. Employment Verification (Form I-9)

Once the employee begins work, the company must complete the standard Form I-9 to verify employment authorization. The TN worker’s passport and Form I-94 serve as acceptable proof of legal status.

Sisu Legal often guides HR departments through this step, ensuring documentation is correctly completed and stored in case of a future audit.

3. No Labor Condition Application or Prevailing Wage Rules

Unlike the H-1B visa, TN employers don’t need to file a Labor Condition Application (LCA) or prove that they’re paying a prevailing wage. This saves significant time and cost.

However, employers should still offer fair, market-appropriate compensation. At Sisu Legal, we help clients draft offer letters that demonstrate good faith and avoid any red flags during review.

4. Extensions and Renewals

If the employer wishes to keep the TN employee after the initial period (up to three years), the company will need to provide an updated job offer letter or support letter for the renewal. Sisu Legal can handle the renewal filing and ensure consistency between applications, reducing the risk of denial.

5. Termination or Early End of Employment

If employment ends early, there’s no obligation for the employer to notify immigration authorities or pay relocation costs. However, communication and proper documentation are recommended to protect both sides.

Sisu Legal advises clients on how to handle early terminations smoothly while maintaining compliance with immigration and employment laws.

The Benefits of Working with Sisu Legal

Many employers and employees choose to work with Sisu Legal because we make the TN visa process clear, quick, and compliant. Our experienced immigration team provides:

  • Custom TN support letters tailored to your profession and the company’s needs
  • Strategic reviews of job descriptions to ensure they match approved TN categories
  • Guidance on renewals and transitions to other immigration pathways if needed
  • Direct communication with both employer and employee to avoid confusion or delays

Whether your company is hiring one TN professional or several, we can streamline every step, from offer letter to entry or renewal.

You can book a strategy session directly with us here: https://sisulegal.com/pages/booking-immigration-law-windsor-troy.

BONUS: Sample Email for Employees to Send to Their Employers explaining the basics of TN Visas

Below is a short, clear email template that employees can use to explain what their employer needs to do for a TN visa. It keeps the tone professional and simple, perfect for forwarding to HR or a hiring manager.

Subject: Information About Employer Obligations for TN Visa Employment

Dear [Employer’s Name],

I wanted to share a brief overview of what’s required from the company to support my TN visa employment. The TN visa is a temporary work authorization under the United States–Mexico–Canada Agreement (USMCA, formerly NAFTA), and employer obligations are quite straightforward.

1. Job Offer Letter


 The company must provide a letter confirming my job offer. This letter should include:

  • Job title and main duties
  • Salary or compensation details
  • Duration of employment (up to three years)
  • A statement that the position is temporary and fits a USMCA “professional” category
  • My qualifications for the role

I can share a sample format, or Sisu Legal can review or prepare the letter to ensure it meets all requirements.

 

2. I-9 Employment Verification


 Like all U.S. workers, I’ll need to complete the standard Form I-9. My TN visa approval and passport serve as proof of work authorization.

 

3. No Special Filings or Fees


 The TN visa does not require the company to file a Labor Condition Application (LCA), meet a “prevailing wage,” or pay government filing fees.

 

4. Extensions or Renewals


 If the company wants to extend my employment later, an updated offer letter will be needed. This process is quick and simple with Sisu Legal’s help.

 

5. Termination or Early End of Employment


 If employment ends early, there is no legal requirement to notify immigration authorities. Advance notice simply helps me plan next steps.

Thank you for your support! If you’d like assistance, Sisu Legal can provide templates or review the documents. You can schedule a short consultation here: https://sisulegal.com/pages/booking-immigration-law-windsor-troy

Best regards,
 [Employee’s Full Name]
 [Job Title / Position Offered]
 [Phone Number]
 [Email Address]

Legal Support for TN Visa Applications: 

Hiring or employing a TN visa holder doesn’t have to be complicated. Most obligations are straightforward, provide a valid job offer, complete an I-9, and ensure the role fits an approved profession.

By partnering with Sisu Legal, both employers and employees gain peace of mind knowing that every detail is handled correctly. From initial offers to renewals, our team ensures smooth communication and full compliance with U.S. immigration law.

If your company is considering hiring a professional from Canada or Mexico—or if you’re an employee preparing to apply—schedule your TN visa strategy session today:
 https://sisulegal.com/pages/booking-immigration-law-windsor-troy.

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