Canadian and Mexican citizens often apply for the Trade NAFTA (TN) visa to legally enter and be employed in the United States. The TN visa is a work visa, so those who intend to apply usually ask if they need a US employer to sponsor their visa petition, and if there are other specifications that are required of the employer.
When it comes to the TN visa, there is no need for a US employer to sponsor the foreign worker. The employer generally does not need to undertake significant efforts when hiring a TN visa applicant or holder. For instance, unlike with H-1B visa employees, the US employer is not required to file the TN visa petition, maintain extensive documentation, or file regular reports on their TN employee.
While sponsorship is not necessary, one of the crucial TN visa requirements to begin with is that the applicant must have a valid job offer from a US employer. The position should be one of the listed professional occupations for a TN visa. Each profession also has its own educational and experience requirements. For a full list of TN visa jobs and their qualifications, click here.
The job offer must be shown through documents such as a job offer letter or a contract from the US employer. To satisfy the scrutiny of visa officers, the foreign applicant will want to work with the employer in crafting an effective job offer letter. This should state that the foreign worker matches the company’s needs, and that the worker satisfies the position’s eligibility requirements.
It is also important to indicate the job’s target date of completion, as the TN visa is valid for only three years. The visa examiner will want to ensure that the foreigner will work in the US within that period only.
In sum, there is technically no requirement for an American employer to sponsor or assist a TN visa applicant. The applicant will only want the employer’s help in providing proof of the US job offer. This is a minimal effort for the employer and should not hinder them from working with the foreign professional.
If you are a TN visa hopeful trying to build a successful application, or if you are a US employer hoping to hire a TN visa applicant, consult with us at Richards & Jurusik for effective strategy. Call us today 716-970-4007