Blog Post
What Responsibilities Do Employers Have for Tn Visa Holders?
5/26/2025
Employers must continue meeting specific obligations once the Visa is approved and the employee begins working. These include ensuring fair treatment to keeping proper documentation for Visa renewals. Ignoring these responsibilities can lead to serious legal issues for both parties.
Compliance With Wage & Labor Standards
Once you start your job, your employer must follow U.S. labor laws, including the Fair Labor Standards Act (FLSA). They must provide fair pay and enforce workplace safety regulations. Employers must also offer the same working conditions as they do to U.S. workers in the same role, ensuring they do not exploit or underpay you.
Accurate & Timely Visa Extension Application
When your TN Visa nears expiration, your employer must submit Form I-129 to extend its validity. The job offer and your credentials must stay accurate and compliant with TN status requirements throughout the renewal process. Filing late may lead to legal consequences for you and your employer.
Proper Management Of Termination Procedures
If your employer terminates your employment, they must consider the discretionary 60-day grace period. Immigration law grants this window to nonimmigrant workers to maintain their legal status or until their Visa expires, whichever comes first. You can use this time to find a new employer willing to sponsor a TN or another type of Visa.
Protecting Nonimmigrant Intent
During the application process, you must establish nonimmigrant intent by proving you plan to return to your home country after working in the U.S. Employers should support this by declaring that the job is temporary and will last no more than three years. They should avoid discussing permanent residency, which may raise concerns with USCIS.
Avoiding Immigration Law Violations
Employers must complete and maintain Form I-9, Employment Eligibility Verification, for all employees to confirm their legal right to work in the United States. They should regularly conduct internal audits to verify compliance.
Failing to meet these obligations can lead to serious consequences for both parties, including heavy fines or criminal penalties. When seeking legal help, employees often pick top TN Visa attorneys to navigate their employment-related legal concerns. This choice proves wise, as skilled lawyers offer numerous benefits.
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