What US Employers Need to Know about TN Petitions & Applications at the Border & How Soon the TN Employee can Begin Working in the US.
US Employers need to know that TN petitions and applications may be getting more complicated. The TN visa is an employer-driven professional visa category for citizens of Canada (TN-1) and Mexico (TN-2). https://www.uscis.gov/working-in-the-united-states/temporary-workers/tn-nafta-professionals
In the past, Canadian candidates would visit a US CBP port of entry and make a TN visa application by presenting their intending US employer’s supporting documentation and evidence of their professional qualifications. Mexican candidates would visit a US consulate and make the same TN visa application with their intending US employer’s supporting documentation and their evidence of professional qualifications.
Recent Challenges at US Consulates & Recommendations:
We are hearing reports of recent TN denials at the US consulates in Mexico. Although our law firm has not seen any denials yet for any of our clients, we are recommending that employers with TN employees eligible for TN extensions in the US avoid traveling to renew TNs at the US consulates. Instead, they should file TN extensions with USCIS.
Recent Challenges at US/Canada Ports of Entry & Recommendations:We recommend to US employers that they file a TN Petition for classification before they send their new TN candidate employee to process a TN visa at the US/Canada border to apply for their TN visa. TN employees report shorter wait times and an easier application process when they arrive at the US/Canada port of entry with a USCIS approval notice and supporting documentation that we prepare on behalf of the US employer.
Even if the TN applicant arrives at the port of entry with an approval notice from USCIS, it is still important to prepare them for what to expect at the border and to give them basic instructions about what to do once their TN visa is approved.
For example, we instruct our employers’ TN visa candidates to inform us as soon as possible after they enter the US on an approved TN visa and to check their I-94 electronically. This is to ensure that there were no typographical errors entered in the system before they get too far from the border. Recently, we had a candidate approved for a TN Visa, but the CBP officer mistakenly entered “B-2” into his I-94, which is a tourist visa that does not allow for employment in the US. When we noticed the I-94 error, we requested CBP's assistance in making a correction. CBP corrected the I-94, and the new TN employee was then able to start working in the US for the sponsoring employer.
Social Security Number Application and Onboarding Employee:
We instruct TN candidates to apply for their Social Security Number as soon as possible after entering the US on a TN visa so that they can begin working. The employer can hire the new TN employee before they receive their Social Security Card as long as the employee has applied for their Social Security Number.
Social Security Administration Guidance:
SSA’s guidance on how to onboard a new employee without a Social Security Number can be found here: https://www.ssa.gov/employer/hiring.htm
“Paper Filers: If the worker applied for a card but didn't receive the number in time for filing, enter "Applied For" in Box a. (Reference: IRS Instructions for Forms W-2/W-3)
Electronic Filers: If the worker applied for a card but didn't receive the number in time for filing, enter all zeros in the field for the Social Security number. (Reference: Specifications for Filing Forms W-2 and W-2c Electronically)”
Leyla McMullen, Corporate Immigration Lawyer
Mdivani Corporate Immigration Law Firm
