Changing jobs on a TN: what a new employer means

The short version

General information, not legal advice. This guide explains the rules in plain language. It doesn’t tell you what to do in your situation, and it doesn’t decide whether you qualify. For anything that depends on your facts, speak with a U.S. immigration lawyer.

• A new employer means a new TN. Your current TN covers the employer in your current letter. Working for a different employer requires a new approval.
• Canadians have two routes. You can apply for readmission at a port of entry or airport preclearance with the new employer’s documents, or the new employer can file Form I-129 with USCIS while you’re in the U.S.
• No early start. You can’t begin working for the new employer until the new TN is approved. TN has no equivalent of H-1B “portability”.
• A grace period may apply between jobs. If your old job ends first, the rules allow up to 60 days in which you’re not considered out of status solely because the job ended, but you can’t work during it.
• The new packet looks like a first TN. A new letter from the new employer, your credential evidence and proof of Canadian citizenship.

Why a new employer needs a new TN

TN approval is specific to the employer and the professional activity described in your documents. The TN regulation says that a TN professional who wants to change or add a U.S. employer “must have the new employer file a Form I-129 with appropriate supporting documentation”, and that “employment with a different or with an additional employer is not authorized prior to Department approval of the request” (8 CFR 214.6(i)(1)).

The same regulation also explains why you can’t simply re-enter on your existing documents after changing jobs. A TN professional can be readmitted for the remainder of the approved period without new documents only “provided that the original intended professional activities and employer(s) have not changed” (8 CFR 214.6(g)). A different employer is a change, so it needs fresh documentation and a fresh decision.

You may come across official guidance saying that a TN visa isn’t employer-specific. That refers to the visa stamp, which Canadians generally don’t need. The admission and the permission to work are tied to the employer in your approved documents.

This is different from H-1B. U.S. law lets an H-1B worker start with a new employer once the new employer files a petition (often called portability), but that rule is written for H-1B only. Nothing equivalent exists for TN, so the approval has to come first.

Two ways to get the new TN

For Canadians, the regulation gives two routes. It says the I-129 requirement doesn’t prevent a Canadian “from applying for readmission… for the purpose of presenting documentation from a different or additional United States or foreign employer” (8 CFR 214.6(i)(2)). The State Department’s manual puts it the same way: “A Canadian citizen wishing to change or add employers may also depart the United States and apply for readmission with DHS at the POE.”

TNPath packets are designed for the first route: a Canadian applying in person at a port of entry or preclearance. The I-129 route is a USCIS filing that the employer, or the employer’s lawyer, prepares.

Timing: resigning, travelling and starting

The central timing rule is simple: you can’t start work for the new employer until the new TN is approved. Everything else is planning around that date.

If you apply at the border

The new approval happens when a CBP officer admits you with the new employer’s documents. The letter describes when the job begins and how long it lasts, so the application is usually timed around the new start date. If an officer has questions or can’t approve the application, the start date may need to move.

If the new employer files Form I-129

You stay in the U.S. while USCIS processes the petition, and you can begin the new job once it’s approved. Processing times vary. Premium processing costs extra and gets a USCIS response within 15 business days (8 CFR 106.4). A response can be an approval or a request for more evidence.

When the old job ends first

Your TN status depends on your employment. If the old job ends before the new TN is approved, 8 CFR 214.1(l)(2) provides a grace period: a TN professional and their dependents “shall not be considered to have failed to maintain nonimmigrant status solely on the basis of a cessation of the employment… for up to 60 consecutive days or until the end of the authorized validity period, whichever is shorter, once during each authorized validity period.”

Three limits matter. The grace period can be shorter: “DHS may eliminate or shorten this 60-day period as a matter of discretion.” You can’t work during it: “the alien may not work during such a period.” And it’s available once per authorized validity period. The regulation adds that during the grace period you “may apply for and be granted an extension of stay… or change of status… if otherwise eligible” (8 CFR 214.1(l)(3)).

Keeping the old job until the new TN is approved

TN doesn’t require you to leave one job before another is approved. The State Department notes that “an individual in TN status may work for multiple employers at the same time”, as long as each employer has its own approval. Whether an overlap is possible depends on your old employer, your notice period and your new start date.

Family members

If your spouse or children are in TD status, their status depends on yours, so include them in your plans for the new TN. See TD status for your family.

What the new packet must show

A TN for a new employer is decided on the same documents as a first TN. Under 8 CFR 214.6(d)(3), a Canadian applicant presents proof of Canadian citizenship and documentation of professional employment, which “may be in the form of a letter from the prospective employer(s)”. The letter must cover five things:

1. the TN profession the job falls under;
2. a description of the professional activities (the duties);
3. the anticipated length of stay;
4. your educational qualifications or credentials; and
5. the arrangements for pay.

It must be supported by the credential evidence the list calls for, such as diplomas, degrees, licences or professional designations.

What’s different when you change employers

• The letter comes from the new employer and describes the new job. Reusing the old letter, or editing it lightly, doesn’t work: the facts have changed.
• The profession may change. If the new job falls under a different TN profession, the credential rule changes too. A move from Engineer to Computer Systems Analyst, for example, is judged against the analyst entry, not the engineering one.
• Your history is visible. Officers can see your previous admissions, so be ready to explain your current TN job, why you’re changing and when the old job ends or ended.
• Dates should line up. The new letter’s start date, your resignation date and your travel plans should tell one consistent story.

The profession guides cover what each category’s letter needs, including Accountant, Management Consultant, Registered Nurse and Pharmacist.

Adding a second employer instead of switching

The same rules apply when you keep your current job and add another. The regulation covers a request to “change or add” an employer (8 CFR 214.6(i)(1)), and the border route covers documentation from “a different or additional” employer (8 CFR 214.6(i)(2)). The additional employer needs its own approval before you start, with its own letter describing that job. Your existing TN continues to cover your existing employer.

Side work that isn’t covered by any TN approval is a separate issue. See self-employment, remote work and side jobs on TN.

Common misunderstandings

• “My TN is still valid, so I can start the new job.” The validity date on your I-94 doesn’t cover a different employer. The new job needs its own approval first.
• “The new employer filed, so I can start.” That’s H-1B portability. It doesn’t apply to TN.
• “I have 60 days, guaranteed.” The grace period is up to 60 days, can be shortened, applies once per validity period, and doesn’t allow work.
• “The old letter is close enough.” The letter has to describe the new employer’s job accurately, and the new employer has to verify and sign it.
• “The job title is the same, so the category is the same.” Officers look at the duties, not the title. A similar title at a new company can describe different work.

Building the new packet with TNPath

TNPath’s builder has a packet type for this situation. On the first step, choose “A new employer” (“I already hold TN”). The builder then words the employer letter and your checklist for someone who already holds TN and is applying for a new employer, and your PDF guide covers the port-of-entry steps for the new application.

As with any TNPath packet, the letter is a draft built from your answers. Your new employer verifies every statement, corrects anything that isn’t accurate, puts it on letterhead and signs it. TNPath doesn’t decide whether you qualify, and it’s built for applications at a port of entry or preclearance, not USCIS filings. If your situation involves a gap between jobs, a change of TN profession or a previous refusal, consider speaking with a U.S. immigration lawyer first.

Common questions

Sources

• eCFR: 8 CFR 214.6, Citizens of Canada or Mexico seeking temporary entry to engage in business activities at a professional level
• Cornell Law School LII: 8 CFR 214.6
• eCFR: 8 CFR 214.1, Requirements for admission, extension, and maintenance of status (grace periods)
• U.S. Department of State: 9 FAM 402.17, USMCA professionals (TN and TD)
• CBP: Traveling on a TN or L-1 from Canada
• eCFR: 8 CFR 106.2, USCIS fees (Form I-129 and the Asylum Program Fee)
• eCFR: 8 CFR 106.4, Premium processing service
• Federal Register: Adjustment to Premium Processing Fees (January 12, 2026)
• Federal Register: Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements (81 FR 82398, 2016)

Last reviewed September 29, 2026. General information, not legal advice. Rules and fees change; confirm with official sources before you travel.