Is TN visa considered needing sponsorship?

New / Design
acac8889

New Design

acac8889
Aug 9, 2021 15 Comments

So, I am a designer in Canada really wanting moved to US. In most of the applications, it asked if I have legal right to work in the US and then ask me if I need sponsorship. For first question, I always checked No, but I always get mixed response whether TN visa is a visa that requires sponsorship or now.. Any Canadians or HR working in US can provide more info?

Thanks

#workvisa

comments

Want to comment? LOG IN or SIGN UP
TOP 15 Comments
  • Square / Eng
    Advocate

    Go to company page Square Eng

    Advocate
    I say no, because technically the employer doesn’t even need to know, as you just need an offer on official letterhead plus supporting documentation. Well, unless they call the company to confirm. If a recruiter doesn’t know much about it I explain this to them. I’ve never had someone seem put off by it.

    Note that TN isn’t a visa, it’s just a work status. You don’t receive a visa as a part of the process.

    Better to do it with/through the company because they have lawyers who do this for a living, but a TN visa doesn’t require “sponsorship” or a lot of the regulatory requirements that e.g. H1B or other visas (L1 etc) require.
    Aug 9, 2021 8
    • New / Design
      acac8889

      New Design

      acac8889
      OP
      Canadians are automatically qualified for a TN, right?
      Aug 9, 2021
    • Square / Eng
      Advocate

      Go to company page Square Eng

      Advocate
      It isn’t automatic, there are other requirements you have to meet. But being a Canadian or Mexican citizen are indeed requirements.

      You’ll need to meet education and job title stipulations etc.
      Aug 9, 2021
  • Look at these dumb comments above 🤦‍♂️

    You should answer you need visa support to that question.

    The reason is in US, companies are not legally allowed to ask if a person is US citizen/PR. So they rephrase this exact same question this way.

    As long as you’re not a US citizen/PR, you should answer Yes to that question.
    Aug 10, 2021 1
    • Square / Eng
      Advocate

      Go to company page Square Eng

      Advocate
      🤷‍♀️🤷‍♀️🤷‍♀️
      You’re obviously better off being honest about it and getting company support, but if you want to be pedantic, the TN is not a visa and you do not need sponsorship to get it. Ask an immigration lawyer, they’ll tell you the same thing.

      If they want PR’s/citizens only, the job posting will stipulate that.
      Aug 10, 2021
  • Cisco
    opdfgr

    Go to company page Cisco

    opdfgr
    Yes
    Aug 9, 2021 3
    • Cisco
      opdfgr

      Go to company page Cisco

      opdfgr
      It is easier to get. The company usually prepared the TN application packet and mails it to you. You then present the packet to customs when you're entering to apply fot TN status.
      Aug 9, 2021
    • Square / Eng
      Advocate

      Go to company page Square Eng

      Advocate
      The company can also petition direct to USCIS, and you receive a Notice of Action before you go to the border to avoid applying in person as well
      Aug 10, 2021