Citizens from Canada and Mexico who work in qualified professions may be able to work in the United States under a TN Visa. In most cases, these temporary workers can stay for up to a year in the United States with an unlimited number of renewals while they keep their original job.
However, if unemployment occurs, these individuals may not be able to continue living or working in the United States if they do not take the right steps to correct the situation.
Losing Your Job With a TN Visa
TN (Temporary NAFTA) Visas are only valid for a year, but they can be renewed an indefinite number of times. Unfortunately, if an individual with a TN Visa loses their job, they do not qualify for unemployment compensation, and they can no longer stay and work in the United States. Luckily, these individuals have a few different options at their disposal.
Increase The Length of Your Stay
Ideally, people who are working under a TN Visa should secure their legal status in the U.S. before they lose their job. While they are still working under the TN Visa, these individuals should apply for a dual intent visa and ultimately for a green card that will allow them to stay indefinitely. With a green card, these individuals will be able to apply for virtually any job.
Getting a New Visa
Once an individual has lost their job, it can be difficult but not impossible to stay in the United States. Foreigners may be able to get a new visa by marrying an American or getting another type of family sponsored visa.
Alternatively, they may stay by proving that they qualify for an O-1 Visa (Extraordinary Ability) or by getting a TD Visa thanks to a foreign spouse who still has a TN Visa. Under a TN visa, spouses of those with TN Visas may live and study in the United States, but they may not work.
TN Visa Unemployment places foreign workers in a tricky situation. However, with the right assistance, these individuals may be able to stay in the country under a tourist visa, an investor visa, or another type of visa. Getting help to insure that you are applying for the right type of extension is critical.