kritika 
In the USA today, TN visa workers are once again in the spotlight, following an $11.5 million settlement by a federal judge between Hyundai Mobis, Kia Georgia, and two recruitment firms. A group of Mexican engineers reported that they were recruited for high-level technical positions but found themselves working in an assembly line job at a Georgia facility, and that they were not able to change their jobs due to the fact that TN status is connected to a single employer, a single position.
What many foreign engineers in the USA are unaware of until they find themselves in the situation is that after the TN visa is issued, there is limited oversight of the actual job, which means that workers can be at risk if their employers fail to keep their promises.
What Happened in the Hyundai-Kia Case
Over 600 of the workers had signed up for the class action, saying they were promised jobs on the Engineering category of TN visas, but were then assigned to manual work in factories, and had been even told not to complain or look for other jobs. In the settlement, the companies did not settle for guilt but the settlement amount has been one of the largest of its kind regarding TN visa employment guidelines.
Quick Facts / Key Takeaways
- Settlement amount: $11.5 million approved by the U.S. District Court judge
- Affected workers: 600+ Mexican engineers (TN visas)
- Recruiters cited: Hyundai Mobis, Kia Georgia and two Georgia-based recruiters
- Core allegation: When you are looking for a welding technician, ask them if they can do skilled tasks.
- Underlying issue: The main problem is that employers are not allowed to change employers if they hold a TN visa and that TN visa holders can not switch jobs.
- Bigger picture: It comes less than a year after a separate immigration raid at a Hyundai-LG battery plant in Georgia.
Why TN Visa Job Switching Is So Risky
The visa category is a narrow lane for TN visa holders in the USA. TN status is a qualifying Canadian and Mexican professional under USMCA granted for a particular job description and by a particular employer. Unlike other US work visas, in which changing employers is more common, this is an uncommon process. In the USA, it is not the same case for TN visa holders because they have to submit a new petition or application to start new employment with a different employer.
TN Visa Rules vs. Other Work Visas
| Feature | TN Visa | H-1B Visa |
| Eligible nationalities | Canadian and Mexican | Any nationality |
| Job flexibility | Working for a single employer/role | May move to another job with the same employer under conditions |
| Annual cap | None | Limited by annual lottery |
| Renewal | No max, can be renewed in increments | Capped total duration |
| Oversight after approval | Limited monitoring | Limited monitoring |
What This Means for Migrant Engineers
For Mexican and Canadian TN workers, who are interested in obtaining employment in the United States, it is important to understand that obtaining a TN visa is not the end, but rather the beginning of their compliance responsibility. When considering an offer, engineers may request the job description in writing, ensure that it reflects the duties on the TN application, and know that a new TN application is required if they accept a job offered from a different employer. TN visa holders in the USA who believe that they were deceived about the nature of their visa, as in the Hyundai-Kia case, have options to pursue a wage claim or civil action, even if they are deported as an employee of the employer.
FAQs
Are TN visa workers free to change their jobs?
Typically, a new TN application/petition must be filed with regard to the new position which includes a new employer, before employment can legally commence following a TN visa employer change.
What jobs are eligible for a TN visa?
Engineers, and dozens of other professional categories, are eligible to hold TN status, but only if they have the job duties on the approved application.
Is there any protection for TN visa workers when their employer lies about the work?
Yes. TN visa workers in the USA are able to file lawsuits against employers without any immigration consequences, as was illustrated in the Hyundai-Kia case.
Will future TN visa applications be impacted by this settlement?
Directly, no, but indirectly, it may lead to closer questioning of employers that hire TN visa engineers for jobs that fall outside of the scope of the visa.
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