Obtaining 1-year TN at POE - what is timeline duration?

[Sholezard]

My husband and I are planning on obtaining TN visas at our POE upon entering the US next summer. I understand that the TN is valid for one-year, but when exactly does the clock start ticking? The day we cross the border?

Let's say we both start work on July 7th, 2010 but we cross the border on June 30th to give ourselves enough time to settle in, etc. Does that mean we have to leave the country by July 30, 2011? Or can we continue working until July 7th, 2011?

Please advise on how exactly this process works. Thanks!

[agnelson]

The TN can now be valid for upto 3 years, if the sponsor wishes. So this makes the start/end date a little less important.

But, generally, the TN start date is the day you get the TN, it expires one year (or 3 years) after that date, regardless of when you subsequently started working.

So, in your scenario, your I-94 departure card would be stamped June 30th (actually, June 29th) 2011. You would not be in status past that date.

[Sholezard]

So does this get us in trouble, say if we're working past the date (by a few days) we were issued the TN?

[agnelson]

So does this get us in trouble, say if we're working past the date (by a few days) we were issued the TN?

Yeah. Its called immigration fraud and working illegally without authorization. Both you and employer would be liable. It's not something to trifle with.

Did you get my point about the new validity period? If the employer needs to keep you past a certain date, he should simply ask for authrization in the TN letter.

[Sholezard]

So to get this straight, if I was to get my TN on June 30th, but started work on July 7th, then the best thing to do is to get my employer to mention that in the letter of employement (i.e. the employee will need to work until July 7th)?

[agnelson]

No, the best course of action is for the employer to request a TN for 3 years. Then, when he doesn't require you anymore, he lets you go -- and you leave for Canada.

Most employers can't determine their staffing needs so far in advance. If they (or you) can't figure out if you are going to work 50, 51, or 52 weeks, why not ask for 2 or 3 years.

The letter will read hire... for a period not to exceed 3 years.