Part-time on TN - can you stay full-time?

[paulw]

Hello all,

Great forum, lots of information here! I've done a search but haven't found anything matching my situation. Advice would be appreciated.

I'm considering taking a part-time job as an Engineer (on the NAFTA list!) in the US. As I understand it, getting TN status shouldn't be too much of a problem (if I don't get an immigration guy on a bad day). But, if I'm only working part-time, do they expect me to leave the country when I'm not working?

I intend to work a few months a year (my employer is okay with this), so it's a different sort of part-time than they would usually encounter at the border. I'd like to remain in the US the whole time though.

Any experience with this situation?

thanks
Paul

[Reba]

Do you mean you would like to get a 1 year TN and only work for half a year or something?

[Steven]

Really it depends on whether you remain on their payroll and what it says on your job offer letter. If it says "three years" or whatever on the letter and you remain on their payroll the whole time then I can't see an issue with it. Employers have to notify USCIS if you are no longer employed with them. I think this is only really an issue with H-1B because there are various labour laws requiring people in that category to be paid somewhat consistently.

[MC]

It is doubtful that CBP would issue work authorization for just a part-time job so I am not so sure this would fly. TN candidates have been refused entry in the past since some inspectors felt the prevailing wage paid was not enough to support oneself. CBP has been known to screw up at the border so it is difficult to speculate on just a part-time scenario and whether or not it would be approved.

[paulw]

Thanks for the responses. Sorry about the vague post but it's a bit of a complicated story, I'm trying to keep it simple.

After reading about all the insecurities of the TN status (where they can refuse entry every time you pass the border) I'm going to try for L1 instead, intra-company transfer.

Good point about being able to support yourself, I hadn't thought of that, it could be a problem - even with the L1. I can support myself, but I'd have to prove it.

I generally like to work 3-4 months a year, for various reasons.
I have no status in the US, never worked there.

Thanks again, and if you have any other comments, feel free.

[Steven]

The problem with L-1B is that you can only have it for a maximum of five years. This can be a serious problem for Canadians because of the cross-border nature of many businesses so they came up with "L-1 intermittent" which allows you to keep L-1 status indefinitely, provided you spend 183 days or less in the US.