TN dilema: "Anticipated length of stay"

iklo
New Member



Joined: 07 Sep 2008
Posts: 2

Posted: Sun Sep 07, 2008 8:14 pm

 

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I was just offered a permanent position in the US with Fortune 100 company with the start day of November 1.

While discussing the terms I was told that the company will sponsor any kind of visa I want. I told them not to worry: I'll get TN at the border and we will work on something in a due course.

I did have a TN several years ago (renewed twice) then I had H1, so I didn't anticipate any troubles. Then I looked at current regulation and it now includes this new requirement for the employee letter stating anticipated length of stay, and elsewhere they say it must be under one year and temporary in nature.

Here is a problem: how do I go about asking my prospective employer to write me a letter stating that the job they are offering me is temporary and under one year? This is factually untrue. Will they not be commitig perjury by signing to this?

On the other hand I have absolutely no intent of residing permanently in the US: my home remains in Canada, wife has a job, kids are in school etc.

I did not discuss any of this with my employer yet: but what can they realistically do - H1 quota for the year is already filled. Perhaps they can file EB-2 (I qualify) but it is hardly instantaneous.

So what do you guys think? Any idea would be much appreciated.

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CalGreenCard
CanuckAbroad Regular



Joined: 16 Feb 2008
Posts: 65

Posted: Sun Sep 07, 2008 8:44 pm

 

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Nothing has changed in this regard from "several years ago".

The job may be permanent but you are only filling it on a temporary basis. Next year the job may be filled by someone else if your TN isn't renewed. A TN can usually be renewed in one-year (soon to be three-year) increments. But the renewal is never guaranteed--if they require an absolute, etched in stone, signed in blood guarantee that an individual employee will not leave after one (or three) years--then they should be hiring a US citizen or permanent resident. In practice most US jobs are at-will and can be terminated by either party with far less notice than that--so this is usually not an issue.

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iklo
New Member



Joined: 07 Sep 2008
Posts: 2

Posted: Sun Sep 07, 2008 9:14 pm

 

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Thank you for your comment.

"several years ago" or more like in pre 9/11 I flew from the UK to LA and had nothing but the offer and a copy of my degree. I certainly didn't have any specific letter to the border officials. The whole experience was rather underwhelming and took something like 15 min. so something must have changed.

on a related note: when the earliest can I apply for the TN? We live near the border and I would rather have this sorted out one way or another ASAP.

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Mon Sep 08, 2008 11:45 am

 

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Get a one-year contract would seem to be the simplest idea. I've yet to have a job without some condition outlining performance in the first few months or so, so they could amend that slightly.

The regs haven't changed since you last applied, it seems to be highly dependent on the FTO you get and how experienced they are.

Supposedly you can apply for TN-1 status ten days before the job starts, although I've never found that in the CFR.
_________________
Steve.

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nishant
CanuckAbroad Regular



Joined: 05 Aug 2006
Posts: 53
Location: Ontario

Posted: Mon Sep 29, 2008 3:21 pm

 

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Many US employers are familiar with TN status for Canadians.

All you need to inform that you wish to continue under TN status and the company's immigration lawyer will send us standard form of employment offer which helps in getting TN status.

Let the specialist in their field work to help you rather than you reinventing yourself.

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