TN Refused if US Unemployment Rises?

[Punky Duddle]

I have a job offer (Dir. of Eng.) that will likely last 3-5 years.

1) Assuming everything is going well with the job, what are the chances of not having the TN renewed because someone is having a bad day or US unemployment rises? I am trying to determine the risk having to leave if the TN is rejected.

2) What is the best crossing for TN Application from the GTA (Sarnia, Pearson, Buffalo, etc.). I have the choice of either land or air.

3) Once I have a TN is it OK to return to Canada monthly; i.e. some of my family will remain here and I do not want to get refused entry on one of the return trips.

4) Is it better to retain an immigration lawyer in the locally US or in Canada or near the preferred crossing?

[g-op]

If you are an Engineer, degreed or member of provincial order, and are doing Engineering work for a US employer, assuming you have no ownership of the US company, don't worry about US unemployment as long as you are not getting the Pink slip, you will be fine. Letter of employment must specify 1 year offer of employment as that is all a TN can be at this point. Obtaining a lawyer for a TN application as simple as an Engineer would be a waste of money. If you want to throw away your money let me know where so I can pick it up. seriously, engineer TN applications are straight forward. Don't let these lawyers convince you otherwise. Simple, easy, no problems at any Border assuming the first sentence is true.

[Punky Duddle]

Appreciate the info. good to know.

I am actually a Scientific Technologist - Electronics; i.e. not an engineer but fitting the TN Technologist category, with a college diploma, an MBA-IT post-grad degree, and a member of OACETT for 15+ years (Ontario Association of Certifed Engineering Technologists).

Assuming all the paperwork was correct, assume your same comments apply; i.e. still easy to do?

Thanks for the perspective.

[g-op]

none of my previous comments apply, Scientific tech must show theoretical knowlegde of one of the listed sciences, electrical engineering would suffice, but if your job offer is director of engineering I cannot see how you would qualify as a scientific technologist as per NAFTA agreement, a sci tech must work in direct support of a degreed professional in the same science that you have theoretical knowledge of. as director of engineering how could you work in direct support of anyone, you are the director. If the CBP Officer followed the Law to the tee he could deny you as your job description would not qualify as sci tech, to be director of engineering you should have engineering degree and apply as Engineer, not sci tech.

You want to be member of the PEO.

[Punky Duddle]

Hhhmmm, I have been working in engineering management positions for ~15 years and in the new position would be building/managing a manufacturing engineering and R&D team; i.e. it is a management position and I won’t be doing any engineering myself.

So is a management or director category more appropriate, or not really under the TN?

Again, thanks for the perspective.

[g-op]

CBP first question will be: Are you an Engineer? As I said sci tech must work in direct support of a degreed professional.

Wait and see if you receive different advise on this site.
Possibly an L-1 are you currently working for the company you are getting the new position with? intercompany transfer. Good Luck, just don't try Management Consultant under TN as you are applying as a Manager application would be Fraudulent. Many lawyers try to fit unclear applications under this with a very vague employment letter, and list of duties that could be seen as misleading if your true job is Director of Engineering. Just some advice if you do consult a lawyer and he throws that Profession at you.

best of luck.

[Steven]

There is no labour certification for TN-1, so how much unemployment there is in the US is academic for immigration purposes (obviously you might get laid off though).