US Employment contract

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caliboundNew Member
Topic author
Posts: 4
Joined: 30 Dec 2007
Location: Toronto

US Employment contract

Post Sun Dec 30, 2007 10:50 am

Hi,

I have recently landed an employment offer from a US company and am entering the US with the hopes of obtaining the TN Visa. I have drafted a TN letter signed from the employer indicating that the employment is on a temporary basis (1 year contract) to support the TN visa. However, my employment contract does not say that it is for one year term only.

My question is: does my employment contract also need to address that it is only for a one year term. I, obviously, do not want my employment contract to say that it is for a one year term as I would like to continue to work there but renew my TN visa annually.

But will this difference from the TN petition letter cause the custom officer to decline my application for a TN visa?


Thanks!
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TNVisaExpertModerator
Posts: 168
Joined: 2 Apr 2007
Location: San Diego, California

Post Mon Dec 31, 2007 2:05 pm

You seem to be referring to two different documents as though they are the same thing.

Do not use an employment contract document as your TN visa Application/Employer Letter.

The purpose of the TN Visa Application/Employer Letter is to show to the Immigration Officer how the job qualifies under NAFTA, how you qualify for a TN Visa, how you meet the requirements of the job.

You are complicating the issue and increasing your chances of denial if you are using the employment contract as your application.

The importance here is to explain the difference to your employer, make sure they understand, that their questions are answered and they feel comfortable working with you to write the TN Visa Application/Employer letter. Some employers have a lot of reservations around this if you are not clear about everything. You want to be able to ensure they know you have everything under control.

Here is an article to help you with the tn visa application letter:
What Makes a Great TN Visa Letter

Remember, your future is too important. Be Prepared.

Good Luck!
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Christopher G. Rizzo, EsqCanuckAbroad VIP
Posts: 281
Joined: 17 Oct 2007
Location: Red Bank, NJ USA

Post Mon Jan 07, 2008 3:49 pm

The contract is not relevant to the application, so don't submit it. And because it says more than one year is meaningless, most TNs are in permanent positions. The position can be permanent. The employer (and you) need to agree to renew after each one year period and memorialize this in a statement in the support letter, nothing more is required.
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com
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fephooJunior Member
Posts: 14
Joined: 19 Apr 2009

Re: US Employment contract

Post Fri Feb 19, 2010 5:50 pm

I am sorry if I use this thread for asking my questions but I was not able to create a new topic and was asked by the system to use an already closely related topic and do a reply on it. So here it is ;)

US Citizen, Canadian Resident & US Contract

My wife is a US Citizen and currently working Canadian permanent resident. Later this year, she is considering getting a short-term 3 months contract in the US and returning to Canada after. As Canadian citizens, my young kids and I would just go with her as visitors during her contract.

Is that possible without too much trouble?
Do you foresee any problems that we should be aware of?
Where would the 3 month income be reported, on US or Canadian taxes?

Thanks a lot.
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