question about contract period

tonywham

New Member
Hi there, I am pretty new to TN, so am a little bit confused about contract duration in TN requirement. I know in order to qualify for TN, I should not be employed permanently. However, I got a job in the US with permanent status (although at will for sure). I have exact job title, duties, and directly related degrees to the TN category I am going to apply for. So my question now is, how can I successfully get the TN status with my situation, will a statement in the TN support letter saying the job is a contract job with a 3 years ending period be enough for TN application? Any suggestions? Thanks in advance.
 
yes. It must include such wording.
Hi nelsona, thanks for reply. Is there anything else I need to polish besides that statement of employment duration. Should I ask the company to put such wording in the job offer as well? Currently the job offer does not say anything about the contract period, just a regular job offer.
 
The job offer doesn't go to the border. The TN letter is all that sponsor supplies to CBP.
 
The job offer doesn't go to the border. The TN letter is all that sponsor supplies to CBP.
Thanks so much again nelsona, just three more questions, as I am trying to understand the TN application process. 1) if my support letter says the contract duration is 3 years, will I get the maximum 3-year TN? or CBP may still issue a 1-year TN, 2) if my start date is June 1st, when will be the earliest date I can go to the border to apply for TN, one week before June 1st? (btw, can I do things like drive to buffalo to apply for TN, then come back to Toronto and take the flight to the US after get the TN 3) I am still a student at a university, although I am free to work now. Should I have a support letter from my school as well? or do I need to bring anything to prove that I am a student. Does CBP care who am I right now? or they just focus on the required documents? Sorry for so many questions. Thanks one more time in advance.
 
here are some of the responses (Nelsona can add/modify)
1) Yes. 3-years is the max. Mind you, the 3-yr TN is given from the day you actually show up at the border NOT the 3-yr period stated on your TN letter
2) One of the CBP officials told me that you could show up as early as you want (even 6 months ahead of the start date!) as long as you keep in mind that the 3-yr period kicks in the day you are at the border. You could go to the border, get the TN, enter the US (dont say you are here just to get TN and turn around)...officially enter the US after getting your TN and then you can turn around after (say) a couple of hours and take a flight once you have your TN
3) Which category do you plan to apply under? You mention you are still a student...is it that you have completed the course of study and merely awaiting your degree? Yes a letter from your school stating that you have satisfied all the requirements for your degree will likely be necessary (+ transcripts) if you dont have the degree yet. They will focus on all the required documents
 
Missed to respond to this: "if my support letter says the contract duration is 3 years, will I get the maximum 3-year TN?" ... yes you will get the 3-yr max TN
 
here are some of the responses (Nelsona can add/modify)
1) Yes. 3-years is the max. Mind you, the 3-yr TN is given from the day you actually show up at the border NOT the 3-yr period stated on your TN letter
2) One of the CBP officials told me that you could show up as early as you want (even 6 months ahead of the start date!) as long as you keep in mind that the 3-yr period kicks in the day you are at the border. You could go to the border, get the TN, enter the US (dont say you are here just to get TN and turn around)...officially enter the US after getting your TN and then you can turn around after (say) a couple of hours and take a flight once you have your TN
3) Which category do you plan to apply under? You mention you are still a student...is it that you have completed the course of study and merely awaiting your degree? Yes a letter from your school stating that you have satisfied all the requirements for your degree will likely be necessary (+ transcripts) if you dont have the degree yet. They will focus on all the required documents
Hi wretle42, thank you. If the TN starts from the day when I show up at the border and apply for it, then does it matter if the support letter has a contract ending date more than 3 years from the application date. Like if my start date is June 1st 2015, so in the support letter, it will say the contract ends in May 30th 2018. But I will apply for TN at May 25th 2015, and may get a TN valid until May 24th 2018 (which is earlier than May 30th 2018).

I already got the bachelor's degree, but am attending graduate school (but have finished all the course, and waiting for the defense). so not sure if I need something that not in the TN document list to show CBP what I am doing right now.

I am not sure what I can say at the border, because I will be driving, but the job is in the southern part of the US, so if CBP asks are you going to drive there after get your TN today, what should I say? Yes?
 
wretle, Regardless of what a CBP officer told you, they will not allow you to enter US on TN if you are not actually stating to work on TN; CBP does not allow people in on work status just to roam about the country while waiting to start work. if one presented themselves at the border 6 months early they would be (a) laughed out of the office and (b) proabably have note on their file. Believe it or not CBP often say these type things to trap people, when they bother them with hypotheticals. A week or two is the standard. the officer may simply have been trying to emphasize that the expiry would be three yoears from processing date, no more.

There is no need for anything from the school for "support". Your degree. period. they don't even accept transcripts unless it says "degree conferred", and even then they sometimes won't. A letter from school is of NO value whatsoever.

Obviously the "driving to work" scenario doesn't apply here, but you are a few days away so it won't matter. Just don't pin all your plans on getting the TN early. technically they can insist on only giving you the TN as you get on the plane June 1.
 
Hi nelsona, thank you for further clarifying. So it will be okay that I tell them I am here to apply for TN and will be back to Canada tonight, if I come to the border one week earlier from June 1. Which one will give me hard or easy time to get TN, Lewiston–Queenston? Peace Bridge? or Rainbow Bridge? Will it better for me to get TN at the airport? I just do not want to get trouble in applying TN at the airport and miss the flight.

Regarding my current status in Canada, does it mean CBP do not care what you are doing in Canada, no matter you are a student or you are unemployed, they just will look for the required documents. My concerns come from that although I have bachelor's and master's degree in economic, and I am going to apply under economist category, I am currently working towards a degree in urban planning. My research still falls into economics (regional economics), but I will not get a degree in economics. So I am kind of worrying if they ask what I am doing right now, can I just explain this to them without any support from my currently university.
 
My friend who got his TN in early March was in the same situation as you. Had a bachelors degree that satisfied the requirement for TN...was doing Masters in parallel (scheduled to graduate in April). Went to the border to get his TN one month ahead of the job start date and had no issue whatsoever in getting the authorization. He returned to Canada immediately after getting his TN. Point I am trying to make is that its really dependent on the officer one deals with...some might ask...some might not. Do not voluntarily bring it up yourself but always tell the truth if asked. IMO they realize that people cant just pack up their luggage, show up at the border and be guaranteed a TN...just my 2c

Nelsona - wrt support statement from school, I wasnt sure whether Tony was waiting for his Bachelor's degree to be conferred hence the comment. Seems like he already has the Bachelor's degree (assuming from Canada) so should be fine. Tony: If its not from North America, you (or your company) needs to get the equivalency
 
1 month, sure. 6 months never. Point being that an officer will say anything if ask a hypothetical, like you obviously did. they HATE answering these Q's. They only want to deal with actual petitions presented.
And, as i said, one day, one month, whatever, you cannot count on getting TN beforehand, so don't make plans accordingly, like moving truck, etc.
 
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