TN status stamping at border for new employer (concurrent TN or multiple TN)

R

raj2020

New Member
I am going to get a stamp for a new employer. I want to give the two-week notice to the current employer AFTER I have gotten a TN status stamp for my New employer.

My current job is full time and my new job is also full time.

So I have read many people have done this just to be sure that they get the new TN stamp.

I was wondering if two full-time jobs for concurrent TN are allowed? I have not seen any officially published law where it says one should be part-time and one full-time.

For example:
(i) Request for change or addition of United States employers -
(2) Readmission at the border. Nothing in paragraph (i)(1) of those section precludes a citizen of Canada or Mexico from applying for readmission to the United States for the purpose of presenting documentation from a different or additional United States or foreign employer. Such documentation shall meet the requirements prescribed in paragraph (d) of this section. The fee prescribed under 8 CFR 106.2 shall be remitted by Canadian citizens upon admission to the United States pursuant to the terms and conditions of the NAFTA. Citizens of Mexico may present documentation from a different or additional United States or foreign employer to a consular officer as evidence in support of a new nonimmigrant TN visa application.

However,AILA asked CBP and they said only part-time concurrent is allowed. (copied below from bdzlaw website.)

The following is CBP’s response to the American Immigration Lawyer Association's liaison question on concurrent employment under TN visa status.

AILA Question: Can an individual in TN-1 status obtain another concurrent full time (or part time) TN-1 position with another employer?

CBP Reply: Concurrent TNs – yes. Part-time employment only is acceptable.

From AILA-CBP Liaison Meeting, AILA Doc. No. 08060450 (April 18, 2008).

My question is that is this an old rule (2008) and does not apply right now? OR is this interpretation only apply to people applying at the border with CBP?
 
Simply explain your situation about wrapping up other job, and they will leave it. If they don't, then you will simply have to forego notice (which is never required in any case -- and your old employer can't make you work illegally).

AILA likes to meddle in things that don't involve lawyers, like TN at the border, so don;t pay too much attention to these old things.

Focus on your new petition
 
Thanks, Nelsona.

I also got a response from a lawyer:

"There is no regulation on the books preventing 2 full-time TNs, but some ports still follow this rule as they may wonder how you may hold down 2 bona fide full-time positions."
 
You ahve mentioned that your lawyers will not support a concurrent TN in your letter. They have no business deciding this, as they represent only one of your sponsors. They are only preparing ONE TN letter, for ONE TN. It is then up to you at the border to request concurrent TN, and get a second I-94.
 
nelsona said:
You ahve mentioned that your lawyers will not support a concurrent TN in your letter. They have no business deciding this, as they represent only one of your sponsors. They are only preparing ONE TN letter, for ONE TN. It is then up to you at the border to request concurrent TN, and get a second I-94.
Click to expand...
Nelsona, I have one fulltime TN position from the last 5 years and I would like to take up another full time position and get a new TN at the border, essentially having 2 TNs, what are my options here ? I cannot change my existing employer to part-time (my existing employer may ask me to quit) and my new employer if he drafts the TN letter as part-time but If I work full-time in both locations, am I breaking the law ? Is there any law that specifies TN's cannot hold 2 fulltime jobs concurrently ?
What justification do I give the border officer if he asks are both of these jobs full-time positions ?

Appreciate your reply.
 
I think this has been explained enough. Go to the border, get the TN, and then work it out with your 2 sponsors. There is no law against this.
 
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