Confused about contracting firm vs client company

jules1029

New Member
I am currently in the US with a TN that expires in December. I am employed by a contracting firm, who has contracted me out to a client company. The contracting firm is the one who pays me and who writes my TN letter.
I am renewing my TN status at a POE in December, to continue working with the client company until February 1st.

The contracting firm wants to know if, instead of me having to renew with the client company every few months, they (the contracting firm) can request a 1-year TN visa for me instead. So the client only wants me for an extra 2 months and then possibly renew, but the contracting firm wants to extend me for a full year.

So in this case my TN would be approved for a full year, however my client contract would only go until February, and then possibly be extended again. OR I would cease employment with this specific contract in February and move on to another, still with the same contracting firm.

Is this possible? Or do I need to go to the border every few months to extend my status? Technically I would at all times retain employment by the contracting firm.


Very confused.
 
The contracting firm is not under any obligation to name the client(s) you will be working for, Their only obligation is to employ you *somewhere* at the job that they specified in the petition. The client is not sponsoring your TN.

So, if they foresee that they will move you from one client to another, or extend you on this particular client, they can request a TN of "no more than 3-year" duration. The understanding is that, if you stop working for the contracting firm, that your TN is no longer valid, and that you should leave US, regardless of the time remaining on your TN.

I've never heard of a contracting firm doing what yours is doing: piecemeal 2-3 month TNs at the whim of the client; instead they estimate the longest they will need you on any job(s), and request a TN for that long, and let you go if need be -- you are THEIR employee.
 
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