In violation?

Susan19081

New Member
My university sponsored TN status for someone who was going to teach in my dept. as an adjunct. We didn't immediately have a course for her to teach (it was too late when she was approved for fall semester and there was an unrelated problem for spring). Her TN is still valid and we want her for next semester but our immigration office is refusing to let us put her on the schedule and says that she is in violation of her TN status. Please advise.
 
So her TN status was approved in the Fall of 2019 as an adjunct professor but she has not started working yet? (for various reasons out of her control)
Is she being paid as an adjunct professor?
Yes, it sound like she may in violation of her TN status.
Your immigration office knows all the pertinent details, I think they would be in a better position to comment, rather than an anonymous internet forum.
 
Once a person is issued TN status they need to start the job within two weeks or so.
Did they apply at Port of Entry or through USCIS through the mail (form i-129)? When did they receive approval? When did they start working as an Adjunct Professor?

Receiving TN approval in Fall of 2019 for a job that does not start until next semester (Summer or Fall of 2020? for various valid reasons), is likely why they are saying she is in violation in the current TN status. But I don't know all the pertinent details.

Immigration rules can be quite rigid and inflexible for some roles, like an Adjunct Professor, whose work terms start on a quarterly or semester basis.
 
Her TN is still "good" for use when she retirns to work, However, since she is now not working she cannot claim to be on TN, for entry purposes, or for remaining in country.
 
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