Laid off & re-hired by TN employer

G

grant2

Active Member
Consider if:

- A Canadian has a 3-year TN permit to work for a US employer
- The employer lays off the employee after 1 year of work
- The employer offers to re-hire the employee for the same position after 1 year of furlough (2 years since TN issued)

Is the original permit still valid for the final (3rd) year, or must a new application be made for the second period of employment?
 
As I understand, once your employer laid you off, you no longer had TN status, as you must be working for your employer to have TN status.
You have a 60 day grace period to wrap up your affairs and leave the US. Some may apply to change to B2 visitor status to extend their legal status in US, to stay longer to look for new work and wrap up their affairs.

As I understand, you will need to apply for a new TN status.

I am sure others can comment as well.
 
I disagree, but mainly because of the time period. If the person truly "laid-off"(with the possibility of recall), or furloughed the employee, there may still be a viable relationship. During the laid-off period, one would not be in status, and would need to leave (or get another legal status, like B2, but could reactivate the TN at any time, by going to the border and re-entering.
 
As I understand it: A Canadian loses his TN status every time he leaves the USA, for any reason.
He regains TN status if he seeks to enter, or re-enter, the USA while authorized with a TN Permit.

So is there really a difference between a Canadian who lost TN status when he left the USA for vacation, vs. a Canadian who lost TN status when he left the USA after being laid off?

Would it be any different if a Canadian is in Canada when he is laid off, remains outside the USA for the entire furlough, and only seek re-entry to the USA after he has been recalled to work?

Interesting questions.
 
Yes, there is a difference, otherwise, the family of a TN who goes to canada would be out-of-status while he is out of the country.

We are talking about getting a NEW TN. The standard is relationship. A furlough is not a termination, and nor is a lay-off necessarily. Neither allows one to stay in US, but the TN may not need to be re-applied for.
 
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