I have read guides by the DHS and the Department of State on how then TN status should be administered, and they all make the very certain claim that TD spouses and dependents are not eligible for employment authorization.
I was looking at the what I presume to be the TN law, however. By 'law' I mean the text that is mentioned in the Immigration and Nationality Act.
Under INA Act 214(e), we see described the Admission of Non-Immigrants under the North American Free Trade Agreement.
Under subsection (6), we read the following:
"In the case of an alien spouse admitted under section 101(a)(15)(E), who is accompanying or following to join a principal alien admitted under such section, the Attorney General shall authorize the alien spouse to engage in employment in the United States and provide the spouse with an ‘‘employment authorized’’ endorsement or other appropriate work permit."
I have reviewed section 101(a)(15)(E) and it describes either an alien entering based on a trade treaty OR a child/spouse that is accompanying such an alien.
So based on the raw wording of the INA section on the TN, how in the world are TD spouses denied employment authorization?
I found the following described in Title 8 of Code of Federal Reglation (8 CFR), which describes classes of non-immigrants, Sec. 214.6(j)(4), which reads:
"The spouse and unmarried minor children of a citizen of Canada or Mexico admitted in TN nonimmigrant status shall not accept employment in the United States unless otherwise authorized under the Act."
So it would appear to me as though it is through (interpreted?) federal regulation that spouses of TN nonimmigrants shall not accept employment... unless otherwise authorized under the Act. But the Act very clearly states that spouses accompanying a TN nonimmigrant shall be eligible for employment authorization.
The State Department's Manual on Foreign Affairs seems to agree with the quoted federal regulation.
Does anyone have any insight on this discrepancy? Is this a case where federal regulation was allowed to overcome the intentions of the Immigration and Nationality Act? I am very curious as to what happened here. I understand that federal regulation is 'law', but that is written and enacted based on legislation passed by congress. Here, I would expect that the TN portion of the INA was passed through Congress, and the resulting federal regulation was establish by policy-writers to enforce the intent of Congress in passing such legislation. But does this portion of the federal regulation not blatantly ignore and reverse the contents of an entire subsection of the Act?
I was looking at the what I presume to be the TN law, however. By 'law' I mean the text that is mentioned in the Immigration and Nationality Act.
Under INA Act 214(e), we see described the Admission of Non-Immigrants under the North American Free Trade Agreement.
Under subsection (6), we read the following:
"In the case of an alien spouse admitted under section 101(a)(15)(E), who is accompanying or following to join a principal alien admitted under such section, the Attorney General shall authorize the alien spouse to engage in employment in the United States and provide the spouse with an ‘‘employment authorized’’ endorsement or other appropriate work permit."
I have reviewed section 101(a)(15)(E) and it describes either an alien entering based on a trade treaty OR a child/spouse that is accompanying such an alien.
So based on the raw wording of the INA section on the TN, how in the world are TD spouses denied employment authorization?
I found the following described in Title 8 of Code of Federal Reglation (8 CFR), which describes classes of non-immigrants, Sec. 214.6(j)(4), which reads:
"The spouse and unmarried minor children of a citizen of Canada or Mexico admitted in TN nonimmigrant status shall not accept employment in the United States unless otherwise authorized under the Act."
So it would appear to me as though it is through (interpreted?) federal regulation that spouses of TN nonimmigrants shall not accept employment... unless otherwise authorized under the Act. But the Act very clearly states that spouses accompanying a TN nonimmigrant shall be eligible for employment authorization.
The State Department's Manual on Foreign Affairs seems to agree with the quoted federal regulation.
Does anyone have any insight on this discrepancy? Is this a case where federal regulation was allowed to overcome the intentions of the Immigration and Nationality Act? I am very curious as to what happened here. I understand that federal regulation is 'law', but that is written and enacted based on legislation passed by congress. Here, I would expect that the TN portion of the INA was passed through Congress, and the resulting federal regulation was establish by policy-writers to enforce the intent of Congress in passing such legislation. But does this portion of the federal regulation not blatantly ignore and reverse the contents of an entire subsection of the Act?