TN Visa with no payment?

E

erzerz

New Member
I was granted with a TN visa, I am currently in Florida, I've been here for two months.

The company is a "Computer Consulting" indian company, they told me that they won't pay me my full salary until I get assigned to a project.

I've been all this time in their facilities making interviews. They offer free accommodation and they pay me with a $250 USD check every two weeks for buying food and other stuff.

Is that legal? Am I in an "illegal" position with my TN Visa Status while not being paid and not doing what I was hired for (programming instead of making interviews)?

Thanks!
 
there is no LCA requirement for TN. While its disappointing that they are doing this, I dont think this is something illegal
 
Whether it is legal or not IMHO depends on whether the original letter they provided in support of the TN was provided in good faith or not. If they claimed a much higher starting salary when in fact they knew your salary would be only $6,500/year until if and when they placed you with a client, I would question such behavior on their part. OTOH if something genuinely fell through at the last minute--ie they thought they had you placed with your first client but the deal fell through last minute and now they have to find a new client--then it is legal.

There is no LCA for TN so, yes, they can change your salary at any time but the TN letter should still reflect the honest facts at the time it is signed.

That said I don't think there is much you can do to force them to change what they are doing. Given that this has been going on for a fairly extended period--two months--I'd recommend you start interviewing at other places as well not just for the clients who may have projects through this company that sponsored your TN.
 
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