TN worker and labor Cert

K

kanuk@york

Registered Users (C)
I had a conversation with a self proclaimed immigration expert that made the claim that because TN workers were treaty workers, they were considered to be legal US workers. Thus labor certification was a non issue.

Is there any truth to this? I cannot find anything on the WWW that could support this claim.

Anyone?
 
Seems like kind of an old thread but for a TN you are right as long as you remain in TN status: you need neither a labor certification nor a labor condition application. However if the TN worker (or their employer) wants to switch to a green card or H-1B status, they would need labor certification or a labor condition application, respectively, just like anyone else.

The TN holder isn't a "US worker" though. Although a TN is generally easier to get than an H-1B (and far easier than a GC), a TN holder is still in the USA only at the pleasure of their employer. An employer isn't obligated to sponsor anyone for TN status and can terminate their status at any time by terminating their job.
 
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