One of the basic requirements that must be met in order to successfully obtain TN status is an offer of temporary employment. This requirement often causes confusion for both the employer and the employee. As with all other temporary immigration visas, TN visa applicants must have temporary intent. This means that they cannot have the intent to stay permanently in this United States; however it does not preclude an employee from working for an employer under TN status for an extended time period. There is a stark difference between “temporary” under immigration law and the in the business world. Temporary for immigration purposes does not mean that the employer cannot employ the foreign worker for an extended period of time; it simply means that employment while in TN status cannot lead to permanent status in the United States.
TN Status can be approved for any increment of time from 1 day and up to 3 years. At the end of the initial time period, the TN can be renewed or the employee can change employers. There is no maximum time limit that an employee can hold TN status, it can be renewed as long as the employer’s need for their services continues. If an employer wishes to employ a TN worker permanently it is best to transfer the employee to an H-1B visa, or in some circumstances, commence the green card process. The option to continue under TN status, change to another immigration status, or begin the green card process, depends on the nature of the employment relationship. We are able to assist both employer and employee with temporary employment in TN status or more permanent employment options through the green card process. Contact us today so that we can determine what approach is best for your specific situation.
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