In the question entitled Permanent Job, TN Visa?, it is established that permanent jobs apply under the TN Visa.

Yes, you can still be eligible for the TN Visa. Just make sure your TN Visa Letter states the correct information and you must also know how to present it during the border interview with the Immigration Officer to be successful.

This confirms what the TN Visa Application Kit states:

There is no problem with being a full-time or permanent employee on a TN Visa. Permanent job contracts do not have an end date and expect employees to work full-time. At the end of the 3 years, you will simply renew your TN Visa.

However, I still find the situation confusing. The TN Visa Application Kit indicates that the Letter from the Employer should repeatedly emphasize the temporary nature of the job. How can an employer emphasize the temporary nature of a permanent job?

asked 08 May '13, 20:09

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Adam Paynter
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edited 08 May '13, 20:10

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This is a great question and confuses many people.

First, a permanent job has no guarantees that it is permanent -- it primarily indicates certain expectations and benefits (hours to be worked, medical benefits, vacation time, monthly salary, severance pay, etc). The job itself has no guarantees - read your offer/contract letter.

Scenario: You could arrive to work on your first day and your boss could tell you they had to close the whole division down and your job no longer exists. This is exactly what happened during the IT crash and the Real Estate crash.

Consequently a permanent job is just a job that may or may not last. In the TN Visa application letter the request for the duration of the visa is the important part to show the Immigration officer the nature of the job. At the end of this term, the job, the TN Applicant is reevaluated and a new TN is requested (with unlimited).

Don't worry too much this a normal occurrence and the Immigration Officers understand it. Follow the steps in the TN Visa Expert Kit and use the sample letters to help you as it seems like you are doing.

Good Luck!

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answered 09 May '13, 11:03

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tnvisa
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accept rate: 27%

Thanks for your answer! I still have some confusion. You are correct, no job is guaranteed to be "permanent". However, employers fill "permanent" positions with the intention that the position (unless something goes wrong) will be filled indefinitely, correct? Is it my responsibility to convince the employer that they should put a three-year time limit on a position they would otherwise intend to fill indefinitely? Sorry about the confusion. Perhaps a hypothetical conversation between an employer and a job applicant (along with how the letter should describe the job's duration) would help?

(09 May '13, 20:20) Adam Paynter

Who has the concern - you or your employer regarding a 3 year visa for a 'permanent' job? As we explained the immigration officer doesn't have this concern.

(10 May '13, 10:59) tnvisa

@tnvisa: Currently, I have the concern. I want to understand this correctly so that I can explain it to a potential employer. So, if I understand you correctly, the immigration officer does not care so much about the duration of the job as much as the duration of the visa? Immigration officers have no problem issuing a temporary visa, even if they know that the job is "permanent"? I apologize for the confusion. I am sure there must be some small detail missing that will clear this up for me.

(17 May '13, 11:17) Adam Paynter

@tnvisa: Am I making sense, or am I just confusing you? I guess that would make two of us. :)

(29 May '13, 19:58) Adam Paynter

Adam, this does not have to be so confusing. We'll try again with a simple answer: If an employer asks you this question (which they will not), then you can simply state, It's not an issue for the Immigration Officer.

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answered 02 Jun '13, 16:45

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tnvisa
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Asked: 08 May '13, 20:09

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Last updated: 02 Jun '13, 16:47