US employer suggests two 90 day contract periods instead of work VISA. Is this okay? [closed]

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I'm a Canadian citizen going to work in the US for 5 months starting in May. My employer said that due to the fact I'm being hired a little late in the game, and the H1B work VISA takes several months to complete, and given the fact that this is an internship, he said to simply come for 90 days and work as a contract worker, go back to Canada shortly, then come back again for the remaining period.

Now he said the company lawyers said this is completely fine, and I have no reason to think otherwise, but just to make sure: is this okay/common practice? When I get to the border and they ask my reason for travel, am I able to say work?

edited Mar 31 '14 at 4:36

asked Mar 31 '14 at 3:28

Doug Smith

12414

closed as off-topic by jmac, CMW, bethlakshmi, Monica Cellioâ™¦, jcmeloni Mar 31 '14 at 21:14

This question appears to be off-topic. The users who voted to close gave this specific reason:

"Questions seeking legal advice are off-topic as they require answers by legal professionals. See: What is asking for legal advice?" â€“ jmac, CMW, bethlakshmi, Monica Cellio, jcmeloni

If this question can be reworded to fit the rules in the help center, please edit the question.

1

I'd find out what the statutory cool-down time is. I'd imagine that repeated visits of such duration and frequency are red flags for any civil servants you have to deal with.
â€“Â Onno
Mar 31 '14 at 3:37

Hey Doug. It really sounds like these are questions you should be asking your company's lawyers rather than us here. I would feel incredibly uncomfortable knowing that any answer I provided would be used to 'make sure' over the advice of trained legal professionals.
â€“Â jmac
Mar 31 '14 at 6:39

1

Where does this 90 days come from? AFAIUI TN status (no visa required) for qualifying Canadian professionals lasts up to 3 years. H1B is for non-NAFTA citizenships.
â€“Â Spehro Pefhany
Mar 31 '14 at 12:45

You seem to have asked this on Travel.SE as well: travel.stackexchange.com/questions/25580/â€¦
â€“Â jpatokal
Nov 22 '14 at 10:45

add a commentÂ |Â

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edited Mar 31 '14 at 4:36

asked Mar 31 '14 at 3:28

Doug Smith

12414

closed as off-topic by jmac, CMW, bethlakshmi, Monica Cellioâ™¦, jcmeloni Mar 31 '14 at 21:14

This question appears to be off-topic. The users who voted to close gave this specific reason:

"Questions seeking legal advice are off-topic as they require answers by legal professionals. See: What is asking for legal advice?" â€“ jmac, CMW, bethlakshmi, Monica Cellio, jcmeloni

If this question can be reworded to fit the rules in the help center, please edit the question.

1

I'd find out what the statutory cool-down time is. I'd imagine that repeated visits of such duration and frequency are red flags for any civil servants you have to deal with.
â€“Â Onno
Mar 31 '14 at 3:37

Hey Doug. It really sounds like these are questions you should be asking your company's lawyers rather than us here. I would feel incredibly uncomfortable knowing that any answer I provided would be used to 'make sure' over the advice of trained legal professionals.
â€“Â jmac
Mar 31 '14 at 6:39

1

Where does this 90 days come from? AFAIUI TN status (no visa required) for qualifying Canadian professionals lasts up to 3 years. H1B is for non-NAFTA citizenships.
â€“Â Spehro Pefhany
Mar 31 '14 at 12:45

You seem to have asked this on Travel.SE as well: travel.stackexchange.com/questions/25580/â€¦
â€“Â jpatokal
Nov 22 '14 at 10:45

add a commentÂ |Â

up vote
0
down vote

favorite

edited Mar 31 '14 at 4:36

asked Mar 31 '14 at 3:28

Doug Smith

12414

edited Mar 31 '14 at 4:36

asked Mar 31 '14 at 3:28

Doug Smith

12414

edited Mar 31 '14 at 4:36

asked Mar 31 '14 at 3:28

Doug Smith

12414

asked Mar 31 '14 at 3:28

Doug Smith

12414

asked Mar 31 '14 at 3:28

Doug Smith

12414

closed as off-topic by jmac, CMW, bethlakshmi, Monica Cellioâ™¦, jcmeloni Mar 31 '14 at 21:14

This question appears to be off-topic. The users who voted to close gave this specific reason:

"Questions seeking legal advice are off-topic as they require answers by legal professionals. See: What is asking for legal advice?" â€“ jmac, CMW, bethlakshmi, Monica Cellio, jcmeloni

If this question can be reworded to fit the rules in the help center, please edit the question.

closed as off-topic by jmac, CMW, bethlakshmi, Monica Cellioâ™¦, jcmeloni Mar 31 '14 at 21:14

This question appears to be off-topic. The users who voted to close gave this specific reason:

"Questions seeking legal advice are off-topic as they require answers by legal professionals. See: What is asking for legal advice?" â€“ jmac, CMW, bethlakshmi, Monica Cellio, jcmeloni

If this question can be reworded to fit the rules in the help center, please edit the question.

1

I'd find out what the statutory cool-down time is. I'd imagine that repeated visits of such duration and frequency are red flags for any civil servants you have to deal with.
â€“Â Onno
Mar 31 '14 at 3:37

Hey Doug. It really sounds like these are questions you should be asking your company's lawyers rather than us here. I would feel incredibly uncomfortable knowing that any answer I provided would be used to 'make sure' over the advice of trained legal professionals.
â€“Â jmac
Mar 31 '14 at 6:39

1

Where does this 90 days come from? AFAIUI TN status (no visa required) for qualifying Canadian professionals lasts up to 3 years. H1B is for non-NAFTA citizenships.
â€“Â Spehro Pefhany
Mar 31 '14 at 12:45

You seem to have asked this on Travel.SE as well: travel.stackexchange.com/questions/25580/â€¦
â€“Â jpatokal
Nov 22 '14 at 10:45

add a commentÂ |Â

1

I'd find out what the statutory cool-down time is. I'd imagine that repeated visits of such duration and frequency are red flags for any civil servants you have to deal with.
â€“Â Onno
Mar 31 '14 at 3:37

Hey Doug. It really sounds like these are questions you should be asking your company's lawyers rather than us here. I would feel incredibly uncomfortable knowing that any answer I provided would be used to 'make sure' over the advice of trained legal professionals.
â€“Â jmac
Mar 31 '14 at 6:39

1

Where does this 90 days come from? AFAIUI TN status (no visa required) for qualifying Canadian professionals lasts up to 3 years. H1B is for non-NAFTA citizenships.
â€“Â Spehro Pefhany
Mar 31 '14 at 12:45

You seem to have asked this on Travel.SE as well: travel.stackexchange.com/questions/25580/â€¦
â€“Â jpatokal
Nov 22 '14 at 10:45

I'd find out what the statutory cool-down time is. I'd imagine that repeated visits of such duration and frequency are red flags for any civil servants you have to deal with.
â€“Â Onno
Mar 31 '14 at 3:37

Hey Doug. It really sounds like these are questions you should be asking your company's lawyers rather than us here. I would feel incredibly uncomfortable knowing that any answer I provided would be used to 'make sure' over the advice of trained legal professionals.
â€“Â jmac
Mar 31 '14 at 6:39

Where does this 90 days come from? AFAIUI TN status (no visa required) for qualifying Canadian professionals lasts up to 3 years. H1B is for non-NAFTA citizenships.
â€“Â Spehro Pefhany
Mar 31 '14 at 12:45

You seem to have asked this on Travel.SE as well: travel.stackexchange.com/questions/25580/â€¦
â€“Â jpatokal
Nov 22 '14 at 10:45

add a commentÂ |Â

2 Answers
2

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up vote
1
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I've pasted the following from Canada.usembassy.gov:

The visa category "Professionals Under the North American Free Trade Agreement" (also known as a TN Visa) is available only to citizens of Canada and Mexico, under the terms of the North American Free Trade Agreement (NAFTA).

Qualifications for a "TN" visa

A citizen of a NAFTA country may work in a professional occupation in the U.S. provided:

the profession is recognized under NAFTA; and

the alien possesses the specific criteria for that profession; and

the prospective position requires someone in that professional capacity; and

the alien is going to work for a U.S. employer.
If all of these conditions are met, then a TN may be issued.

Generally H1B is a professional visa. Can you edit your post to indicate whether you are a Canadian citizen?

edited Mar 31 '14 at 7:43

Philipp

20.3k34885

answered Mar 31 '14 at 3:37

Meredith Poor

8,8661730

Edited my post.
â€“Â Doug Smith
Mar 31 '14 at 4:36

add a commentÂ |Â

up vote
1
down vote

http://travel.state.gov/content/visas/english/employment/nafta.html#doc

Eligibility for NAFTA Professional (TN) Nonimmigrant Status

Canadians and Mexicans may be eligible to work in the United States as NAFTA professionals under the following conditions:

 Applicant is a citizen of Canada or Mexico;
 Profession is on the NAFTA list;
 Position in the United States requires a NAFTA professional;
 Applicant will work in a prearranged full-time or part-time job for an employer (see Required Documentation). Self employment is not permitted;
 Applicant has the qualifications, meeting the specific requirements, education, and/or experience, of the profession.

With some exceptions, each profession requires a baccalaureate degree as an entry-level requirement. If a baccalaureate is required, experience cannot be substituted for that degree. In some professions, an alternative to a bachelor's degree is listed. For some professions, experience is required in addition to the degree. For a complete list of professions with minimum education requirements and alternative credentials, see Appendix 1603.D.1 of NAFTA Chapter 16.

Note: Requirements for Canadians and Mexicans are different, as explained below.

Requirements for Canadian Citizens

Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified Canadian TN visa applicants upon request.

A Canadian citizen without a TN visa can apply for TN nonimmigrant status at a U.S. port-of-entry. Learn about these requirements on the U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) websites. More information about TN nonimmigrant status is also available on the U.S. Embassy Ottawa website.

If you are applying for TN status, you should make sure you have the required fee and documentation (including an appropriate letter from the employer) at the border inspection, otherwise you're not going to be admitted.

answered Mar 31 '14 at 12:50

Spehro Pefhany

1,2401715

add a commentÂ |Â

2 Answers
2

active

oldest

votes

2 Answers
2

active

oldest

votes

up vote
1
down vote

I've pasted the following from Canada.usembassy.gov:

Qualifications for a "TN" visa

A citizen of a NAFTA country may work in a professional occupation in the U.S. provided:

the profession is recognized under NAFTA; and

the alien possesses the specific criteria for that profession; and

the prospective position requires someone in that professional capacity; and

the alien is going to work for a U.S. employer.
If all of these conditions are met, then a TN may be issued.

Generally H1B is a professional visa. Can you edit your post to indicate whether you are a Canadian citizen?

edited Mar 31 '14 at 7:43

Philipp

20.3k34885

answered Mar 31 '14 at 3:37

Meredith Poor

8,8661730

Edited my post.
â€“Â Doug Smith
Mar 31 '14 at 4:36

add a commentÂ |Â

up vote
1
down vote

I've pasted the following from Canada.usembassy.gov:

Qualifications for a "TN" visa

A citizen of a NAFTA country may work in a professional occupation in the U.S. provided:

the profession is recognized under NAFTA; and

the alien possesses the specific criteria for that profession; and

the prospective position requires someone in that professional capacity; and

the alien is going to work for a U.S. employer.
If all of these conditions are met, then a TN may be issued.

Generally H1B is a professional visa. Can you edit your post to indicate whether you are a Canadian citizen?

edited Mar 31 '14 at 7:43

Philipp

20.3k34885

answered Mar 31 '14 at 3:37

Meredith Poor

8,8661730

Edited my post.
â€“Â Doug Smith
Mar 31 '14 at 4:36

add a commentÂ |Â

up vote
1
down vote

I've pasted the following from Canada.usembassy.gov:

Qualifications for a "TN" visa

A citizen of a NAFTA country may work in a professional occupation in the U.S. provided:

the profession is recognized under NAFTA; and

the alien possesses the specific criteria for that profession; and

the prospective position requires someone in that professional capacity; and

the alien is going to work for a U.S. employer.
If all of these conditions are met, then a TN may be issued.

Generally H1B is a professional visa. Can you edit your post to indicate whether you are a Canadian citizen?

edited Mar 31 '14 at 7:43

Philipp

20.3k34885

answered Mar 31 '14 at 3:37

Meredith Poor

8,8661730

I've pasted the following from Canada.usembassy.gov:

Qualifications for a "TN" visa

A citizen of a NAFTA country may work in a professional occupation in the U.S. provided:

the profession is recognized under NAFTA; and

the alien possesses the specific criteria for that profession; and

the prospective position requires someone in that professional capacity; and

the alien is going to work for a U.S. employer.
If all of these conditions are met, then a TN may be issued.

Generally H1B is a professional visa. Can you edit your post to indicate whether you are a Canadian citizen?

edited Mar 31 '14 at 7:43

Philipp

20.3k34885

answered Mar 31 '14 at 3:37

Meredith Poor

8,8661730

edited Mar 31 '14 at 7:43

Philipp

20.3k34885

edited Mar 31 '14 at 7:43

Philipp

20.3k34885

edited Mar 31 '14 at 7:43

Philipp

20.3k34885

answered Mar 31 '14 at 3:37

Meredith Poor

8,8661730

answered Mar 31 '14 at 3:37

Meredith Poor

8,8661730

answered Mar 31 '14 at 3:37

Meredith Poor

8,8661730

Edited my post.
â€“Â Doug Smith
Mar 31 '14 at 4:36

add a commentÂ |Â

Edited my post.
â€“Â Doug Smith
Mar 31 '14 at 4:36

Edited my post.
â€“Â Doug Smith
Mar 31 '14 at 4:36

add a commentÂ |Â

up vote
1
down vote

http://travel.state.gov/content/visas/english/employment/nafta.html#doc

Eligibility for NAFTA Professional (TN) Nonimmigrant Status

Canadians and Mexicans may be eligible to work in the United States as NAFTA professionals under the following conditions:

 Applicant is a citizen of Canada or Mexico;
 Profession is on the NAFTA list;
 Position in the United States requires a NAFTA professional;
 Applicant will work in a prearranged full-time or part-time job for an employer (see Required Documentation). Self employment is not permitted;
 Applicant has the qualifications, meeting the specific requirements, education, and/or experience, of the profession.

With some exceptions, each profession requires a baccalaureate degree as an entry-level requirement. If a baccalaureate is required, experience cannot be substituted for that degree. In some professions, an alternative to a bachelor's degree is listed. For some professions, experience is required in addition to the degree. For a complete list of professions with minimum education requirements and alternative credentials, see Appendix 1603.D.1 of NAFTA Chapter 16.

Note: Requirements for Canadians and Mexicans are different, as explained below.

Requirements for Canadian Citizens

Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified Canadian TN visa applicants upon request.

A Canadian citizen without a TN visa can apply for TN nonimmigrant status at a U.S. port-of-entry. Learn about these requirements on the U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) websites. More information about TN nonimmigrant status is also available on the U.S. Embassy Ottawa website.

answered Mar 31 '14 at 12:50

Spehro Pefhany

1,2401715

add a commentÂ |Â

up vote
1
down vote

http://travel.state.gov/content/visas/english/employment/nafta.html#doc

Eligibility for NAFTA Professional (TN) Nonimmigrant Status

Canadians and Mexicans may be eligible to work in the United States as NAFTA professionals under the following conditions:

 Applicant is a citizen of Canada or Mexico;
 Profession is on the NAFTA list;
 Position in the United States requires a NAFTA professional;
 Applicant will work in a prearranged full-time or part-time job for an employer (see Required Documentation). Self employment is not permitted;
 Applicant has the qualifications, meeting the specific requirements, education, and/or experience, of the profession.

With some exceptions, each profession requires a baccalaureate degree as an entry-level requirement. If a baccalaureate is required, experience cannot be substituted for that degree. In some professions, an alternative to a bachelor's degree is listed. For some professions, experience is required in addition to the degree. For a complete list of professions with minimum education requirements and alternative credentials, see Appendix 1603.D.1 of NAFTA Chapter 16.

Note: Requirements for Canadians and Mexicans are different, as explained below.

Requirements for Canadian Citizens

Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified Canadian TN visa applicants upon request.

A Canadian citizen without a TN visa can apply for TN nonimmigrant status at a U.S. port-of-entry. Learn about these requirements on the U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) websites. More information about TN nonimmigrant status is also available on the U.S. Embassy Ottawa website.

answered Mar 31 '14 at 12:50

Spehro Pefhany

1,2401715

add a commentÂ |Â

up vote
1
down vote

http://travel.state.gov/content/visas/english/employment/nafta.html#doc

Eligibility for NAFTA Professional (TN) Nonimmigrant Status

Canadians and Mexicans may be eligible to work in the United States as NAFTA professionals under the following conditions:

 Applicant is a citizen of Canada or Mexico;
 Profession is on the NAFTA list;
 Position in the United States requires a NAFTA professional;
 Applicant will work in a prearranged full-time or part-time job for an employer (see Required Documentation). Self employment is not permitted;
 Applicant has the qualifications, meeting the specific requirements, education, and/or experience, of the profession.

With some exceptions, each profession requires a baccalaureate degree as an entry-level requirement. If a baccalaureate is required, experience cannot be substituted for that degree. In some professions, an alternative to a bachelor's degree is listed. For some professions, experience is required in addition to the degree. For a complete list of professions with minimum education requirements and alternative credentials, see Appendix 1603.D.1 of NAFTA Chapter 16.

Note: Requirements for Canadians and Mexicans are different, as explained below.

Requirements for Canadian Citizens

Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified Canadian TN visa applicants upon request.

A Canadian citizen without a TN visa can apply for TN nonimmigrant status at a U.S. port-of-entry. Learn about these requirements on the U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) websites. More information about TN nonimmigrant status is also available on the U.S. Embassy Ottawa website.

answered Mar 31 '14 at 12:50

Spehro Pefhany

1,2401715

http://travel.state.gov/content/visas/english/employment/nafta.html#doc

Eligibility for NAFTA Professional (TN) Nonimmigrant Status

Canadians and Mexicans may be eligible to work in the United States as NAFTA professionals under the following conditions:

 Applicant is a citizen of Canada or Mexico;
 Profession is on the NAFTA list;
 Position in the United States requires a NAFTA professional;
 Applicant will work in a prearranged full-time or part-time job for an employer (see Required Documentation). Self employment is not permitted;
 Applicant has the qualifications, meeting the specific requirements, education, and/or experience, of the profession.

With some exceptions, each profession requires a baccalaureate degree as an entry-level requirement. If a baccalaureate is required, experience cannot be substituted for that degree. In some professions, an alternative to a bachelor's degree is listed. For some professions, experience is required in addition to the degree. For a complete list of professions with minimum education requirements and alternative credentials, see Appendix 1603.D.1 of NAFTA Chapter 16.

Note: Requirements for Canadians and Mexicans are different, as explained below.

Requirements for Canadian Citizens

Canadian citizens usually do not need a visa as a NAFTA Professional, although a visa can be issued to qualified Canadian TN visa applicants upon request.

A Canadian citizen without a TN visa can apply for TN nonimmigrant status at a U.S. port-of-entry. Learn about these requirements on the U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) websites. More information about TN nonimmigrant status is also available on the U.S. Embassy Ottawa website.

answered Mar 31 '14 at 12:50

Spehro Pefhany

1,2401715

answered Mar 31 '14 at 12:50

Spehro Pefhany

1,2401715

answered Mar 31 '14 at 12:50

Spehro Pefhany

1,2401715

answered Mar 31 '14 at 12:50

Spehro Pefhany

1,2401715

add a commentÂ |Â

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