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TN status question: Do my work hours and pay have to be exactly as indicated on my employer offer letter?

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Filed: Timeline
Posted

I have a company interested in sponsoring me to work for them in the US however the position is of a consulting nature and it is difficult to determine just how many hours I'll be working. Their business could pick up or slow down, with more or less demand for me.

As far as I understand, the offer letter should show an amount that is high enough to support myself. If I work fewer hours after I get in to the US, is that something that could get me in trouble with immigration? Would they even bother to follow up on such a detail?

Any opinions would be appreciated. Thanks!

Filed: AOS (apr) Country: Canada
Timeline
Posted

I doubt if anyone will check that. I wouldnt worry about it. Your TN status does not, however, allow you to be "benched", paid or not. You have to work...But again, does anyone keep track? Doubtful. Still, I HIGHLY recommend always following the rules and abiding by the legalities of the country you're requesting a stay in ...

Your TN application is likely to get denied if the salary listed in the employment isnt enough for one to stay financially afloat or if it is significantly lower that it pays on average. An accountant right out of college usually starts a, say, t 40k in a region and they list your salary as 25k, it might raise some eyebrows and questioning from CBP.

Make sure you letter clearly states your Nafta category, the name of the company you'll be working for, the salary, duration, and make sure your education qualifies you (ie. you cant be an accountant if your major was marketing).

And just so you know, make sure you have your ducks in a row, because the consultant category is by far the most scrutinized and denied as it's been abused in the past and CBP agents know that. Maybe google TN and Consultant and familiarize yourself with the best way to approach this.

Good luck. I've been in a TN before and as long as your letter is properly written and you qualitfy for the category, it's an easy enough process. :dance:

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Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

I would not completely agree with post #2, now days they are getting more strict and they are asking you to submit LOA from clients if you are into consulting business.

They want to see that you have an end client contract, I work for one of top 3 consulting company and I know we have to provide these letters to USCIS.

They are also trying to stop the 3rd party contracts. You cannot be benched where there is time when company is not paying you, legally that would jepordize your status.

 
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