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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
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I applied for a position as a librarian (NAFTA protected)

Customer Question

Hi, I applied for a position as a librarian (NAFTA protected) and met all the requirements. The hiring committee recommended me to HR , but they denied the hire because they "could not fulfill the terms of a TN visa" - specifically, they were concerned that they had to have guaranteed employment for 3 years when there was a 6-month probationary period. Do I have any legal recourse?
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: North Carolina
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: I'm a Canadian Citizen, hoping to relocate to here while my partner is on a 2 year contract?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. As we work through your questions, think about this as a back and forth conversation. Once you've received the information you need, you can thank me by issuing me a positive rating of 3, 4, or 5 stars. This is the only way I get credit for doing my job, so please do not forget this before leaving the site.

What kind of legal recourse are you referring to? Are you asking if there is a way to get around the 3-year requirement?

Customer: replied 1 year ago.
Is there a way to issue a TN visa for a position with a 6-month probationary period?
Customer: replied 1 year ago.
if there is, is there a way for me to communicate this to the county (good documentation or something) in order to get them to reconsider
Expert:  Expert James replied 1 year ago.

The county? Is that your prospective employer?

Expert:  Expert James replied 1 year ago.

Also, I am a little confused. Who said that the term of employment must be for 3 years?

Customer: replied 1 year ago.
The lawyer at the County Human Resources department (the prospective employer is a local county library) read the terms of a TN visa and believes it has to be guaranteed employment for 3 years. My understanding is that this is incorrect, but I wanted to check in with a lawyer.
Expert:  Expert James replied 1 year ago.

OK, thank you very much. Kindly remember that I do not get a salary here. Your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

ANSWER: The TN does not require any employer to sponsor or hire an alien for any specific amount of time, but it LIMITS the maximum initially issued to 3 years MAXIMUM.

So if the contract is for less time, that is perfectly fine. So even if a contract says 6 months probation, as long as the maximum duration of initial employment in the contract is 3 years, there is no issue. They can even ask for a 6 months duration, and then extend it an indefinite number of times if they want to.

Of course, all of that is completely separate and apart from the fact that they do not have to hire you if they do not want to. You cannot force them to do that and to sponsor your TN. It is up to them if they want to do that or not.

I hope I have answered your questions. I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

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Thank you!

Expert:  Expert James replied 1 year ago.

Hi, I’m just checking in to see how things are going.

I see you have reviewed my answer but I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Thank you.