LAW OFFICE OF JOSEPH C. GRASMICK
Business Immigration

Dear Michael:

Thank you for your telephone call.

You mentioned that some prospective employers of Canadian computer specialists question whether they can use the NAFTA TN-1 permit for long-term U.S. employment assignments.

Please advise your clients there should not be a problem in this regard.

It is true that the TN---as well as all temporary immigration permits---require the person to have temporary intent.

Nevertheless, this temporary intent requirement still allows the person to remain in the U.S. for years. Put another way, "temporary" in the immigration rules is not the same as "temporary employment" in the business world.

Here are some facts for your use:

• There is no top cap on the total number of years a person can remain in the U.S. on TN-1 status. There are TN-1 applicants who have been on NAFTA status since the commencement of the original CFTA.
• When we draft TN applications we usually state that the person will be needed for several years. All such applications have been approved, in one-year increments.
• If there is a good chance a person will be employed for longer than two to three years, we suggest converting the TN-1 to a green card (permanent residency). Employers would probably want to do this anyway.

I hope this answers your questions.

I invite your employer clients to call my office with any questions. You or your client can set up a telephone appointment at http://www.grasmick.com/consult.htm. They may also refer to our Website: Canada to U.S. Business Immigration (www.grasmick.com).

Best regards,

LAW OFFICE OF JOSEPH C. GRASMICK

Joseph C. Grasmick