TN visa. Offer letter vs. TN employment letter.

T

Theonejm

New Member
My current TN is expiring in August 2018. Tried to get a new one, for same employer. I presented the officer a TN employment letter that provides info about employer, why i am best fit, my qualifications, salary, duties and specific time frame, etc. Same format used for first TN. The letter is addressed to the HS border agents and signed by employer.

The border agent first request i show him an offer letter, he claims the TN employment letter is not an offer letter as it is not addressed to employee.

He says he cannot begin process without an offer letter. I should get one and retun.

My question is this a new thing? I thought a well structured TN employment letter addressed to border service agent was what was needed and not the job offer letter to employee.

Thanks for your response..
 
I've never heard of offer letter being a requirement.
Almost no offer letter meets the TN requirements. Your TN letter was fine (although it should not state anything about your abilities -- they don't need to prove why they are hiring you, or qualifications -- it is up to you to show educational credentials, not your firm).

You should always ask for a supervisor when confronted with new or unexpected requirements, since nothing has changed on TN. Did he give you the rejection form?
 
Thanks, Nelson for your response. I will ask for a supervisor if I run into problems next time. No, I was not given a rejection form. I was admitted under the current TN which still has about 1 month left. I was provided with a "U.S CBP NAFTA TN eligibility Checklist", The first thing on the checklist is "Offer of Employment Letter"
Which it states should list the job title, job description, sources of remuneration (not sure what to provide here since my employer is a government entity), salary, benefits, duration of employment.


My Questions:
1) who should the "Offer of Employment Letter" be addressed to, the employee or CBP?
2) Should the Offer letter list the educational and experience requirements for the Job? I have seen some that state the requirements and then state how the employee meets those requirements. If i understand you correctly, that is not required and should not be done?
3) where can I find a recent sample TN offer letter for reference?

Thank you so much for your assistance and time.
 
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The list they gave you is complete, and matched what I told you what was not needed.
The TN letter can be written to you or the CBP (especially if it requests a particular TN category)
 
Thanks, nelsona, I am applying under the Accountant TN category. Job title: Audit Manager.
 
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- My offer letters are always addressed to DHS
- It lists the specifics of the job (Short Company bio, duration, compensation, job duties)
- It reiterates my education + states how my experience + education are a match for the job duties.
- Is specific about which job category I am applying for the permit under. (eg, "Accountant Classification; internal job title Audit Manager")
 
"It reiterates my education + states how my experience + education are a match for the job duties.".

Your firm is not qualified to make that statement. Besides, they are hiring you, so to say they think you are qualified is a bit redundant. They wouldn't be hiring you if they didn't think you were qualified for the job.

You prove your education (and in rare cases experience letters), and CBP evaluated if it qualifies. Nothing to do with firm.
 
Hi, I am not sure if I should be starting a new thread, but as mentioned, before I am applying under the Accountant TN category. Job title: Audit Manager. I have heard that CBP is very skeptical of internal job titles with "Manager" in it. They are concerned that I may spend more time managing people than doing the duties for the professional TN category. Also, they are concerned that a TN holder has direct reports, as I have heard this is prohibited.

My question is this:

Do they CBP typically have a problem if a "Manager position" supervises other individuals? I will NOT have the authority to hire or fire these individuals but will supervise directly. They report to me on a project basis, leave approval as it may impact projects I am managing.

Any advice on pitfalls / mistakes to avoid in a verbal interview/call to the employer would be helpful. (note: I will not mention direct reports in the TN letter but will highlight the Accountant duties I will be performing).

Thank you.
 
It is not necessary to have the internal job title in the letter. It should simply ask for TN under accountant category and describe the job/tasks you will be doing. You will be auditing. They don't like "manager" in the letter, just like they don't like "programming" or "sales".
 
Oh, my letter has a leady been signed and prepared, my boss has left for vacation and will not return in time. I have already booked a flight to POE . The current letter does identify Nafta position as Accountant but does give the internal job title as Audit Manager (TN: Accountant). So is likely it will get denied with this?
 
You don't have much choice at this point. You had mentioned:
"(note: I will not mention direct reports in the TN letter but will highlight the Accountant duties I will be performing)."

I took that to mean the letter wasn't done yet, since once the letter is written, you are in no position to "not mention" or "highlight" anything. The letter is what it is at that point. This is not an interactive interview process. you hand them your docs, and say nothing until they come back and ask you a question.
 
Sorry, you right the use of the future tense does imply that. I guess the letter is what it is at this point. Do you know what their concern typically is with "Manager" title, so in case I get asked I know how to reassure them otherwise?
 
I just came across from the State Department's Foreign Affairs Manual which might be helpful:
9 FAM 402.17
NAFTA PROFESSIONALS – TN AND TD VISAS

(06-01-2018)

b. Manager/Supervisor Positions: Management and/or executive positions can meet
the requirements outlined for classification as a NAFTA professional. However, the
consular officer must confirm that the management or executive position requires
professional-level knowledge in order to successfully meet the job requirements. For
example, an architect whose primary job will be to supervise other architects may be
approvable even though the TN worker will not directly be engaging in architectural
design, but rather using their professional expertise to assess the work of other
architects, which requires at least a B.A. or professional credential in architecture. If
the supervisory position is more administrative in nature, e.g. ensuring compliance
with company regulations and policies, this would likely not require the professional
credentialing in order to be successful. As such, it may not meet the requirements for
TN classification.

source: url://fam.state.gov/fam/09FAM/09FAM040217.html

replace "url:" with "https:above.
 
Helpful for Consular staff. Not necessarily helpful for you standing in front of CBP officer.
 
I see your point, it's a consular staff manual not for CBP.

1) Do you have any advice on what their concern typically is with "Manager" job titles, so in case I get asked I know how to reassure them otherwise/ what to avoid saying?

2) Also, is it best to go to POE after business hours or during?

Thank you for all your great advice.
 
I think the concerns are mentioned in that paragraph you quoted, no? Managers of an Engineering department do little engineering, for example.

TN is a business transaction, Treat it as such. They may need to contact your HR/supervisor.

In any event, you came here with one concern, why get into others? Time to get your new TN.
 
nelsona said:
"It reiterates my education + states how my experience + education are a match for the job duties.".

Your firm is not qualified to make that statement. Besides, they are hiring you, so to say they think you are qualified is a bit redundant. They wouldn't be hiring you if they didn't think you were qualified for the job.
Click to expand...

Yet the company-hired lawyers who write my letters usually include such language. Perhaps it's useless decoration, or perhaps experience has taught them it makes the application appear more bona fide? Neither me nor my lawyer have ever felt the need to change such language.

It is not necessary to have the internal job title in the letter.
Click to expand...

I agree fully, and I think including an internal job title can only hurt and never help.

However, in at least 2 instances, the employers simply refused to write an offer letter which did not include the internal job title, because they were paranoid about appearing to misrepresent the offer.
 
Theonejm said:
Sorry, you right the use of the future tense does imply that. I guess the letter is what it is at this point. Do you know what their concern typically is with "Manager" title, so in case I get asked I know how to reassure them otherwise?
Click to expand...

Well you have to answer truthfully, but as nelsona mentioned, there's rarely if ever any questions.
 
Well I am happy to report that I went today to the POE and was approved for another three years!, no questions asked.

I was able to get the offer letter re done/signed, removing the internal job title. Also, even though I had two versions of letter, 1- addressed to CBP and another adressed to me, I provided the letter that was addressed to the CBP and this officer had no problems/questions about it.

The entire process took about 10 minutes. I also did a lot of praying and the LORD came through, the officer barely glanced at the letter.

Have faith, there was about three other individuals ahead of me and they all got approved.

Thanks for all the great advice on this forumn. All the best.
 
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