Employer backing out

P

petra

New Member
Hi,

As a Canadian I had an employer extremely interested in me, and the official job offer was meant to be sent this week. Instead, they are backing out due to the following reasons, as sent by them:

We have consulted with an immigration attorney and understand that the TN visa is considered an employer-sponsored visa. We do not offer sponsorships. In addition, it is our understanding that the TN visa is a visa for temporary entry, and that the work assignment must end at a predictable time. The position is not technically a temporary position - for us to act as if it were would not be accurate.

Are their reasons valid or should I challenge them?

The position would have had a contract with a specified duration of 3 years. I could have just renewed after the 3 years?
 
You can remind them that while they are indeed sponsoring you, their involvement is minimal (unlike H1-B), limited to providing an offer letter.
While the TN status is only for 3 years at a time, it can be renewed indefinitely. It can be for full-time positions in a firms org chart, not only supernumerary positions (like consultants). It is not limited to temporary assignments.
But, ultimately, it is their choice to employ you or not.
 
In addition to the comments made by nelsona with which I agree, an attorney many years ago explained it to me as follows (albeit he was talking about H-1B but the comments apply to TN): the position can be permanent but you are filling it (on TN or whatever) on a temporary basis. The position is permanent in the sense that the current expectation is that if the employee leaves the job (for whatever reason), someone would be hired to replace them. Most states in the US are "at will" states and there are many reasons why an individual can leave a job: fired, laid off, quit, etc. The possibility of immigration status not being renewed simply adds another possible reason why someone might leave a job.

The job is permanent but it is filled by a nonimmigrant worker on a temporary basis.

This differs from a truly temporary job where once the job is done, it is done, and neither the original worker nor any successor will remain employed.

That said nelsona is of course right that while their involvement in "sponsoring" is minimal, they are under no legal obligation to provide even that minimal support to help you get a TN.
 
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