LC from TN - employer will not commit

ahasnain

Registered Users (C)
Darn!!!

Just have a frustrating story to share with you all. If anybody has gone thru similar experience pls share your story.....

Applied for a Senior Internal Auditor role with a non-profit (medical field) in US, currently living in Canada with Accountant TN w/occasional travel to US in current job in Canada.

I waited until my THIRD interview (via videoconference) to raise the issue of TN and request "conversion" to "permanent" status (wink wink). I got a verbal job offer, with formal written one pending.

Verbally, at first the hiring mgr said "not a problem we do this all the time". Next thing I know, I'm getting a call from HR saying they're not going to put anything in writing on my offer later at all, but that they're willing to bring me in on a TN!

I told them I'm already on a TN, they're not doing me a huge favor or something special by bringing me in on a TN!!!!

So, without any commitment of LC or GC proceedings, I declined the job offer.

How ridiculous. I mean, what the heck does a guy have to do to get an employer to state something in writing on the offer letter that they will submit LC!! OK - I will now go stick my head in the sand!

Anyone with any suggestions? Do I need to perform some kind of dance to get employers to commit to doing an LC? We're talking about an Auditor with over a decade of experience, team lead type roles here!!
 
Its a market thing. You want a job offer with a guarntee, and haven't found a willing firm.

One of you will have to blink.

What about actually working for the firm a few months, proving your worth and then demanding PERM?
 
Yes, I think you have it right. At some point I'm going to have to ask myself - is there an employer out there who will put stuff in writing on an offer letter? And invariably, the answer is "NO" - or so I find from expereince.

Problem is, I tried this before and got burned. I spent 2 years working for a very large, well-known financial services institution in Toronto, got "transferred" to their back office in Florida and after 4 wonderful years (2001-2005), I got told to &*^% off. HR and lawyers refused to do PERM for me.

So once bitten twice shy.

Heck I even asked these folks (the ones I just interviewed with and declined the offer), whether they could put something in offer letter along the lines of "If the 6 month probation period is passed, and a further 6 months of solid performance rating or above, we will file for PERM". I even offered to pay for the whole thing. Still no commitment. Cant move wife and 2 small kids down on that type of flimsy arrangement. And yet, it's also true few employers will stick their neck out and put stuff in writing on offer letter.

Guess I've gotta keep trying!! Surely, someone out there needs someone exactly like me!!
 
In the late 1990's, some employers were filing LC and I-140 WHILE or BEFORE hiring (as an incentive), and the worker would come down either with a GC in hand, or with an EAD within 3 months, GC to quickly follow.

Those were the days...
 
LC means "Labor Certification" - usually the first step in the employer based green card process, where an employer attempts to prove your uniqueness in the local market as a basis to justify your petition for permanent residency.
 
What about actually working for the firm a few months, proving your worth and then demanding PERM?

At that point you need to be prepared to walk if they say No; it's far easier for you to turn down the offer than it is to walk when they say no again.
 
Nelsona - thanks for the correction. LC process has indeed been replaced by PERM.

TRC - you have it right as well. If your'e moving on to a similar job (in my case, Accountant category), in theory it shouldnt be too hard to "hop" onto another employer - especially if you're in a strong job market. However, in practice, the risk is always there that you'll get stuck. And then you're in trouble because that's when the employer can fully take advantage of your situation if they so desire. Pretty much exactly what happened to me in 2005 - except I was on an L1B at the time, not TN.
 
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