Professional Employment Organization and TN Status

[mphob42]

I'm currently on a TN status (Canadian) but have a new job offer with another company. The company uses a professional employment organization. Here's what's written in the job offer:

"Our benefits, payroll, and other human resource management services are provided through TriNet HR Corporation, a professional employer organization. As a result of <company>’s arrangement with TriNet, TriNet will be considered your employer of record for these purposes and your managers here at <company> will be responsible for directing your work, reviewing your performance, and setting your schedule"

In this case, who would petition for the TN status? TriNet, or the actual company I would be working for?

Thanks

 

[nelsona]

It could be either, as long as the letter spells this out. Your employer is really your sponsor, and would be acting as such by providing the letter. TriNet reaaly wouldn't need to get involved,

 

[grant2]

Agreed, TriNet should not be mentioned in the letter. My current TN is with an employer who also contracts through TriNet.

My rule of thumb is: If the border officer calls the person who signed the offer/petition letter, are they going to answer "Thanks for calling XYZ co?" Then you put XYZ Co as the petitioner.