TN Offer letter question

P

Peter6084

New Member
Friends,

I got a full time position and I told my employer (HR) to give me a TN application letter saying the offer is temporary for 3 years and to change the title to systems analyst rather than systems architect.

The HR team is saying they cannot do that because once the I-9 form is submitted after I join they maybe an audit and they maybe fined or I have to be let go later if USCIS validates the TN letter vs Offer letter on the company payroll. (temporary vs full-time).

Should I let go off the very hard-earned job offer and look for something else or what should I say the HR to mention in the letter at the border and in the offer letter ?

Please guide me friends as its been a very tough journey for me and I dont want to be rejected at the border and also not let go of the full time job.

Thanks in advance.
 
You need to educate them that on TN including the fact that it allows for renewals and just like H1 is a temporary work visa, TN status is no different but much more easy to secure. You should not give up at all. Assuming you are eligible for TN, hopefully some convincing will result in them giving you the TN-specific letter. Remember what you present at the border is the TN letter (not the actual job offer letter)
 
Thank you very much for your reply Mister. You are my Saviour :) . I already have a TN stamp on my passport valid till May 2018 so changing companies now for my second TN.

Mister please see the attached snippet of my TN application letter which I prepared and sent to HR to sign and print it on their letterhead. The problem is they say the words where they have to mention temporary nature and temporary period. They do not want to mention temporary and they do not want to change the title to Datacenter Systems Analyst when the original title is : Datacenter Systems Architect.

I am scared if I dont do the above 2 changes (temporary and systems analyst) I might be rejected or asked more questions. The HR of the company already initiated an email to their attorneys at this time so not sure what is the outcome going to be or if the attorney knows how TN1 works.

Is there any alternate way to approach this letter for the below keywords since I want to talk to the HR directly and send them a better TN application letter ?

Thank You in advance.

TN Snippet.JPG
 
While in general, attorneys are not required for something as simple as getting a TN (if you qualify), in this case though, where your HR is expressing doubts, perhaps them involving an attorney is not a bad thing. The attorney will clarify to them likely that it is ok to word it appropriately. You should keep stressing (if required) on how this status is no different than H1 and anyone that gets hired in a company on a visa status is a temporary employee unless he/she gets his/her green card.

This said, to answer your second Q...if they prefer, they could re-word it to "We anticipate a need for xxx's services for a 3-yr period starting from September XYZ, 2017 until September XYZ-minus-one, 2020"

As for the job title, personally i wouldnt worry about it much. It's the TN category that is much more important (different organizations can have their own internal titles and they dont matter much).

HTH. Good luck.
 
Thank you very much for your reply Mister. I have followed your instructions and will keep you updated on how things go.

Have a good day !!!
 
Regardless of the company job title, one simple states in the letter that they are seeking a TN in a particular category; in this instance CSA.

I don't like dates in letters, but three years is three years.
 
Hi Mister/Nelsona,

Can you help me draft an appropriate response for the below statement from HR.

I spoke to HR and they said they will not mention any dates or any years because this is a full time position and as per their company rules they should not have any dates/years for full time employees. Also the HR said that what If I get terminated in 6 months of the 3 years validity then they have to pay me for the rest 2 1/2 years as per the TN agreement and as per California law.

I explained the best I could but they said sorry HR cannot mention any dates or any limitations on work period or mention any statement like this "for a 3-yr period starting from September XYZ, 2017 until September XYZ 2020".

Do I have any alternate options ? How will the Border Officer stamp on the passport without any end year/end date ?

Thanks in advance for your reply.
 
You should request to get on a call with HR and lawyers together. Unfortunately, I doubt CBP will issue TN without all required info (job duration is one of those) :(.

You need to then ask the lawyers in-effect to explain to HR.

"Also the HR said that what If I get terminated in 6 months of the 3 years validity then they have to pay me for the rest 2 1/2 years as per the TN agreement and as per California law" - TBH, this is news to me. I dont think there is any such provision but i might be mistaken
 
There is no such provision. They simply word it "a period no longer than 3 years". They are confusing a contract with a TN letter. It is not a "TN agreement".

I guess you could have it explained to them that hiring you on TN for a period longer than 3 years at a time would be a violation of federal immigration law, and would result in denial.

Your other option is to go to the border with what you have, and once denied, CBP will give a detailed explanation why their letter was garbage, and then they can fix it.
 
Thank you Mister and Nelson for your quick valuable replies and indeed you both are awesome experts.

Somewhere I felt I was being played with these guys going round and round and me making numerous calls to HR for the letter and today finally they take the call and HR gives me this BS.

Appreciate all your help and I dont want to be rejected at the border I will search and move with something else.

Thank you both very much. :)
 
good luck. Its unfortunate they are giving you a hard time for something as simple as this. I'd still say ... ask them to get lawyers on the phone with you to make your case...
 
Peter6084 said:
Thank you Mister and Nelson for your quick valuable replies and indeed you both are awesome experts.

Somewhere I felt I was being played with these guys going round and round and me making numerous calls to HR for the letter and today finally they take the call and HR gives me this BS.

Appreciate all your help and I dont want to be rejected at the border I will search and move with something else.

Thank you both very much. :)
Click to expand...
How did everything go? I'm also trying to apply through TN visa for Cali from Canada as an Architect.
 
Hello Mister said:
While in general, attorneys are not required for something as simple as getting a TN (if you qualify), in this case though, where your HR is expressing doubts, perhaps them involving an attorney is not a bad thing. The attorney will clarify to them likely that it is ok to word it appropriately. You should keep stressing (if required) on how this status is no different than H1 and anyone that gets hired in a company on a visa status is a temporary employee unless he/she gets his/her green card.

This said, to answer your second Q...if they prefer, they could re-word it to "We anticipate a need for xxx's services for a 3-yr period starting from September XYZ, 2017 until September XYZ-minus-one, 2020"

As for the job title, personally i wouldnt worry about it much. It's the TN category that is much more important (different organizations can have their own internal titles and they dont matter much).

HTH. Good luck.
Click to expand...
Looks that your company seldom hire foreigners, tech company HR who constantly hire foreigners are always more helpful on this.
 
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