TN Status- Employer unwilling to sign off on a dedicated "TN employment letter"

N

NewTNstatus2020

New Member
I would like some advice on my situation. I am currently on post-completion OPT as a pharmacist for a hospital in the US. The employer is not willing to stray from their HR policies. They said they can provide me with my original offer letter (from 2019) and also a current employment verification letter, but they will not sign one specifically for TN status, even with me providing the draft.

Technically, their original offer letter and employment verification document would include all of the essential information including my position, job duties, and salary. Pharmacist is a clear TN occupation, so there isn't concern from that front. However, it would not include duration of employment, which is my main concern. Is there any chance this could still be approved? Could I draft a cover letter explaining that I plan to leave within 3 years?

I am planning to go to Pearson Airport. I'd appreciate advice on if there are specific ports that could give a greater chance. Someone told me that Fort Erie/Peace Bridge would be better than Pearson Airport. I am hoping that due to COVID, they can be a little lenient and their letter without a duration would work.

I also called CBP to inquire and someone told me that the employment letter specifically needs to be addressed to CBP and explicitly state that they are requesting permission for me for work authorization. Is this true?

I appreciate everyone's help. Thank you!
 
since the length is not there it implies it is full time. Same case with when they asked when will the project end.
"I said this is a full time position and there is no end date. projects and tasks keep coming as that is the nature of business."
you dont need to draft anything. take only the required documents, try to be honest and open, they just are making sure,
once you get into a comfortable mode with the officer things will be smooth.
 
uktee said:
since the length is not there it implies it is full time. Same case with when they asked when will the project end.
"I said this is a full time position and there is no end date. projects and tasks keep coming as that is the nature of business."
you dont need to draft anything. take only the required documents, try to be honest and open, they just are making sure,
once you get into a comfortable mode with the officer things will be smooth.
Click to expand...

But their letter won't even be specifically addressed regarding TN status. Nor will it be addressed to the CBP officer. Would that be fine? Because I am already working for them on OPT, so it's a little complicated.

The job offer letter is from 2019, they said they wouldn't draft a new one. And the employment verification letter would say I am employed by them.
The CBP officer on phone said it needs to specifically request which is why I am confused.
 
The CBP offcir is correct that there should be a specific TN letter, because NO offer sheet has the correct wording required by TN regs (especially the max 3 year duration). Whom it is addressed to is not important,
 
nelsona said:
The CBP offcir is correct that there should be a specific TN letter, because NO offer sheet has the correct wording required by TN regs (especially the max 3 year duration). Whom it is addressed to is not important,
Click to expand...

Can this duration be worded like "we would like to employ" name" under TN status for a period up to 3 years as allowed by NAFTA. Or does it need to specifically state temporary employment until this specific date.
 
It needs to say for a period of up to 3 years, or until a date which is less that 3 years from the day you show up at border. This is probably not in your offer letter.
 
Ask the HR dept if they have an immigration expert or legal team that deals with immigration issues. The hospital likely has several employees on various immigration visa/status, like you are currently on OPT, and has had to consult an immigration legal team in the past.

When I was hired on TN status, I received the traditional job offer letter with details like job title, base pay, bonus system, benefits provided, etc. (full time job, no end date)
The company also prepared a different document, a TN support letter, that must meet the CBP requirements, (ie. the three time limit) that is given to CBP when applying for TN status.

Explain to HR you need the Hospital legal team or outside immigration lawyer to prepare the TN support letter to switch your immigration status from OPT to TN status at POE.
If they really want to hire you, I don't see why they would object.

Now I know some people may chime in to say you don't need an immigration lawyer, but you tried without a lawyer and are getting roadblocks.
 
A lawyer won't help him get a better letter from a reluctant employer though.

Unless you are saying this HR department is dismissing this poster's advice is unqualified and will suddenly show respect to a stranger with J.D. after his/her name.
 
He certainly does not need a lawyer. His sponsor needs to be enlightened by THEIR lawyer. If they aren't, move on.
 
In my experience: ignorant employers' lawyers are the ones who are discouraging sponsorship letters, not the other way around.

Only when the employer tells their lawyer "this must happen, we're paying you to solve problems not be problems" do those lawyers suddenly discover the ability to write good support letters.
 
To me the main question is does this Hospital want to keep the employee or not.
The OP was hired on OPT status, which has an expiry date soon. To keep the OP on staff, they need switch to TN status (appears qualified) and need appropriate legal immigration advice on how to do that. (fine details of the TN support letter).

OP, @NewTNstatus2020 , please provide an update how this was resolved.
 
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