TN visa required documents

C

Civeng15

New Member
Hi everyone,
I am a Canadian citizen and currently have an offer from an engineering firm from USA. The offer letter mentions the following:
1- The offer letter has in it Engineering specialist as a job position and not Engineer ( I have a bachelor and a master degree from Canada - 7 years of engineering experience - registered professional engineer in three provinces). Is that okay or should mention ''Engineer'' as specified on NAFTA,
2- The position is permanent,
3- doesn't mention TN visa at all.
Finally, do I have to request a supporting letter from them? I am trying to avoid that because when I talked to them the first time I told them that I only need an offer letter to get a visa and wasn't aware of these details. I am scared because they may cancel the offer if they realize it is a sponsorship.
Thank you!
 
Hello

1. It (TN support letter) can mention Engineering specialist as a job position BUT it must also mention that the job qualifies under the Engineer NAFTA category (lookup the job code also online)
2. Remember that until you have gone through the process of PERM--> 140-->485 and issued a GC by USCIS, your employment is always temporary. The support letter should indicate that the employment is for a certain period of time (3 yrs max). Of course once you reach closer to the 3-yr period, you can get another TN and continue to be employed. Word of advice - you dont really want to use the word 'permanent' when requesting TN since the employment is temp
3- Unfortunately, you will have to secure a properly authored letter of support for TN to be granted the TN status (its not a visa for Canadians). The offer letter is NOT a substitute for it. The TN support letter needs to have certain imp things like what the job is, why you fit under that category, equivalency of degrees (if applicable). Its not a difficult letter (there are many examples online) so I hope the company that intends to hire you can issue you such a letter. Also, if you have dependents, once you are ready to go to a POE, take along your marriage certificate and birth certificates for children to get TD status for them

Good luck!
 
Hello Mister said:
Hello

1. It (TN support letter) can mention Engineering specialist as a job position BUT it must also mention that the job qualifies under the Engineer NAFTA category (lookup the job code also online)
2. Remember that until you have gone through the process of PERM--> 140-->485 and issued a GC by USCIS, your employment is always temporary. The support letter should indicate that the employment is for a certain period of time (3 yrs max). Of course once you reach closer to the 3-yr period, you can get another TN and continue to be employed. Word of advice - you dont really want to use the word 'permanent' when requesting TN since the employment is temp
3- Unfortunately, you will have to secure a properly authored letter of support for TN to be granted the TN status (its not a visa for Canadians). The offer letter is NOT a substitute for it. The TN support letter needs to have certain imp things like what the job is, why you fit under that category, equivalency of degrees (if applicable). Its not a difficult letter (there are many examples online) so I hope the company that intends to hire you can issue you such a letter. Also, if you have dependents, once you are ready to go to a POE, take along your marriage certificate and birth certificates for children to get TD status for them

Good luck!
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Thanks Hello Mister for the useful comments.
Just want to know if the Supporting letter from employer is mandatory for TN visa?
 
As mister just said, it IS. It is impossible that the employer will write an offer letter that satisfies all the requirements for a TN letter.
It already disqualifies you by stating that the job is permanent, and not for a period no greater than 3 years. It likely also fails to adequately describe your duties as that of an engineer (not just the title).
It does not have to necessarily mention TN, but, since it needs all these other itiems, it would be silly not to state the letter's intent: to get a TN.
 
just to add, it seems your profile is a pretty solid one for the Engineer category TN. You should perhaps provide them (your employer) a sample TN letter and tell them thats all thats needed from their side. This letter describes:

1. Request for TN
2. Category --> Engineer
3. Job responsibilities and how your coursework + experience is an ideal fit for this category
4. Duration of employment --> TEMPorary for 'X amount of time (not to cross 3 yrs)
5. Proposed remuneration
 
Experience is NOT to be mentioned in an engineering TN request since (a) it doesn't count, and (b) the employer has no way of knowing/proving said experience. (#3 above is inappropriate).
IF experience degree etc were required, the employee would need to provide independent proof, not the employer letter.
 
Thanks to both of you for the useful and valuable information.
I checked many sources and dont really say what exactly needed for tn visa, different people saying different requirements. Some sources are mentioning: proof of citizenship + offer letter + diplomats.
Is there a governmental source where lists the required documents?
Do I need an offer letter AND a supporting letter from employer?
 
You do not need an offer letter; that is for employment purposes. You have the job, you don't have the TN.
This is the CBP handbook that the border follows
http://spatialnews.geocomm.com/features/tnvisa/naftahan.pdf
" The documentation shall fully affirm:
(A) The Appendix 1603.D.1 profession of the applicant;
(B) A description of the professional activities, including a brief summary of daily job duties, if appropriate, which the applicant will engage in for the United States employer/entity;
(C) The anticipated length of stay;
(D) The educational qualifications or appropriate credentials which demonstrate that the Canadian citizen has professional level status;
(E) The arrangements for remuneration for services to be rendered; and
(F) If required by state or local law, that the Canadian citizen complies with all applicable laws and/or licensing"​
All except (D) and (F) are to be provided by the employer. If your offer letter must contain (A), (B), (C), and (F) -- as we have already said (we don't pull these answers out of our a$$e$, eh), if it has these then you can use that. Your clearly doesn't. so you need them to write a support letter that does: what we in the know call a "TN letter".

Ask your source what "diplomats" means . It is obvious nonsense.
 
nelsona said:
You do not need an offer letter; that is for employment purposes. You have the job, you don't have the TN.
This is the CBP handbook that the border follows

" The documentation shall fully affirm:
(A) The Appendix 1603.D.1 profession of the applicant;
(B) A description of the professional activities, including a brief summary of daily job duties, if appropriate, which the applicant will engage in for the United States employer/entity;
(C) The anticipated length of stay;
(D) The educational qualifications or appropriate credentials which demonstrate that the Canadian citizen has professional level status;
(E) The arrangements for remuneration for services to be rendered; and
(F) If required by state or local law, that the Canadian citizen complies with all applicable laws and/or licensing"​
All except (D) and (F) are to be provided by the employer. If your offer letter must contain (A), (B), (C), and (F) -- as we have already said (we don't pull these answers out of our a$$e$, eh), if it has these then you can use that. Your clearly doesn't. so you need them to write a support letter that does: what we in the know call a "TN letter".

Ask your source what "diplomats" means . It is obvious nonsense.
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Nelson your help is much appreciated and thank you again.
The handbook from the link you provided (page 140) mentions the following:
SUMMARY CANADIAN TN PROCESSING INSTRUCTIONS
The application for entry as a TN must be made in person to an immigration officer at a port of entry. There is no written application, and no prior petition, labor certification, or prior approval may be required for Canadian citizens applying for admission to the U.S. in TN status. Documentation from the prospective employer in the U.S. must include the following:
· A statement (in the form of a letter or contract) of the professional-level activity listed in Appendix 1603.D.1, in which the applicant will be engaging and a full description of the nature of the job duties the applicant will be performing, the anticipated length of stay, and the arrangements for remuneration;
· Evidence that the applicant meets the educational qualifications or alternative credentials for the activity listed in Appendix 1603.D.1; and
· Evidence that all licensure requirements, where required by state or local law, have been satisfied.
· Evidence of Canadian citizenship or oral declaration (if satisfied)
· Applicant must be otherwise admissible
Perform all database checks.
Collect fee: $50.00; issue fee receipt (G-211)

As I mentioned in my initial post, I am trying to avoid as mach as possible to not show to the employer in the letter that I am currently writing that I need a sponsorship and the paragraph that I copied above doesn't clearly mention that.
Please I need your opinion on the following sentences I am including in the letter:
Subject: Subject: Supporting Letter for TN-1 (Trade NAFTA) Application for XXXXXXXXXX
At the end of the letter: Therefore, we respectfully request that Mr. xxxxxxxx be admitted to the United States for a period of three (3) years from the date of entry in TN status. Both xxxxxxxx and Mr. xxxxxxx are fully aware of the temporary nature of TN status.

I only mentioned the involvement of the employer in the last sentence and it is possible to delete it?
Thank you!
 
When you ask the employer to sign and send this custom letter that you are authoring, wont they ask why you want them to send this letter? I would argue instead that the moment you include the "end of the letter" lines, they will know you are asking for something that requires sponsorship albeit, it is FREE sponsorship and doesnt cost them a dime. The 'subject' part gives the same impression. As long as the letter captures the things nelsona mentioned in his email, you will be ok
 
Hello Mister said:
When you ask the employer to sign and send this custom letter that you are authoring, wont they ask why you want them to send this letter? I would argue instead that the moment you include the "end of the letter" lines, they will know you are asking for something that requires sponsorship albeit, it is FREE sponsorship and doesnt cost them a dime. The 'subject' part gives the same impression. As long as the letter captures the things nelsona mentioned in his email, you will be ok
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Thanks Mister,
Another question please. Can this letter be without the mentioned subject and last sentence where there is a kind of employer involvement or sponsorship?
Why I am asking this, because I got this position through a recruiter ( I had 2 phone interviews and even went in person to meet the company VP and 4 engineering managers couple weeks ago before giving me the offer. When they asked me, I told them I just need an offer letter from you) and yesterday when I checked the position description on the employer website it says '' Sponsership: No''.
 
Unfortunately not...those lines are needed but you should tell them this is not a sponsorship but simply a letter from them that they have to sign without spending any money on it
 
Hey, YOU made the mistake of under-reporting what the employer needed to do, so now you need to be a big boy, stop repeating questions, and tell your employer what he needs to do, which is write a damn TN letter.
 
nelsona said:
Hey, YOU made the mistake of under-reporting what the employer needed to do, so now you need to be a big boy, stop repeating questions, and tell your employer what he needs to do, which is write a damn TN letter.
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Hey Nelsons, I wasn't aware of that. Before meeting people from the company, I talk to someone who went through this and he told me that I only need an offer letter :)
Thanks to both of you!
 
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Civeng15 said:
Hey Nelsons, I wasn't aware of that. Before meeting people from the company, I talk to someone who went through this and he told me that I only need an offer letter :)
Thanks to both of you!
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Hello @Civeng15! I am in the process of preparing my TN support letter to apply for a TN visa. Would you please share your experience getting one at a POE?
Would appreciate any input you’re Annie to provide.
 
Archer27 said:
Hello @Civeng15! I am in the process of preparing my TN support letter to apply for a TN visa. Would you please share your experience getting one at a POE?
Would appreciate any input you’re Annie to provide.
Click to expand...
IMO if you are preparing the support letter for the employer to review, then follow the format of your previous support letter.

If you have never had a previous support letter, I suggest getting a lawyer to assist in drafting.

In my time I had 3-4 different lawyers prepare letters, and would re-use the style of whichever I liked best when a lawyer was not provided.
 
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