TN Employment Letter

[sjj427 0]

I would like to know if there are any legal ramifications for the employer in creating an employment letter for me.

I am a Canadian citizen and currently working at a social worker position (which is on the NAFTA list) in the U.S. through OPT. I've been going through some trouble with my employer (particularly the HR department) regarding plans for how I can remain work eligible once my OPT expires. The employer is refusing to help me at all with getting my TN, although to my knowledge it seems like a very straightforward process - I just need an employment letter from them! I feel like they are afraid of showing their extreme incompetence in dealing with immigration issues, and they have told me the agency's policy is that they do not get involved in ANY WAY whatsoever in an employee's visa process.

I'm at a loss as to what I should do. Is the employer going to be held accountable somehow? How should they fill out the time period of employment (they have an issue with that because its not like they can guarantee that I'd continue to work here)? Why would they completely refuse doing this letter for me? Should I get a lawyer and have them draft a letter?

I thought the TN process was going to be a little easier than this; and if anything, there would be issues at the port of entry...NOT from my employer.

Any words of advice would be extremely helpful.

[Chickaflick 0]

They have to write a letter and it's really no different then if you were applying for a mortgage at a bank or something. I did this for 3 years. They write a letter on letterhead stating who you are, what you do and that they will need you for exactly one year. Thats it. If they let you go, or you quit, they have nothing further to do with you and you have to leave the country or find another job asap with an employer who will write you another fancy letter

[Mestis 1]

I was in the similar situation at a point.. I was working as a temp for a company though an agency.. The company was bough by another company and wanted to transfer all their contractors to another agency. The new agency had in its policy to never sponsor for immigration... Even if I was telling them what you told them. It's just a letter saying that I'll be working for you, salary, duration and location. Thankfully, the company wanted to keep me so they decided to keep me on my old agency (which was better for me anyway.. no need to renew my TN right away and they actually had benefits, which the new contracting company did not).

TN is the easiest work visa to get if you are clearly in one of the category. Easiest both for the employer (no responsibility towards the employee) and the employee (low cost) At my first job, I basically wrote the letter myself and ask them to sign it. For some reason after, they went for the expensive lawyer for the renewals... Bring a sample letter to the company, and tell them "that's all I need and I'll take care of the rest".... Which would be either a change of status or just cross the closest border.

They are no accountable to employ you the duration of what is in the letter. They are not accountable to send you home after the job.

By the way, you can have 1 TN for 3 years now.

In any case, good luck!

Edited November 4, 2011 by Mestis