Denied TN application; "temp agency not allowed"

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BrianGNew Member
Topic author
Posts: 3
Joined: 5 Apr 2008

Denied TN application; "temp agency not allowed"

Post Sat Apr 05, 2008 6:18 pm

All -

I can definitely use any and all advice you may have. My fiancee (also a Canadian) flew through Vancouver today to apply for a new TN visa. She is applying to work in a biology-related role at a pharmaceutical company, though it's contract work (she's being placed and paid by a staffing agency). She was denied.

The explanation given was that:

a) They don't permit people to work via "temp agencies" - they said they would have approved it if the letter of support came from the pharmaceutical company itself
b) The letter didn't properly state the TN job category (biologist); but the agent stressed that this wasn't the primary concern

Point (b) can certainly be easily changed on the letter, but point (a) was one I couldn't find support for anywhere online. She's done contract work through a third party agency in the past as well, and hasn't been denied a TN previously.

She says she was never offered the opportunity to withdraw her application or anything; she was simply made to give a sworn statement affirming various statements made in her letter, and then was given forms I-831 and I-877 ("Record of Sworn Statement in Administrative Proceedings") and turned away. We have no idea how big of a mark this is on her record.

Certainly a consultation with a lawyer seems prudent now, but has anyone else run into or heard of anything like this before?

Thanks.

-Brian
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Christopher G. Rizzo, EsqCanuckAbroad VIP
Posts: 281
Joined: 17 Oct 2007
Location: Red Bank, NJ USA

Post Sun Apr 06, 2008 4:50 am

I've done about 50 TNs for temp agencies, never had a problem. Obviously the inspecting officer doesn't know much. His or her supervisor should be made aware of this.
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com
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perkyjCanuckAbroad Regular
Posts: 74
Joined: 21 Mar 2008
Location: Illinois

Post Sun Apr 06, 2008 5:35 am

I don't know if they were deemed 'temp' agencies, but we've had many TN's through placement agencies for various lengths of contracts. Each letter gave details about the placement agency as well as the company where the actual work would take place.
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BrianGNew Member
Topic author
Posts: 3
Joined: 5 Apr 2008

Post Sun Apr 06, 2008 12:15 pm

Interesting. Yes, this is pretty puzzling. Unfortunately, the agent did seem to consult with his supervisor.
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BrianGNew Member
Topic author
Posts: 3
Joined: 5 Apr 2008

Post Sun Apr 06, 2008 12:19 pm

Also, I spoke with my fiancee, and the issue wasn't even so much that it was a temp agency; he seemed to object that there was any kind of in-between whatsoever; he wanted her to work directly for the pharmaceutical company.
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