Denied TN application; "temp agency not allowed"

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 a...

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BrianG
New Member

Joined: 05 Apr 2008
Posts: 3

Posted: Sat Apr 05, 2008 5:18 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

Christopher G. Rizzo, Esq
CanuckAbroad VIP

Joined: 17 Oct 2007
Posts: 284
Location: Red Bank, NJ USA

Posted: Sun Apr 06, 2008 3:50 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.
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Christopher G. Rizzo, Esq
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perkyj
CanuckAbroad Regular

CDN in Illinois

Joined: 21 Mar 2008
Posts: 74
Location: Illinois

Posted: Sun Apr 06, 2008 4:35 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.

BrianG
New Member

Joined: 05 Apr 2008
Posts: 3

Posted: Sun Apr 06, 2008 11:15 am

Interesting. Yes, this is pretty puzzling. Unfortunately, the agent did seem to consult with his supervisor.

BrianG
New Member

Joined: 05 Apr 2008
Posts: 3

Posted: Sun Apr 06, 2008 11:19 am

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.