Working for a staffing company on a TN visa

Darkus
New Member



Joined: 29 Oct 2007
Posts: 3

Posted: Mon Nov 05, 2007 4:46 pm

 

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Hey guys,

One more quick question I'd like to ask you all.

Does anyone know if you can work for a temporary staffing agency with a TN visa? The staffing agency is an American company, the company I will (hopefully) be working AT is a large multinational corporation.

It seems to me that working for a temp agency would be perfect for TN status, but one of the people I was interviewed by mentioned that he thought it wasn't allowed. I can't find anything in the TN Visa Expert package to either confirm or deny this.

If it is allowed. how do I write the application letter? Do I mention both the temp agency and the company I'll work for, or leave out the temp agency and just write it as if the company is hiring me directly. Actually, now that I write that, it doesn't seem like a very good idea.

Thanks in advance for your time!

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Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 967
Location: North Carolina

Posted: Tue Nov 06, 2007 4:01 am

 

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I'd suggest you call someone at the TNVisaExpert site for a consult.
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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 739
Location: Calgary

Posted: Tue Nov 06, 2007 7:56 am

 

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You don't need a TN-1 for the temp agency, once they place you the company you're placed with would have to write the letter. Whether it's lawful for a temp agency to place people with no employment status in the US I don't know, but given that you have a reasonable expectation of getting status once placed, I doubt it would be illegal.
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Steve.

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Christopher G. Rizzo, Esq
CanuckAbroad VIP



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

Posted: Tue Nov 06, 2007 4:24 pm

 

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Its perfectly legitimate and this has been a routine application for years.

The staffing/employment agency is the U.S. employer, not the work-site employer. The work-site employer needs to be indicated in the documentation, including the name of the company and work location.

This prevents CBP from concluding that the TN applicant will be engaging in speculative employment. In other words, the staffing firm can't support the application without first having prearranged employment for the TN applicant.
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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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