SW ENGINEER TN APPROVAL - STAFFING COMPANY

The employer in this case was a U.S. staffing firm that sought to place its employee at the headquarters of a leading automobile manufacturer to work on a software project expected to last at least three years. 

One issue to overcome in this case was the opinion of some CBP officers that an individual cannot obtain TN visa status based on employment at a staffing company. To qualify for a TN, the application need only establish that the TN visa worker will perform “pre-arranged business activities for a United States entity.” See 8 C.F.R. § 214.6 (b). The pre-arranged business activities may be through a typical employee-employer relationship, or based on a contract between “the business person’s employer and an individual or an enterprise in the United States.” IFM § 15.5. This provision specifically supports TN visa status for employees of staffing companies.

We believe the application was successful in this case because the paperwork clearly described the TN visa worker’s pre-arranged business activities he would perform on behalf of the staffing company’s client. The application described the project at the automobile manufacturer including the company’s name, and the office location where the applicant would work. It also provided a description of the software project, and the applicant’s job duties with respect to the project.

The TN visa application was approved at a land port-of-entry for the full three-year period requested.