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Home > Law > Corporate Law   »   Waiting for an answer from the Hiring Manager.

 
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Old May 28, 2008, 07:59 PM
csalcedo
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Waiting for an answer from the Hiring Manager.

I had a phone interview with the Hiring Manager of a San Diego based company. Then, had an email from their HR giving me a date for an on-site interview complete with the schedule of all my interviews for that day. I requested a different day IF possible, they said it's ok and gave a verbal tentative date, May 5. No one called or emailed to confirm the May 5 date. I emailed the Hiring Manager to get some news. He responded and told me that HR informed him that as a Canadian, I would need a TN Visa under NAFTA to work in the US. Then he explained that according to HR, I need a University Degree to qualify as NAFTA Professional (TN). He then said, "This is a loss for (company) since I believe you would fit the position well..." I then emailed him, politely telling him that his info on NAFTA Professionals "qualifications" is wrong. A Scientific Technician does not need a University degree and I sent him the NAFTA info to prove my point. I emailed 4 times and never got a reply. Why are they refusing to communicate? Are they afraid that I would take them to court? On what grounds? Since not being able to obtain a VISA is the only reason given as to why HR change their mind on giving me an on-site interview, I was hoping to get some news regarding this matter in the light of the information that I have provided. Why not answer? It is important to note that they were very prompt and professional until now.

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Old May 28, 2008, 08:14 PM   #2  
Sissy14
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Most large companies do not want to hire employees with out the proper VISA it is a corporate issue. Are you in the process of obtaining a VISA? That might make a difference?
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Old May 29, 2008, 06:33 AM   #3  
csalcedo
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Thanks for answering. Actually, that's the whole point of NAFTA. The TN-1 status is simply obtained from the US immigration at the border. The TN-1 is to simplify the whole process of Canadian, Americans, and Mexicans in obtaining employment under NAFTA. The rules are simple, if your profession is in the list of NAFTA Qualified Professionals, and you have the required education/experience, then all you need is an employment letter from the hiring company. The TN-1 is renewable every year, indefinitely. This is actually not a VISA issue, because if they hire me, I simply go to the US embassy here in Canada (or at the border) and I will get the TN-1 under NAFTA. The strange part in all of this is their refusal to answer my emails. Had they told me that they have hired a more qualified candidate, then I would have no problem. The thing is, the Hiring Manager told me in an email that this whole thing is a loss for their company since he believes that I would fit the job well, and then gave me this whole NAFTA story that is based on wrong information. Under NAFTA Qualified Professionals, I am eligible for a TN-1 VISA, no problem, 100%. It does not make sense that he cannot answer my email with a simple, "sorry we found someone else, it's not just about NAFTA..." I'll accept that. I spoke to this gentleman a number of times and he was always prompt, professional and courteous. It seems like he is under instructions not to answer me. I wonder if there is a legal ramification with his admission that I "would fit the position well", and then not hire me based on inaccurate information. I would appreciate any feedback on this. Thanks again. BTW, this company is about as prominent and as big as it gets. Really weird behavior...
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