As an immigration law firm we are regularly asked why someone should hire a lawyer for the TN application process. The details for assembling and presenting a TN application at the border can be found through the Customs and Border Protection web-site and the details for filing by mail can be found though the U.S. Citizenship and Immigration Services web-site. The details provided through both CBP and USCIS are very straightforward and detail all that is needed for a successfully TN application by mail or in-person. The NAFTA professions list includes acceptable professions and required credentials to enter the US in TN status under the professions. What CBP, USCIS, and NAFTA do not detail are the nuances associated with each TN profession. Here are some points to review when considering legal assistance for your TN application:
- NAFTA Profession – Some professions are easily found on the NAFTA list making it clear that they qualify for TN status, i.e., Accountant, Engineer, Lawyer, Dentist, Pharmacist, Biologist, Chemist, and so on. Unfortunately not all job offers are for positions that clearly fall under a NAFTA profession. Some job offers are clear cut and fit into NAFTA. Others require an experienced NAFTA lawyer to determine the possibility of a TN application. Filing under the wrong TN profession can result in a denial of your TN application. No matter how clear cut a job offer may seem, an experienced NAFTA lawyer is able to review the job offer to determine if the position is a fit for a NAFTA profession.
- Job Duties – After a quick review of NAFTA you will notice that it only lists professions and minimum education requirements. NAFTA does not provide details about the acceptable duties for each profession. Even with a job offer for a profession clearly listed on NAFTA, improper duties could result in a TN denial. Many times proposed job duties require some adjustments before they will align with the appropriate NAFTA profession. An experienced NAFTA lawyer is able to review the proposed job duties to determine their fit for NAFTA and will provide guidance on necessary changes for the appropriate NAFTA profession.
- Minimum Education Requirements and Alternative Credentials – NAFTA contains a list of all acceptable TN professions along with the education requirements needed to qualify for the given profession. However, NAFTA does not clearly indicate what alternate degrees will be accepted for a NAFTA profession, nor does it indicate if they will accept an alternate degree. An experienced NAFTA lawyer will be able to review the details of your case to determine your qualifications for TN status.
- Problematic TN Professions – No matter how qualified or prepared you are, there are certain TN professions where it is advisable to always consult with an experienced NAFTA Lawyer. These professions include IT professions, management professions, consulting professions, scientific technicians/technologists, and professions that are not a clear fit under NAFTA. An experienced NAFTA lawyer will be able to review the facts of your case to determine your qualifications for TN status and will advise you on the merits of your case.
- No Degree – All but two TN professions require a degree in order to meet NAFTA requirements. When seeking entry into the United States under NAFTA without a degree it is always advisable to seek the guidance of an experience NAFTA lawyer.
- Offer Letter Requirements – Not all offer letters will meet NAFTA requirements when presented for TN status. We often assist TN applicants when they have been refused after presenting a poorly prepared offer letter that does not meet NAFTA requirements. It is always advisable to seek guidance from an experience NAFTA lawyer before presenting an offer letter in conjunction with a TN application. An experienced lawyer will give advice on what changes are necessary before making a TN application.
- Experience – An experienced NAFTA lawyer regularly files TN applications with USCIS and represents clients during the inspection process. They are aware of the latest trends in TN applications and know what is necessary to receive approval. NAFTA lawyers have a specific expertise and knowledge base only acquired through regularly representing clients under NAFTA. Click here to read our client testimonials!