In recent years there have not been any significant changes to the NAFTA making the process to obtain TN status more difficult. However, there are many outside factors that make obtaining TN status more difficult in recent years. Here are some factors that have made the TN process more difficult than it has traditionally been:
- Visa Fraud – Although the majority of individuals seeking to enter the United States under TN status are doing so for a legitimate employer and under a NAFTA profession for which they legitimately qualify, there are many who attempt to illegally enter the United States. Because there is abuse in the system, border officers must carefully scrutinize every applicant to ensure that they qualify for the TN profession and that they will be employed by a legitimate organization. Such abuse does not necessarily make it more difficult to obtain TN status; it merely means that applicants for TN status must be prepared with adequate supporting documents showing that they qualify for TN status.
- Economic Turmoil – Another factor that has increased scrutiny on applicants for TN status is the state of the United States economy. The United States has suffered economically for the last several years with no immediate relief in site. Economic difficulties place an increased burden on border officers to protect U.S. workers and jobs. Although there is not a recruitment process or minimum wage standard for TN status, these are factors often considered by border officers. If an offered wage is below what is normal for the offered position, this can lead the border officer to deny the application for TN status. This is done in order to protect U.S. workers and jobs.
- Burden of Proof – When seeking entry in the United States under TN status the burden of proof is with the applicant. This means that it is up to the person seeking TN status to prove to the border officer that they qualify for TN status. If the burden is not met, TN status will not be issued. Along with the other factors previously mentioned, this underscores the importance of an adequately prepared and presented TN status application. An insufficient application will be denied and the applicant will be asked to return with proper supporting evidence to justify the issuance of TN status.
Although there have not been any significant changes to the NAFTA, visa fraud, economic turmoil and other factors make it difficult to obtain TN status. If you have received a job offer to work within the United States and you qualify for TN status, you should not be deterred from seeking admission under TN status. With an adequately prepared and supported TN application, obtaining TN status can be a painless process. Due to our wealth of experience with the TN application process, we are able to prepare our clients by providing them with TN applications that are approvable at any port of entry. If you are seeking entry under TN status or have an employee that you want to help obtain TN status, we can help.
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