TN NAFTA Status for Management Consultants

One of the most scrutinized and problematic of all TN visa categories is TN Management Consultant. When a person presents a TN visa application as a Management Consultant, the NAFTA officer will take extra care to make certain that the applicant is truly a consultant. One of the main reasons behind the scrutiny given to TN Management Consultant applicants is because this profession has been widely misused. Many Canadians that do not fit into other TN professions that have job offers in the United States attempt to enter as TN Management Consultants because there is not a degree requirement.

Although you can qualify with a bachelor degree, you can also qualify with five year’ experience in consulting, or, five years’ experience in a field relating to the U.S. employment. Additionally, the Management Consultant category is not attached to a specific industry. The option of qualifying with 5 years’ experience, in virtually any industry, opens the floodgates to TN visa applicants that do not fit nicely into any other category. NAFTA officers are forced to filter through frivolous Management Consultant applications with a high level of scrutiny in order to determine if the application is legitimate, or, if the applicant if someone trying to find an alternative way to get TN status.

In general, a person in the role of Management Consultant works as an independent contractor or as a consultant. As such they work directly with the management team of an organization in order to improve managerial, operating and financial performance. As with all other TN visa categories, Management Consultants are hired to perform a temporary role. However, the temporary nature of the Management Consultant role extends beyond a temporary period to a temporary job. This means that the job will be performed and completed within a temporary time period, generally within a two-year time limit. Often, the Management Consultant does not fill a vacant position within the company; they are given a temporary supernumerary position that terminates upon completion of their consulting duties.

The nature of TN visas for Management Consultants creates complex issues that are best dealt with by a TN visa lawyer with experience preparing TN Management Consultant applications. If you are a Management Consultant, or, are in the process of determining whether or not the Management Consultant category will work for you, we can help. Contact us today to determine your most viable immigration options.

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