TN Visa Denied

TN Visa Denied

TN Visa Denied! What went wrong? Can you reapply? There are many reasons why a TN visa might have been denied. Some TN visa denials cannot be overcome, and in some TN visa denials corrections can be made to obtain an approval. In order to determine what options you might have, you need to determine the reasons behind the denial to see if they can be overcome. Many issues arise which can contribute to a TN Visa denial. Remember to seek the assistance of an experienced TN Visa Lawyer when you apply for the first time or when reapplying after a TN visa denial.

TN Visa Denied, what are the consequences?

Do not take a TN Visa denial or any other immigration matter lightly. A denial costs time and makes you lose precious opportunities. Some undesirable consequences could include failing to report for work on your first day, incurring additional flight or travel expenses, or missing employment all together. If you can’t report for work due to a TN visa that was denied, your employer may offer your position to another applicant. You may encounter some obstacles after your TN Visa is denied and when you prepare for reapplication. In any case, it’s always advisable to consult with a TN visa lawyer to determine the best strategy to move forward.

TN Visa Denied, Why?

In most cases the denying Officer will explain the reasons for the denial. They may even hand you a checklist indicating what documents you need to fix or obtain before they can approved your TN visa.  Your application for TN Visa may have been denied for some of these common reasons:

  1. Offer of employer letter did not meet USMCA (NAFTA) requirements
    1. Job title not a match for a TN visa profession
    2. Detailed job description not included
    3. Source of pay, salary, and benefits not included
    4. Duration of the expected employment with start and end date not included
    5. Employment letter was not on original company letterhead with original signatures
  2. Evidence of Qualifications was present or sufficient
    1. Original degree (including transcripts), diploma, or certificate was not presented
    2. For degrees obtained outside North America, a degree evaluation was not included
    3. For documents in a language other than English an English language translation was not included
    4. The degree presented was not related to the job offer
    5. Proof of experience and qualifications when required was not included
    6. A visa screen was not included for a healthcare profession
    7. State license was not included for professions requiring a license

TN Visa Denied, Now What?

Return to the same Port of Entry to reapply

Depending on the reasons behind your TN visa denial, you might be able to correct the deficiencies are return to the port of entry with the correct documentation. Be sure that you understand the reason behind the reason of your previous TN visa denial before returning to apply. They will have a record in the database of any previous visits, approvals, and denial. You should be honest with officer that your application has been previously denied and have come prepared with updated documents and other requirements if previously requested. Reapplying when the denial was justified or without correcting the issues that led to the previous denial will lead to more complex problems.

Apply by mail with USCIS

Depending on the reason for the original denial, the best course of action may be to apply by mail through Form I-129 with USCIS to obtain an advanced approval. This is often the best approach for complex cases such as Management Consultants, Scientific Technician/Technologists, or when the degree is not a clear match.

No matter the reason for your TN visa denial, it is best to speak with an experienced TN visa lawyer to review your options before you re-apply.

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