When presenting a TN application at a port of entry, there are several obstacles that must be overcome before the inspecting officer will issue a TN visa. One of the obstacles that must be overcome is proving the viability of the U.S. Employer. Large well known employers are readily verified as viable by the inspecting officer and often raise no concerns in the application process. However, TN applicants seeking entry to work for small and start-up companies must be prepared to prove the viability of their prospective employer. If the inspecting officer doubts the viability of the employer, the application will be denied. We were approached by the owner of a start-up technology company seeking to hire it’s first employee. The employee had received three previous denials while attempting to obtain a TN visa at the border. The inspecting officer turned the prospective employee away telling him that the company was too small.
We were able to work with the employer to assemble a TN application that overcame the inspecting officer’s doubts about the employer and obtain a TN approval. The company now has a total of two employees. As with all U.S. Immigration Law matters, the details govern. TN visa applications for employees of small companies must be accompanied with compelling evidence of the viability of the operation. Failure to present an adequately supported application can lead to a denial, lost time and lost resources. If you are a small or start-up company seeking to employ a TN professional, contact us today so that we can apply our experience in your favor.
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Telephone: (716) 832-2222 Email: moc.walnoitargimmirjnull@ofni