TN Visa Management Consultant Tips to Avoid Being Denied

TN Visa Management Consultant Tips to Avoid Being Denied

The TN visa allows Canadian and Mexican professionals to work in the United States on a temporary basis. It is easy to obtain a TN visa status as long as you have the required paperwork, a valid TN Visa application, and are prepared for the U.S. border interview. Your prospective position must be on the NAFTA (USMCA) job list for you to qualify for a TN visa.

What is a TN Visa Management Consultant?

TN Visa Management Consultant Tips to Avoid Being DeniedOne of the most popular professions on the USMCA job list is management consultant. The Inspector’s Field Manual of the U.S. Customs and Border Patrol [Legacy INS IFM ch. 15, “NAFTA Admissions,” 14-1 INS Manuals 15.5]

defines management consultants as professionals that “[P]rovide services which are directed toward improving the managerial, operating, and economic performance of public and private entities by analyzing and resolving strategic and operating problems and thereby improving the entity’s goals, objectives, policies, strategies, administration, organization, and operation.”

Basically, management consultants provide short-term services to help improve overall business operations by detecting weaknesses and resolving managerial problems.

Closer examination for management consultant applicants

The USMCA Management Consultant category is one of the few TN professions which does not require the applicant to have a bachelor’s degree. Five years of professional experience is allowed in place of a bachelor’s degree.

Because there is no requirement to have a degree, U.S. employers often misuse and abuse the management consultant category to fill a position in their company. Due to this, immigration officers have recently become suspicious and pay closer attention to the management consultant position. A higher level of scrutiny is applied to determine if the nature of the job is actually a consulting position.

Why management consultant applicants are denied

Management consultant applicants who are denied TN status fail to prove how their consultation services comply with TN visa conditions. Job duties in the application letter should be clear that consulting services will be performed. Have all the relevant supporting documents on hand to strengthen your situation and avoid denial.

Helpful tips when applying for a TN visa management consultant position

Here are some tips to consider for a successful TN visa management consultant application:

Consult an experienced immigration lawyer

Management consultants are subject to closer examination than other TN visa applicants. Working with an immigration attorney who has particular experience handling management consultant cases can give you a better advantage.

Know the details of your case

You must know how to answer the following questions:

  • Are you an employee with your U.S. employer or an independent contractor?
  • Why are you assigned to the U.S. employer?
  • What are you daily job duties?

Understanding the details of your case will help when you are interviewed by an immigration official.

Have the right documents ready

Prepare all applicable documents that clearly explains the particulars of your case. An immigration attorney will be needed in this area.

Here is a general list of some documents to include with your TN visa management consultant application:

  • Passport
  • Resume (curriculum vitae)
  • Diplomas
  • Letter from U.S. employer explaining the reasons for hiring you as a management consultant
  • Proof of your non-immigrant intent
  • Degree transcripts (if relevant)
  • Proof of your experience as a management consultant (if relevant)
  • Cover letter explaining terms of relationship, compensation, duration, and so on, between you and the U.S. employer.

The cover letter should include:

  • The reasons why the company needs a management consultant.
  • The problem or issues that the management consultant will solve or improve. The issues should relate to improving management issues, economic or financial issues, operating issues, policy issues, strategy, and performance.
  • The methods that the management consultant will use to detect and solve the issues.
  • To whom the management consultant will disclose their findings and recommendations.
  • A validation that the management consultant will not be involved in the daily management of the company.

Contact Richards and Jurusik US Immigration Lawyers

If you need help with your TN visa application for management consultant or have questions about successfully working in the United States, call us at our office in Buffalo at (866) 697-1832 or (647) 360-6224 for our Toronto office. Feel free to email us directly at info@rjimmigrationlaw.com.

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