A TN visa is designed to allow certain professionals from Canada and Mexico – NAFTA professionals, to work in the United States.
This article will explain how Management Consultants from Canada and Mexico can apply for a TN nonimmigrant visa.
The complete list of NAFTA professions you can find here.
A TN visa provides temporary stay and employment opportunities for Canadian and Mexican citizens of various professions, including management consultant professionals. This category is one of the few occupations that do not require a degree, which led to its popularity and, at the same time, numerous misuses. Consequently, USCIS stated that the management consultant TN visa category is the hardest to obtain under The North American Free Trade Agreement (NAFTA).
What are the Job Duties of a Management Consultant?
The TN visa policies do not regulate allowed job duties. Therefore the guideline directions can be found in the Occupational Outlook Handbook, published by the U.S. Department of Labor.
Management consultants work as outside consultants on improving private and public entities ‘ managerial, operating, and economic outputs, focusing on particular problems and resolving them through analysis. The petitioner has to present how the services will improve administration, objective, and operations overall.
Management consultants can be independent consultants or employed in a consulting company hired by a U.S. entity. He or she can not apply for a new permanent position; neither can he or she be hired as a replacement, except if the role in question is a supernumerary temporary position. It is common that their services fall under short-term projects and have a temporary character rather than full-time.
In some cases, if the job description covers implementation together instead of just advice services, the petition will be denied, which depends on the officer`s will in a particular case.
To be qualified to obtain a TN visa as a management consultant, the nonimmigrant has to earn one of the following educational requirements:
- Bachelor’s degree; or
- Licenciatura Degree.
Although most of the TN occupations requires a bachelor degree, management consultant is one of the rare professions where a petitioner can possess equivalent professional experience instead:
- Five years of experience as a management consultant; or
- Five years of experience in a specialty field close to the consulting agreement.
Non-degree petitioners have to prove equivalent professional experience through a previous employer statement or a professional credential evaluation. A resume can be helpful to indicate job-related skills and knowledge.
The supporting required documents include a valid identification document, copied educational or experience evidence, copied and signed agreement, and a cover letter with a detailed consulting job description.
How to Seek Admission as a TN Nonimmigrant?
Canadian citizens can apply with all required documentation to the U.S. Customs and Border Protection (CBP) officer at the U.S. Port of Entry since they are not required to obtain a visa first. It is also possible to apply at a pre-flight inspection or an airport after arriving in the United States.
On the other hand, Mexican citizens should apply at the U.S. embassy or consulate in Mexico. After the TN visa is approved, they can seek admission at the U.S. Port of Entry.
Both Canadian and Mexican citizens can file the online I-129 petition with USCIS.
Management consultant TN visa is usually granted only for one year, which can be avoided by solid argumentation why the job duties will take more time to perform.
Due to the high rate of the denied petitions, it is recommended to pay special attention and prepare all the required documentation to address the application’s specifics and details.
