Should I hire a lawyer for TN1?

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SoCal CanuckNew Member
Posts: 6
Joined: 17 Dec 2008

Re: Should I hire a lawyer for TN1?

Post Wed May 13, 2009 8:02 am

I am here under a management consultant TN so, I guess I should just pay.... She wants $800 plus the $56.00. Seems like a joke considering the application is virtually a duplicate of the one we submitted last year.
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axolotlCanuckAbroad VIP
Posts: 304
Joined: 28 Feb 2009
Location: New York City

Re: Should I hire a lawyer for TN1?

Post Wed May 13, 2009 8:26 am

If you already have a management consultant TN, just recycle the job offer letter and change it so it says 3 years. That's basically what the lawyer is going to do for $800.
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: Should I hire a lawyer for TN1?

Post Wed May 13, 2009 11:00 am

SoCal Canuck wrote:I am here under a management consultant TN so, I guess I should just pay.... She wants $800 plus the $56.00. Seems like a joke considering the application is virtually a duplicate of the one we submitted last year.


Management consultant is the hardest TN-1 category to get because the CBP manual has various warnings about it plus the language used is highly legalistic and I doubt the average CBP agent understands what they're reading with words like "supernumerary temporary position" (which is not to knock CBP, it's not easy to understand).

I can possibly save you $800 by telling you that if you are working for a management consultant company in the US you're unlikely to have a problem, but if you are in a supernumerary position with a US company then you may have a problem because management consultants by definition are supposed to only work temporarily with the company they're consulting with.

For your edification:

Management consultants provide 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. Management consultants are usually independent contractors or employees of consulting firms under contracts to U.S. entities. They may be salaried employees of the U.S. entities to which they are providing services only when they are not assuming existing positions or filling newly created positions. As a salaried employee of such a U.S. entity, they may only fill supernumerary temporary positions. On the other hand, if the employer is a U.S. management consulting firm, the employee may be coming temporarily to fill a permanent position. Canadian or Mexican citizens may qualify as management consultants by holding a Baccalaureate or Licenciatura degree or by having five years of experience in a specialty related to the consulting agreement.
Steve.
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SoCal CanuckNew Member
Posts: 6
Joined: 17 Dec 2008

Re: Should I hire a lawyer for TN1?

Post Wed May 13, 2009 12:04 pm

Funny, my lawyer never once mentioned that i was going to fall into the "supernumerary temp position....
I did not work for a consulting firm in the past...
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: Should I hire a lawyer for TN1?

Post Thu May 14, 2009 10:04 am

It depends on who you get at CBP, but that's what's written in their manual and is the reason why people have problems with this category.
Steve.
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