tips on 3 year TN

Hello all,

I have just about completed my first year in the US under TN status and wish to re-apply for the new three-year visa. I am planning on doing this at the Windsor/Detroit crossing as my family lives in Windsor, but received my first TN visa at the Port Huron POE (which was entirely painless). Any tips for getting this done? I have read that I should not indicate that I wish to "renew" my status but rather that I am making a new application, is this correct? Which other terminology pitfalls should I avoid? I also understand that there is a TN expert at the Ambassador Bridge, which is where I will be crossing. Alternatively I will be flying into Toronto to attend a business meeting early next week and could also re-apply at Pearson, would that be recommended? I am excited about the possibility of a three year stay and don't wish to encounter any problems. Any advise or tips welcome!

Sandra

The only real difference AFAIK, is that your employment offer letter has to state that the contract is 3 years, otherwise they'll just give you a 1 year TN.

The last time I came through Detroit, they were only processing TN's during regular business hours Monay thru Friday. The only exception was for Nurses which they alowed anytime. I would call ahead and verify the times. I-75 is a disaster, was through there a few weeks ago and they have it tore up to the bridge, they're finally rebuilding it, lol.

Port Huron processes 24/7 in comparison, I guess you would have to weigh your travel plans and see which works best in your schedule.

I have read that I should not indicate that I wish to "renew" my status but rather that I am making a new application, is this correct?

Some of the CBP people get their noses out of joint if you say "renew" although I'm sure most of them don't. Given that your job offer letter is a new one, technically it's a new contract so it's a new grant of TN-1 status (it's not a visa). Alternatively what you could do if you're in the same job with the same employer is to get them to file an I-129 to extend the status with USCIS, although it's usually quicker and cheaper to go to a POE.

The CBP manual they use gives specific warnings about applicants for Systems Analyst or Management Consultant, so if that's what you're going for, you need to be really careful not to run afoul of the warnings in their manual. Other TN-1 applications should be relatively straightforward.

From a legal standpoint, the only thing that's changed is that in the CFR the words "a year" were replaced with "three years" so basically the application process is the same, but your job offer letter can say three years.

Well, things did not go as planned.

I was denied a TN as the CBP agent (Cope) felt my application was too vague and incomplete. She went as far as to say that I should not have been issued the TN last year, and that I got lucky at Port Huron.

She did give me a number of changes to make and asked that I return to Detroit to re-apply with her.

Although a bit frustrating, I don't think the visit was a waste. My understanding is that if I make the changes she requested she will (hopefully) issue the TN. Of course the problem is getting back to Detroit to do this in the next two weeks before my existing TN expires. At least she let me continue on to my flight out of Detroit Metro.

Now, I am going to Toronto to see friends this weekend and would have the opportunity to get to a POE on Friday. My question is do I make the changes as requested and drive all the way to Detroit and see this same CBP agent or take those documents to Port Huron and try there? Any advice is welcome.

Perhaps you could elaborate further on your application (what job category you applied under, for example) and what changes were requested of you?

Without knowing the details of your application at all, I would reapply at the same POE and talk to the same CBP officer since she is already familiar with your application. Presumably if you make all the necessary changes (I'm assuming they have to do with your job offer letter) then you should be good to go.

The category is Management Consultant. The CBP agent asked that I revise the letter to include more detail about the company (number of employees, where they manufacture) as well as remove any mention of my compensation or health benefits. She also asked that I bring a contract from the employer as well. The letter was essentially the same letter I used last year and I did not have a contract with me and all went just fine. Her explanation was that the agent in Port Huron was not as familiar with the law. I am planning on going back to see the agent in Detroit mainly because she did give me very valuable advice and I would wonder if my file isn't somehow flagged at this point and another officer would not know how to handle things.

This is what they're looking for in the job offer letter:

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.

Hi

As you are finding out, Management Consultants are the most scrutinized due to many applicants choosing to apply under this application when it doesn't apply to them.

Briefly, Management consultant positions are short term positions to solve a managerial position.
Please read more about how to successfully apply as a Management Consultant here:
http://www.tnvisaexpert.com/articles/tn ... onsultant/

Be sure to read the "Considerations" section.

Good Luck!