TN Visa Questions

[Vicky]

Hi,
I have recently been denied a TN visa at the Peace Bridge Port of Entry (POE) in ON. I was denied entry into the US, finger printed, and photographed.

I attempted to apply under the 'management consultant' category but was quickly and rudely denied by the NAFTA officer. He stated my job title and description does not fall under any TN category and I should apply for an H1-B Visa. He was also clear in stating that I should not attempt to change the job description and reapply next week.

Since the POE officer suggested that I need to apply for an H1-B visa, should I not even attempt to reapply for a TN?

I am also wondering if the POE keeps a copy of my documents? If I change the job description and title with an attourneys help, will the officer compare my previous documents with my current ones?

If I do try again, I was also thinking of applying under a computer systems analyst vs. a management consultant to hopefully get in easier. Is that recommended?

I am very discouraged and worried that I am going to be barred entry to US if I try again. The POE officers do not have a lot of patience and are quick to judge.

Please help!

-V

[Reba]

They will have record of your previous denial, and likely will have record of the adjudicating officer's comments.

[eddycurrents]

In order to get a TN, you must have a letter of offer from your prospective employer in the US. What is your title in the letter?

Whoever drafted the letter should have used a title that was under the TN guidelines. US Customs can be *extremely* picky about this. Make sure the title is *exactly* the same as one listed on the NAFTA site, and memorize it because if you give a different one at the interview, the customs guy will jump on it like a hawk on a mouse.

I would say fix the letter and re-apply with this new title. But like Reba said, they probably have a record of it. Some of them are reasonable but most are not, and many are complete bastards.

Contact an immigration lawyer. Your company should pay for it, or already have one on retainer. If not, and you really need this job, I think they only cost a few hundred dollars for a short consultation. Consider it an investment.

However, all that being said, a TN visa is a major pain in the ass. It has many restrictions, makes getting a green card difficult / impossible, and if you plan to work in the US for a few years, can become very expensive. If you can get an H1-B visa, go that route.

[Christopher G. Rizzo, Esq]

I have recently been denied a TN visa at the Peace Bridge Port of Entry (POE) in ON. I was denied entry into the US, finger printed, and photographed.

I attempted to apply under the 'management consultant' category but was quickly and rudely denied by the NAFTA officer. He stated my job title and description does not fall under any TN category and I should apply for an H1-B Visa. He was also clear in stating that I should not attempt to change the job description and reapply next week.

Since the POE officer suggested that I need to apply for an H1-B visa, should I not even attempt to reapply for a TN?

I am also wondering if the POE keeps a copy of my documents? If I change the job description and title with an attourneys help, will the officer compare my previous documents with my current ones?

Changing the job description is a fast way to get barred on a fraud charge (INA 212(a)(6)(C)). A fraud finding results in a lifetime bar; fraud waivers are near-impossible. You and the employer can also have criminal liability when CBP hands over the documentation to ICE, who hands it over to a U.S. Attorney, and the U.S. attorney indicts you for perjury.

The majority of applicants who apply under TN management consultants are not management consultants.

If I do try again, I was also thinking of applying under a computer systems analyst vs. a management consultant to hopefully get in easier. Is that recommended?

I am very discouraged and worried that I am going to be barred entry to US if I try again. The POE officers do not have a lot of patience and are quick to judge.

However, all that being said, a TN visa is a major pain in the ass. It has many restrictions, makes getting a green card difficult / impossible, and if you plan to work in the US for a few years, can become very expensive. If you can get an H1-B visa, go that route.

I've said this time and time again, Canadian TNs don't need H-1Bs, its a myth! Please stop perpetuating this myth. Not only is the H-1b unnecessary but its socially irresponsible. There are foreign nationals who can't do TNs and the H-1B is their only option.