Serotte Reich & Wilson, LLP - TN Visa Services

Employers, Recruiters, Professionals: Avoid a Denial of your TN Application.

With the limited availability of H-1B visas numbers, the TN visa category can often be the sole nonimmigrant classification available for a Canadian or Mexican citizen to pursue a U.S. employment opportunity. Do not risk the denial of your TN visa application and the possible loss of a job candidate, referral, or opportunity.

Let us review your case before you file at the border, pre-flight inspection or USCIS. Once U.S. immigration denies a TN application, it will become extremely difficult to obtain an approval. Request a consultation to obtain a full review of the merits of your case, especially if it falls under one of the following trouble spots.

1. “Mismatched” TN Applications:

Whenever there is not an exact match among the job offer, the TN occupational category, and the applicant’s degree or credentials, an applicant for a TN should expect heightened scrutiny of his or her TN application.

For example, consider the following two applications for a TN under the Accountant occupational category. An applicant with a bachelor’s degree in Accounting applying for a job offer involving traditional accounting duties should not face much resistance with a properly prepared application.

An applicant with a Bachelor’s degree in Commerce with a job offer involving some accounting duties, but also operational and business analysis duties would have a more difficult time obtaining a TN as an Accountant.

2. Immediately Suspect TN Categories:

U.S. immigration officials consider applications under the Management Consultant and Scientific Technician/Technologist categories as highly suspect because they do not require a bachelor’s degree. As consequence, an application under either category is subject to heightened scrutiny.

The Management Consultant category is also the most misunderstood category by both applicants and immigration inspectors. An application for a Management Consultant TN needs to expressly address the trouble spots that frequently lead to denials in this category. Read more about the requirements for a Management Consultant or Sci/Tech TN.

3. Highly Technical, Specialized Job Duties:

If someone outside your field reads your TN Support Letter and cannot understand what you will be doing in your prospective job, then it is a good chance the inspecting officer will not be able to understand.

Cases involving highly technical, esoteric, and specialized job duties that are not easily recognizable as falling under one of the TN occupational categories are also at risk of denial. Part of our job is to prepare an application in layman's terms and which the inspecting officer will recognize as a legitimate TN.

4. CBP has already Denied My TN Application. What now?

• Has CBP already denied your TN application?

• Was the denial based on a ground of inadmissibility, e.g., previous criminal conviction or violation of U.S. immigration status? If so, click here to read about inadmissibility issues.

• Was the denial of the TN application based on the merits of the application? For example, did CBP contend that you applied under the wrong TN occupational category or that you do not qualify under a particular TN occupational category? If so, go to Rehabilitation of Denied TN Applications.

Revised Jan. 31, 2009.