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Brian D. Zuccaro

Attorney at Law
Serotte Reich & Wilson
300 Delaware Ave.
Buffalo, NY 14202
P: 716.854.7525
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Management Consultant TN  Visa - Checklist

Factors to evaluate when considering eligibility and preparing an application for TN visa status as a Management Consultant under NAFTA:

1. Do the proposed services fall under the duties normally undertaken by a Management Consultant as that term is defined for purposes of NAFTA TN visa status?

  • The TN application should reference the particular business problem or issue that needs to be solved or improved.
  • Consulting services should be directed toward improving the managerial, operating, and economic performance of the company.
  • Consulting services should involve analyzing and resolving the strategic and operation problems.
  • The TN application should describe how the TN applicant’s consulting services will improve the company’s goals, objectives, policies, strategies, administration, organization, and operations.

See INS Inspector’s Field Manual § 15.5.

2. How is the Management Consultant TN applicant qualified to solve the management problem?

  • The TN applicant should possess a related Baccalaureate or Licenciatura Degree.
  • If non-degreed, the TN applicant should have five years relevant experience as a management consultant documented by previous employment letters or professional credentials.
  • Alternatively, the TN applicant should have five years experience in a field of specialty related to the consulting agreement documented by previous employment letters or professional credentials.
  • The TN applicant should also have a detailed resume documenting the necessary experience, skills, and knowledge to solve the management problem.

See NAFTA TN Regulations 8 C.F.R. § 214.6.

3. Will the Management Consultant TN applicant’s services be limited to a purely advisory role?

  • The TN application should describe the reason for the short-term need for an outside consultant.
  • The TN applicant’s duties should not involve active management of the company or a department.
  • The TN application should provide the name and title of the individual the TN applicant will report to and the department or staff that will implement the TN applicant’s plans, suggestions, recommendations.

4. What is the nature of the business relationship between the U.S. company and the Management Consultant TN applicant?

  • Preferred scenario, case least suspect: the TN applicant is a permanent full-time employee of a Canadian management consultant firm providing consulting services to the U.S. company.
  • Acceptable scenario, not as suspect: The TN applicant is temporarily filling a permanent position at a U.S. management consulting firm.
  • Most prevalent scenario: the TN applicant is engaged as an independent contractor. Indicia of employer/employee relationship or permanence of job will raise red flags.
  • Least favorable scenario, high rate of denials: The applicant is a salaried employee of the U.S. company filling a supernumerary temporary position. Application will face severe resistance.
  • Prohibitive: the TN applicant is assuming a position within the regular operational or personnel structure of the U.S. company.

See INS Inspector’s Field Manual § 15.5.

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