TN Application for Management Consultant Approved at Buffalo POE Despite Prior Refusal.
The employer in this case was an information technology consulting, training and products firm specializing in data warehousing, database administration, e-commerce solutions and web based technologies. The consulting firm required skilled consultants for client projects involving the implementation of enterprise resource planning (“ERP”) systems, specifically the PeopleSoft Enterprise Portal.
Our client was a professional IT specialist with over nine (9) years of industry experience and over five (5) years experience assisting companies with the implementation of PeopleSoft Enterprise Portal. He possessed a Bachelor of Science degree, but did not major in Computer Sciences or a related field. Our client had recently applied at the border as a Computer Systems Analyst for a similar consulting position. The border refused the application contending that the client did not possess a Computer Sciences degree.
We reviewed the case and believed that based on the position involved and the client’s qualifications, the Management Consultant TN category would be the more proper fit. In the proposed position, the TN applicant would analyze and advise the firm’s clients on the planning, performance testing and troubleshooting involved in the implementation of the PeopleSoft Enterprise Portal system. This type of activity was better suited under the Management Consultant category.
A Canadian citizen may qualify for TN status under the Management Consultant category in three ways: (i) possession of a Baccalaureate or Licenciatura Degree; (ii) equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant; or (iii) five years experience in a field of specialty related to the consulting agreement. An applicant for TN status under this category can only provide advice and make recommendations. The applicant cannot be actively involved in the management of the company. Nor can the applicant actively implement any of his or her suggestions or recommendations. The advice and suggestions must be implemented by others at the company.
Although our client possessed a Bachelor’s degree, we strengthen his application by submitting previous employment letters evidencing over five years experience advising companies on the implementation of the PeopleSoft Enterprise Portal system. As with most Management Consultant TN applications, the inspecting officer questioned whether the position qualified for a Management Consultant TN. Upon further review of the job duties involved and questioning the applicant, the officer approved the application.