The company initially presented this application under the Management Consultant classification at a PFI in Canada, which turned away the application contending that the company created a position for the TN applicant and that the company intended to hire the applicant as a direct employee. The PFI also argued that the TN applicant could not receive his proposed compensation and insurance benefits under the Management Consultant category.
After the denial, the company’s attorney referred the case to our firm. We reviewed the merits of the case and the denial. Believing that this case was properly suited under the Management Consultant TN category, we revised the paperwork and re-presented the applicant’s case. We highlighted the fact that the company intended to engage the applicant’s services as an independent contractor not as a direct employee. The fact that the company had agreed to provide the applicant with insurance benefits by no means implied that the company intended to hire the applicant as a direct employee. We explained that the applicant had negotiated and bargained for his proposed compensation and benefits as part of his independent contractor agreement with the company. We contended that the consulting role with the company was purely advisory and was limited to advising senior management on improving marketing, advertising and sales strategies and operations with respect to company’s enthusiast media and publication segment.
After considerable interrogatives from CBP with respect to the business relationship between the company and the applicant, and consultation with the POE supervisor, the inspecting officer approved the application.