TN Visa Denials In The News Often Same Old Story
Yes, Trump 2.0 has heavily restricted both legal and illegal immigration through executive actions, policy shifts, and in some cases, in disregard to the law. This has brought increased attention to U.S. immigration, and instances of border refusals or visa denials have become front page news. But often, the news is merely shining light on cases that prior administrations would likely have also challenged.
For example, recently news outlets picked up the story of a Canadian citizen residing in Martha’s Vineyard who had his TN visa status renewal application denied by USCBP. According to reports, this individual worked for a luxury home builder as “a construction consultant.” Presumably this person obtained their initial TN status under the Management Consultant TN category, which officials consider the most difficult. Now, we do not know the actual nature of this person’s job, but even without that specific information USCBP could have had 3 issues with this case: (1) a job offer with a home builder; (2) working on construction projects; and (3) requesting an extension of a Management Consultant case for a non-Management Consultant firm. Even before Trump 1.0, USCBP officers would have looked at any one of these elements as potentially incongruent with the Management Consultant TN category.
Long standing immigration policy defines Management Consultants as individuals who “provide services that are directed toward improving the managerial, operating, and economic performance of public and private entities by analyzing and resolving strategic and operating problems.” Maybe there is a viable Management Consultant case if an individual is advising a home builder on how to improve its business operations, but less so if the person is involved in the management of construction projects. Additionally, U.S. immigration officials view Management Consultants as experts in the field advising on a short-term, temporary problem. USCBP will often challenge cases where individuals seek a 3-year Management Consultant TN, or when they seek an extension of such a TN. Officers will contend that the applicant must be engaging in job tasks beyond the purely advisory role permitted under the Management Consultant category, e.g. managerial functions, hands-on job duties, or tasks normally performed by regular employees of the company.
Immigration officers - especially USCBP - have never considered a prior TN approval as determinative. Each port-of-entry has several officers reviewing TN applications. Some are new to the job. A few may have a broader scope of what may qualify for TN visa status. But I think most experienced USCBP officers - under Trump or not - would have likely challenged this TN renewal application.
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TN visa requirements and process
U.S. immigration lawyer Brian D. Zuccaro has over 20 years
of experience helping employers and individuals navigate the TN visa process.