Our office recently successfully reversed denials for two (2) Canadian applicants as Management Consultants (a TN classification). Both applicants had been faced with similar refusals at pre-inspection locations at Canadian airports – the reason being that CBP officers believed that both applicants were going to be engaged in hands-on managerial duties rather than just acting in an advisory capacity (per the Management Consultant provisions).
In the first case, the CBP officer suspected that the applicant was attempting to use the Management Consultant classification to circumvent the necessity of an H-1B visa. Specifically, given that H-1B visas were quickly running out and even if approved, could not begin until October, that the applicant was attempting to use the Management Consultant classification as a bridge until the H-1B would be available. While the applicant was in possession of a pre-signed management consultant agreement at the time of his denial, he was never provided an opportunity to explain and present his documentation. At that time, he was allowed to withdraw his application for entry and was refused admission.
In the second case, the CBP officer suspected that the applicant was truly a manager and did not fit the description of a Management Consultant. Additionally, CBP denied the applicant admission as a TN because the applicant had set up his own company for tax purposes (however, the company was not his prospective TN employer).
In both cases, using the same facts present as present initially, we were able to present a comprehensive packet which not only outlined the applicant’s eligibility for Management Consultation classification, but also fully disclosed the prior denials and addressed the specific concerns raised by CBP in their previous denials. Some of the additional documents/information we submitted was an employee organizational chart to evidence that the applicant would not be filling a regular position in the company. For the second applicant where CBP raised concerns about his ownership of a U.S. corporation, we were able to demonstrate that this issue was germane to the application because his personal U.S. corporation was not relevant to his application has a Management Consultant.
Given how often we appear at the border to accompany clients in applying for admission, we have a unique perspective and insight into what CBP officers are looking for and reviewing when prospective applicants appear at the border. As such, our firm is highly experienced in being able to anticipate their concerns and prepare a detailed submission packet for presentation to CBP. In addition, our advocacy on behalf of our clients continues as we accompany our clients to the border while they apply for admission. Not only does this provide peace of mind to our clients, but it also allows us to intervene immediately as appropriate should CBP have any legal questions regarding the application.
For more information on TN’s and the Management Consultation classification, please visit our associate attorney’s blog at www.tnvisabulletin.com.