TN Questions - Hotel Manager Category

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flxh

New Member
Canadian, former student/worker with F-1 OPT status including cap-gap extension status (H-1B was denied after RFE due to mismatch between my payments-tech m'arketing job and Hotel Administration degree). I have since left the company and position where my H-1B was declined and received an offer at a hotel property. Tried to do as much research as I could online, but still have some questions:

1. Do I qualify for TN status in the Hotel Manager category?
Position Title: Hotel M'arketing Manager or Hotel Manager, M'arketing (forum filter will not let me type out the word "m'arketing") - employer is flexible
Education: Bachelor of Science in Hotel Administration (4-year program) with a concentration in M'arketing from a US university
Management Position: Yes
Experience: None on property, but some in corporate hotel office - the NAFTA appendix only explicitly says 3 years' experience is required for two-year diploma/license holders, correct?

2. Are TN status workers (esp. Hotel Managers) allowed to be supervisors and managers?
Seen conflicting information about this. Some posts on these forums have said TN workers are not allowed to be supervisors and managers for any category, whereas some online immigration attorney sites say the "Hotel Manager" category only allows for positions that are management-level. It's kind of in the name...

3. Can I apply for status at a land POE to make sure I am granted before returning to Canada to fly to the Eastern US?
Lots of conflicted responses about this. Some say yes, some say no, some say have a flight booked already if you do go the land-route to show your conviction to move. If I were to do land POE, it would be Blaine - Peace Arch, Blaine - Pacific Highway, or Sumas going into Washington.

Thanks for any help, feel free to ask questions, and unsolicited advice/tips greatly appreciated too!
 
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Hotel Manager is the one category that allows "managing" if that is part of your duties.

The job MUST be at a hotel, FOR a hotel. As to experience, I would imagine that the 3 years would also require that it be AT and FOR a hotel.

However, because you have a degree, you don't need experience to qualify, only those with a diploma need the additional experience.
 
nelsona said:
Hotel Manager is the one category that allows "managing" if that is part of your duties.

The job MUST be at a hotel, FOR a hotel. As to experience, I would imagine that the 3 years would also require that it be AT and FOR a hotel.

However, because you have a degree, you don't need experience to qualify, only those with a diploma need the additional experience.
Click to expand...

Thank you! The position is on-site at an independently-managed boutique hotel, so that's a relief re: eligibility based on position and education. Hopefully the fact that it's a m'arketing-focused role isn't a red flag.
 
for question #3, i used land POE in Toronto/Niagara Falls area (Queenston/Lewiston bridge) in Sept 2015, and drove back to Canada a few hours later. Then I bought a flight to California to start my job a few days later. I want to know i had my TN in hand (and TD for family) before i booked my flight. It was easy, CBP officer never brought up the issue of my job in California, but asking for TN in Lewiston New York.
If you have a solid case you should be fine. (it appears you have a solid case).
Technically you could arrive at POE at 3am (if POE open 24hrs), but i would recommend arriving during business hours (M-F 9am-5pm) dressed in business attire. that way you should get an experienced CBP officer.
Good luck. Let us know how it goes....
 
Amberleafs advice is spot on: TN is a business transaction, and should be conducted as such.
 
Thank you both for your help so far - I'll make sure to present myself and the necessary documents professionally per your advice.

However, the plot thickens... While preparing for potential questions I'd be asked, I went down a rabbit hole of research regarding inadmissibility. This subforum might not be the most appropriate place, but would appreciate if anyone could advise my situation:

TL;DR: I may have (seriously unclear to me) overstayed my previous grace period after my H-1B denial by 11 days. I know this doesn't legally make me inadmissible (less than 180 days), but could it hurt my TN chances since they may be suspect I'd overstay again? Is there anything I can do to prepare to address this (e.g., show I was advised to leave on a certain date by my past company's immigration lawyers, or something else)?

Full Scoop: I mentioned earlier I was denied H-1B status after an RFE in 2017 for a previous position/company. I stopped working (unpaid leave) 9/29/2017 per cap-gap extension rules as the RFE processed and was denied on 10/12/2017. Sources online provide conflicting information about when I should have left the US after this denial. Some say 60 days after the cap-gap extension ended (11/30/2017) while others say 60 days after the H-1B denial (12/11/2017). Immigration lawyers hired by my past company (who I fear to be incompetent) told me it was the latter, and I left on 12/11. However, I may have overstayed by 11 days technically if the former date definition is correct.
 
Focus on your TN. Since it took a lawyer to figure out when your overstay began, I wouldn't worry about CBP trying to figure it out when you are standing there (outside US).
 
Updating with results:
- Granted TN status at Blaine Pacific Highway POE
- 50-minute long review process with minimal questions, mostly just looking at documents

Thanks all for your help!
 
Thanks for the update "flxh". Great to hear no issues in obtaining your TN at POE. I assume it is valid for 3 years.
It goes to show, if you have a solid case, you should have no issues.
 
flxh said:
Updating with results:
- Granted TN status at Blaine Pacific Highway POE
- 50-minute long review process with minimal questions, mostly just looking at documents

Thanks all for your help!
Click to expand...
Hey ,
Do you know if a food and beverage manager position get be granted a TN visa? Asking for a friend who is a Canadian citizen looking for jobs in US. Since you are for the hospitality field any input would be appreciated.
Thanks !
 
Thanks! My friend is just shy of f&b managerial experience by 2 months of the 3 years required but has f&b supervisor experience of 18 months . Any idea if that is enough ?
 
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