TN Visa unsuccessful twice yesterday, what now?

[meredithbest]

Hi, long time listener & first time caller here.

So my employer and I have been putting together my TN Application for a new role within our company (we're an overseas company from Australia).

The first attempt yesterday was rejected because the Master's Degree I obtained was from Australia (my bachelor's degree is from Canada). The officer told me everything else is in order I just need to get my Master's Degree certified as equivalent.

I did this in the afternoon and returned in the evening.

After 90 minutes at customs a second time the border guard started asking questions about our company and since the size of it was small I shouldn't be going after a TN Visa and that I should think about pursuing a L1 Visa. He asked a lot of questions about who works there etc.

He then went on to suggest that I reapply for the TN Visa for my flight to my job rather than driving to the border as I had done (according to him you are not allowed to drive to the border to get a TN Visa and drive home — which is completely inaccurate... it also contradicts his advice to look into a L1).

As far as I am aware both of my attempts yesterday have not been listed as declined applications, rather they I entered as a visitor.

I am debating the following options:

• Continue in my current role (with the Australian company) for another couple of months while still spending some time on work trips both in USA & Canada. I am well under my 182 days in USA this year. Worry about this next year.
• Go back for a third attempt — either: 1. at the same border, or; 2. do it when I plan to fly to LA (show up a few hours early)

I am worried that if I don't get this Visa a third time it will make my travel to/from the States more difficult over the next little while. I only do plan on being in USA for 12-18 months before moving back to Canada.

 

[nelsona]

Why was your masters being considered for TN?

As to when to get TN, the offider is within his rights to expect that you are "on your way" to work. Most don't insist, but TN is an entry status, meaning that it is granted to enter the US to perform work in that status. L1 takes a little longer to process, so there may ne allowance made for presenting docs at the border for a future entry.

 

[meredithbest]

My undergraduate degree is in Science and I've since done a business masters and which is more in line with what my role is (& therefore my TN application). The second attempt I made the border guard told me my bachelor's would have been enough... but the first CBP officer didn't believe so as I did ask (I have over ten 300-400 level ECON / COMM classes from my undergrad science degree anyway and I did show him this).