Help! TN Visa Denied due to verbal mistake

M

midorirec

Member
I am stuck by myself on Christmas in Canada because I was denied TN yesterday at the airport. I applied as a Scientific Technician in Engineering, working for a small company (1 owner/engineer, 3 other employees). He is hiring me as Electronic Engineering Technologist. They asked if I would be supervising the other employees, and I said yes, I think so, thinking it would help my case to say that. They then asked if I would be able to take disciplinary action if need be, and I said probably, and they asked if I could hire/fire and I said maybe down the road yeah? So they denied my visa based on the fact that TN workers can't be supervisors, even though my offer letter said nothing about being a supervisor. I would have been fine otherwise, she was ready to take my money and everything. Then I had to sit and answer questions on a sworn statement and initial next to my answers, pertaining to what I had said in the interview.

My question is, would it be a good idea to re-apply for TN with the same employer, but maybe with a signed statement from the employer stating that I would not in fact be supervising other employees? Would this be sufficient to eliminate any doubt on their part?
Thanks, any advice would be extremely appreciated.
 
I should also mention that I still have OPT until february, is this now voided or can I go back to under that? They said I could go back through a land port "to get my stuff" but I wasn't clear how long I would be able to stay etc.
 
I think your OPT should be fine. They will determine your period of stay upon your re-entry to the US. I have a few questions that may help others/and myself on this forum.
1 - I dont want to sound rude, but can you please identify if you are a person of non-European descent.
2 - What border did you try your TN from ?
I sincerely apologize, but a lot is being said on the board these days and just like in your case, there have been flimsy reasons for denying entry. Some of these reasons have been unheard of in the past. I have worked with many TN holders, and none of them had any issues at the border until this year. Thank you.
 
I'm not sure what my next step should be. So you think that I'd be ok attempting to fly back tomorrow, and say that I'm going to complete my OPT? My intention would be to apply for TN status again before the 60 day post-OPT grace period is up, possibly by mail. Should I tell them that? They said I could go back to get my stuff, but that I was denied entry that day. I asked if I could fly there and rent a uhaul and drive back, and she said no it had to be a land port. I didn't understand that but she would never elaborate on anything.
 
Thanks for letting us know. I think you should go back and try one more time for a TN. You should explain that, even though they have you on record that you would have the authority to hire/fire etc. , that does not apply to the duration of this TN, and you were merely referring to the scope of the growth of that position in the future. I mean you could explain, like , who would join as a "Technologist" and immediately have authority to hire people.
I would still wait for responses from Nelson, Mister and others on the forum.
You dont have to tell them anything ( not lie of course ), but of your future plans.
The other option would be to come in on OPT, I am pretty sure they wont deny that, as it has an end date clearly mentioned on it.
 
Ok, thank you. I did try to explain that it was all speculative about supervision, but he said," Yeah, but now there's doubt. So the burden of proof is on you." Should I try to produce a signed document from the employer stating that I won't be supervising others? I imagine it would need to be an ink signature so would have to be couriered? I will await others' responses. I appreciate you replying today.
 
You got Trumped too!! Gees! My fellow Canadians, please be careful what you say at the border. Never provide extra information unless you are asked to. Educate yourself about TN pretty darn well before you go to the border to apply for TN. I'm telling you this new administration does not like Canadians at all. They don't like any foreigners. Period!
 
I have a return flight booked. I'm just going to present my valid OPT/EAD and say I'm going back to complete that and see what happens. I called a POE today and the customs officer said that should be fine, as long as i am still on valid OPT. Not sure why they wouldn't tell me that, they just kept saying I can only go back through a land POE "to get my stuff".

I will likely apply for change of status to TN. Do I have to be approved for change of status before the post-OPT grace period is over, or do I just have to have applied? I might do it by mail but I'm not sure how long that will take and if I have to leave the country or stop working while it is being processed. I will probably meet with an immigration lawyer once I get back to the US. What would be the consequences of overstaying if I am actively pursuing change of status? Thanks
 
Any new status you apply for by mail keeps you in status until a decision is rendered. But you cannot leave the US while the application is pending or it becomes void.
 
Nope. It doesn't work like that. If the TN mail application gets rejected, you'll be out of status and must leave the country. That's assuming you also apply for Change Of Status (COS) along with the TN application.
 
I see, so you can keep applying for TN if you're out of the US, but if you're in the US you only get one shot? Or are we talking about if it gets rejected after the grace period?
 
If you are inside the US, you cannot work until the TN is approved (you can work on your valid OPT). TN does not have a portability or "file and work until a decision is made" advantage. The H1B does, which might change next year. If the TN is rejected, you have 60 days to leave, provided you have an I94 longer than 60 days. I have read this information, on this very forum, posted by other members.
 
Ok, thank you.
So here's my current situation. I work for an A/V company as an audio/video technician. I like my job, and would prefer to keep it. However, I don't think that my job description fits with TN and I don't think there is anyone at the company with a degree. I have an associate's (2.5 year) degree in Electronic Engineering Technology, and a Master's in Electronic Music and Recording Media. My main duties at the company are to set up and run A/V for live events. However, sometimes I repair things in the warehouse, which is more along the lines of my previous work as an Electronic Engineering Technologist (3+ years of working as a broadcast technician doing repairs of tv/radio equipment) I'm wondering if there's a way I can spin that so that it would be approved for TN. I don't want to have my boss sign off on something where he has to lie of course, but maybe it's a bit of a gray area.
Option 1: Try to apply for TN with A/V job.

Option 2: A friend of mine operates a small business manufacturing audio synthesizer modules, and I have worked for him part-time/casual. He was who I was using to apply for TN at the border, pretty much letting me use his business as a favor. This job is more along the lines of what they want for TN under scientific technician, but it's sketchy because I know he won't be able to give me many hours, so it would basically be a ticket in until I can find something more reliable. Initially I was going to try to get approved under this job and continue working my A/V job, but this doesn't seem like a good idea. I would hate to put my friend at risk later if there were to be an audit etc. Could I seek approval under TN for this to give me time to find another job?

Option 3: Try to find a new job which can give me the hours I need and falls under TN status. I applied for one but feel like I need a bit more time if I go this route.

My OPT expires soon (Feb 8) so I'm wondering what my next step should be. Thank you all so much for the info, it's been really helpful so far.
 
Wow. you really want to stay in the US, don't you. In my opinion it does not look good.
Option 1. A/V job does not qualify for TN status. based on my understand of TN categories.
Option 2. definitely sketchy situation. that is why your TN was rejected at the border, the CBP officer could tell something was not right. he/she could tell you were not providing details . you can't get TN for one company and work for another company. looks like you need to do more homework on TN status.
Option 3. your only hope, but based on your education and work experience it appears unlikely you could find a job that would qualify for TN status.

If you really want to live in US, obtain a four year degree in Canada (like electrical engineering) and then try to find an employer to sponsor you for TN status.

Who knows, by that time, the USA may have passed some sort of immigration reform that will make it easier for people with skills in demand to obtain work authorisation.
One can dream....
 
I'm going to be re-applying for TN as an electronic engineering technologist, flying in to Vancouver with a return flight booked for a few hours after I arrive. My question is, if I am denied TN, how long do I have to wait before I can return on my valid OPT? Last time I gave it a few days, but could I just catch a later flight back the same day?
 
With all that is going on, if I were you, I would go back on my OPT. Once in, you can apply for a TN via 129 which is the safest thing to do. But knowing that you are Canadian, it may not be that much of a problem, I would still play my cards carefully. You can keep working with your OPT/EAD until your TN is adjudicated.Good Luck.
 
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