TN Visa Denied - Accountant to Managment Consultant

#1
Hi All,

I have an issue here that I need your advice. I just been denied a TN visa for the first time.

A little background, I got my BS and MS in Accounting in the US. The past 4 jobs that I have had were accounting related (audit or tax) and were with the Big 4. Recently I was offered a “Management Consulting” job with another Big 4 that really doesn’t involve accounting but will involve working with the accounting teams to close deals and such. They wanted me because of my accounting experience. Long story short they had their immigration lawyers draft up everything and sent me everything.

When I went through the airport to apply for my TN visa I was questioned non-stop on why I qualify as a Management Consultant when I have been doing work as an Accountant. Then later the CBP officer denied me because he said I didn’t qualify to be a Management Consultant and my roles stated in my resume didn’t match accounting roles (I generalized and made broader points about my roles vs specific tasks I did). He told me to draft the letter again reapply.

My question is, he never said to reapply as a Management Consultant or Accountant. Would it be easier if I ask my new firm to re-draft me a offer letter and TN visa letter and saying they want me as an accountant vs manager consultant?

To be honest I fit this new role perfectly. He also said your new role sounds like a manager and that’s not TN eligible. Should I also go back to the same POE or try a land crossing?

He also said I wouldn’t be allowed to go back to the US as a tourist even though I am a Canadian citizen (my parents all live in the US, I have no physical address here). Would I be able to broad a plane and go back to the US and pack up my life in case the the worst happens?


Any help with this would be appreciated. Should I go through the same POE or a different one?
 

nelsona

Registered Users (C)
#2
On the second point: you will not be allowed back in as a tourist -- which includes going back to tie up loose ends -- since you have not re-established ties outside Canada.
Your lawyers will have to pick the category. You are qualified for MC, the letter needs to make a stronger case for the job.
 
#3
On the second point: you will not be allowed back in as a tourist -- which includes going back to tie up loose ends -- since you have not re-established ties outside Canada.
Your lawyers will have to pick the category. You are qualified for MC, the letter needs to make a stronger case for the job.
Can the letter be written for Accounting instead of NFTA? I can ask them to supersede my previous offer with new one.

If I have a new application when I reapply sometime next week as an “Accountant” vs “Management Consulting” won’t they ask something like this?

“I see you applied last week and were denied under management consulting, why did you change your job category to accounting? And is it a different role within the organization from what you previously submitted?”

I am fairly confident that I can get through with an “Accountant” switch on my new TN visa because my past 4 have been that however I just don’t know how CBP will feel if I switch it.

I also been told to go through another POE if I am going to go this route because this would be a new application.
 

nelsona

Registered Users (C)
#6
MC is not a job duty, it is more of a manner of relationship with a firm. Most TNers apply for MC category when they cannot qualify for TN otherwise. You can be a accountant consultant on TN, paid by 1099.
Since the border asked for that, then why fight them.
As I said, your lawyers will decide.
I do disagree that you should go to another POE. It is not really a new application: same person + same company =same process
 
#7
MC is not a job duty, it is more of a manner of relationship with a firm. Most TNers apply for MC category when they cannot qualify for TN otherwise. You can be a accountant consultant on TN, paid by 1099.
Since the border asked for that, then why fight them.
As I said, your lawyers will decide.
I do disagree that you should go to another POE. It is not really a new application: same person + same company =same process
I got through on Monday by changing the category back to Accountant. After scolding me for 10 minutes she said I should have applied for Accountant in the first place since MC is the most scrutinized and 95% of the work is accounting related. She took my TN application package though, is that normal? I never had that happen.
 
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