TN visa denied for Management Consultant category

V

VancouvertoLA

New Member
Hi,
My TN visa was denied at Pearson . They kept me waiting for over 2 hours , then called me over to ask some basic questions about my role. In the end after 4 hours, they denied my application as they felt I did not fit a Management Consultant category. That I would be a full time employee as such and not a consultant. My role infact had a lot of consulting duties like creating business cases, value proposition for product launches, recommending ways to increase profitability etc.

Without revealing too much- this was a Technical Product owner role for a very large US company (not a consulting firm). I have an MBA and another masters degree from the US with 15 years of consulting/ industry experience. I was fingerprinted, photographed and they asked me to withdraw my application formally. I spent a lot of my money out of pocket. I hired a local US lawyer who recommended Mgmt Consultant but I felt his letter was drafted in a hurry. I then went to a second lawyer who also recommended this same category. This second lawyer drafted a support letter and then I got it reviewed /signed off by legal/HR dept. With this denial all my hopes have come crashing down, feeling absolutely hopeless. Got this offer after a lot of effort and I really liked the role.
1. Will this denial/withdrawal impact my ability to travel to the US for visits?- Border agent said nothing wrong with me, and the note/form is only to record the happenings for that day.
2. My lawyer has recommended to redraft the letter , put an hourly rate etc. I am not willing to do this.
3. Why does the candidate only bear the brunt of these actions. Two lawyers selected the Mgmt consultant category, convinced me it will work and even the company's legal dept. agreed to it. I just went with their recommendation. Had they strongly indicated the risks, I would not have applied. Do the lawyers get pulled up for questioning when they cross into the US ( if they are a Canadian -us immigration law firm)
4. Can I apply for a TN now through another employer ( if I get an offer?)
5. If I get denied for the second TN application for another employer , will I be banned ?
6. I hear that one can apply three times for a TN. Is this for the same employer or does this include all your chances?

Thanks!
 
1. No, you csn still visit US when restrictions are lifted.
2. shrug
3. Because you are the beneficiary. If you wish to take action against your lawyers, have at it. TN is designed to be done without lawyers, so...
4. Of course
5. No.
6. There is no such numerical restriction. If however, the CBP senses, on whatever petition attempt you are making, to falsify information, or hide something they can deny you entry, or even bar you. That applies at anytime, even when going to shop across the border.
 
VancouvertoLA said:
1. Will this denial/withdrawal impact my ability to travel to the US for visits?- Border agent said nothing wrong with me, and the note/form is only to record the happenings for that day.
2. My lawyer has recommended to redraft the letter , put an hourly rate etc. I am not willing to do this.
3. Why does the candidate only bear the brunt of these actions. Two lawyers selected the Mgmt consultant category, convinced me it will work and even the company's legal dept. agreed to it. I just went with their recommendation. Had they strongly indicated the risks, I would not have applied. Do the lawyers get pulled up for questioning when they cross into the US ( if they are a Canadian -us immigration law firm)
4. Can I apply for a TN now through another employer ( if I get an offer?)
5. If I get denied for the second TN application for another employer , will I be banned ?
6. I hear that one can apply three times for a TN. Is this for the same employer or does this include all your chances?

Thanks!
Click to expand...

1. There is no negative bias to having a bona-fide TN application denied.

2. In your shoes I'd consider a new lawyer, simply to get a fresh perspective. Clearly whatever lawyer #1 did, failed.

3. No one forced you to hire a lawyer. No one forced you to pick lawyer(s) who were (in your opinion) unrealistic about the process. You could, and still can, choose to do your own research and make your own application without legal counsel.

4. You can apply again for the same or a different employer. If you are applying again for the same employer, make sure you can demonstrate a good-faith effort to remedy whatever caused the officer to reject your original application.

5. You will not be banned. Why is this even a thought in your mind? People get barred from the USA when they have committed criminal acts and/or lie to border officers.

6. Whoever told you this... stop talking to them. They are a disruptive influence on your life.
 
Thank you Grant2. This is such a confidence inducing post. Yup , haven't done anything wrong . I just applied for a visa for a legal job offer.
 
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