Under the NAFTA treaty, Canadian or Mexican citizens can apply to work in the U.S. as a Management Consultant.  This position is designated for individuals who provide “big picture” services to corporations and make suggestions or recommendations for improvement.

In general, most professional designations under the treaty require an applicant to possess a Bachelor’s degree.   However, Management Consultants are not required to have a bachelor’s degree.  They can qualify with either 5 years of industry or consulting experience.

There is widespread abuse of the Management Consultant category, so CBP examines these applications very closely.  There are additional obstacles for consultants.  For example, Management Consultants are frequently independent contractors as opposed to employees of a consulting firm.  CBP officials do not like this set-up and prefer to have applicants demonstrate that they are either an employee of the sponsoring company or that they are assuming a permanent position with the company, which is generally not the case.

TN visa applications for Management Consultants are generally denied because applicants fail to properly demonstrate an employer-consultant relationship or applicants fail to demonstrate how their experience meets the job requirements.

Don’t gamble at the border.  Your TN Management Consultant package must be carefully prepared. To help CBP officials determine whether an applicant is an employee or an independent contractor, and when, where and how services will be provided, include an agreement that clearly describes the relationship that will be in place during the consulting period with a TN visa application.

To demonstrate how experience matches the job requirements, submit application letters with supporting documentation that clearly shows how prior experience matches the job offer.

If you are a Management Consultant unsure of how to prepare a well-supported application, Berardi Immigration Law can help. Call us at 877-721-6100 or click here to send us an email.