Recently, Berardi Immigration Law was contacted by a Canadian business person who had been offered employment in the U.S.  Ms. Berardi consulted with the client and determined that he qualified for TN status as a Management Consultant (one of 63 professionals authorized by the North America Free Trade Agreement or “NAFTA”), even though he did not hold a Bachelor’s degree.

This was a very unique case involving a brewing company requiring the services of an individual with practical “hands on” construction and fabrication knowledge as well as project management experience to provide consulting services during a major expansion at one of their facilities.  Obtaining TN status as a Management Consultant can be difficult as CBP scrutinizes this particular category very closely due to widespread abuse.  In cases where the applicant lacks a four-year degree, CBP analyzes the links between their professional background and how it relates to the job offered to determine whether or not the position meets the NAFTA requirements.

To demonstrate that our client qualified for TN classification, we prepared a document describing the petitioning employer, the applicant’s professional experience, and the proposed Management Consultant assignment.  Ms. Berardi also presented supporting documentation to further strengthen the case.

When the application package was complete, Ms. Berardi met the client at the Peace Bridge and submitted the documentation to CBP.  The initial CBP Inspector had doubts regarding our client’s qualification for TN status and Ms. Berardi escalated the case to the attention of the CBP Supervisor on duty where she successfully argued our position on his eligibility.

Our client’s application was approved on the spot and TN status was granted, as requested, for a two-year period allowing this individual to begin his employment in the United States.

If you are a Management Consultant who does not hold a Bachelor’s degree and you are seeking work in the U.S., Berardi Immigration Law can provide assistance.  Call us at 877-721-6100 or click here to send us an email.

Page Summary:  Canadian professional obtained TN status as a Management Consultant based on experience rather than holding a four-year bachelor's degree.