Last week, our Associate Attorney Jennifer Early represented a client at the Peace Bridge who works as a Management Consultant for the international developer of water, sanitation and hygiene programs.
CBP inspectors consider the Management Consultant category under NAFTA to be an invitation for fraud and abuse. To qualify for TN status under most NAFTA designations, an applicant must possess a Bachelor’s (Baccalaureate) or Licenciatura degree in the field. The Management Consultant category, however, does not necessarily require a degree – instead, the regulations allow eligibility based on equivalent professional experience as a consultant, or in a field of specialty relating to the consulting assignment. (Learn more by visiting our NAFTA Visa Website.)
With the understanding that the CBP officer must determine if our client’s job offer is truly a consulting position, we carefully drafted his application and highlighted how he provides services to help international development programs improve their performance. Among the required documentation, we submitted a sample of his work showing how he analyzes existing policies and develops improved plans for the organization’s administration and goals. Ms. Early met our client at the Peace Bridge, and upon presenting his application, he was issued TN status for the full three-year period allowed.
As one of the few NAFTA categories without an educational requirement, the very flexibility offered with the Management Consultant designation can often become a pitfall for uninformed applicants. Berardi Immigration Law can assist you with clear legal analysis and careful documentation for your application.
We encourage you to contact our Immigration Attorneys for a thorough analysis of your case prior to presenting an application at the Peace Bridge or other port of entry. Let us help you cross the border with confidence!
