Why Consider the Management Consultant TN Category?
If a Mexican or Canadian citizen is interested in applying for a job whose description does not correspond to one of the professions on the NAFTA list, he will not qualify for TN nonimmigrant status. For this reason, the "Management Consultant" profession is especially appealing. This category is broad enough to encompass numerous jobs that might not otherwise fall under the professions in the NAFTA list. For example, many computer consultants may be able to qualify for TN status as management consultants. Further, management consultant is one of only two listed occupations under which an applicant may qualify without a formal degree. An applicant seeking to enter the U.S. as a management consultant must have either a bachelor's degree or a licenciatura degree "or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement."
While the management consultant category is popular, used by many applicants, and often favorably adjudicated, there are pitfalls to consider. For example, although the period of stay for TN nonimmigrant status has been increased from one to three years, Customs and Border Patrol officers have been known to refuse to issue three-year TN status for those applying in this category. Many CBP officers apparently believe that management consultants need only one year to perform their consulting functions. Therefore, if a TN applicant is interested in pursuing this category, it is critical to demonstrate why the three-year term is necessary. Proof may involve detailed documentation describing the nature of the work to be performed, how long it will take, and justification for assignment length. If proof is found to be insufficient, the applicant may be granted only one year of TN nonimmigrant status, or denied altogether.
Further, management consultant applications tend to be adjudicated strictly. For example, some ports of entry take the position that management consultants may only advise management and may not assist in the implementation of their recommendations. If the job description includes such implementation, the application may be denied.
In addition, management consultants are typically independent contractors or employees of consulting firms under contract to U.S. employers. Management consultants may be salaried employees of the U.S. entity to which they are providing services only if they are assuming supernumerary temporary positions, not existing or newly created positions. This requirement effectively limits the types of positions that will qualify for TN status. For example, a computer consultant assuming a permanent position with the entity to which she intends to provide services would be considered an employee rather than a management consultant, and thus be ineligible for TN status. Management consultant applications are often denied when the adjudicator believes that the applicant is an employee of the sponsoring company to whom services will ultimately be provided, or is assuming a permanent position within that sponsoring company. Note, however, if the sponsoring company is a U.S. management consulting firm, the employee may be coming temporarily to fill a permanent position.
How Many Times can a Mexican or Canadian Citizen Apply for TN status?
Can the TN Applicant's Family Accompany Him to the U.S.?
How Can an Applicant Apply for TN Status if Already in the U.S.?
H-1B v. TN - Weighing The Options