Certain professionals from Canada and Mexico are permitted to work temporarily in the United States under the TN visa. A TN visa can only be obtained for occupations that are included on the list of jobs that can be performed in the US.
The position of management consultant is among the most sought-after careers on the list.
1. An Overview of the TN Visa in General
Citizens of Canada and Mexico are able to work in the US with a TN visa. Being non-immigrant, this type of visa is only valid for a short period of time and does not immediately result in a green card. You need a job offer to work in the US in order to be eligible for a TN visa. Your suggested position must also be included in the list of occupations for TN visas.
TN Visa Advantages
- The number of times a TN visa may be renewed is unlimited.
- The US Department of Labor does not require your employer in the United States to obtain a Labor Certification.
- At a port of entry in the United States, Canadian nationals can apply directly (without getting a visa).
TN Visa Qualifications
- Must be a Mexican or Canadian citizen
- To work for a company in the US, you must have a job offer with respect to TN Visa professions.
- The intended employment in the US must meet the educational and professional requirements of the US position and be included on the TN Visa Occupation List.
- Needs to intend not to immigrate
2. TN Visa Management Consultant Definition
“For providing services that are directed toward improving the managerial, operating, and economic performance of public and private entities by analyzing and resolving strategic and operating problems and thereby improving the entity’s goals, objectives, policies, strategies, administration, organization, and operation,” according to the TN regulations, is the definition of management consultant. [“NAFTA Admissions,” Chapter 15 of the Legacy INS IFM, 14-1 INS Manuals 15.5]
In essence, management consultants assist companies by pointing out areas of weakness and offering suggestions for enhancing overall performance.
3. Particular Conditions for Management Consultants
1. Requirement for Education and Work Experience
According to the TN regulations, a consultant for TN visa management must possess the following credentials:
A bachelor’s or master’s degree; five years of management consulting experience; or five years of experience in a field relevant to the consulting agreement;
2. Position with US Corporation
Consultants for TN visa management “must be either independent consultants of the U.S. company or employees of a consulting company,” according to the TN regulations. [Chapter 14: TN Visa and Status, Business Immigration Law and Practice, Second Edition]
The following is specifically stated in the INS guidelines:
“Most management consultants work as independent contractors or as staff members of consulting firms that have contracts with US organizations. When they are not filling newly created positions or taking on existing ones, they may be paid employees of the US entities to which they are providing services. Their only option as a salaried staff member of such a U.S. entity is to cover supernumerary temporary roles. However, the employee might be visiting temporarily to fill a permanent position if the employer is a management consulting firm in the United States. [“NAFTA Admissions,” Chapter 15 of the Legacy INS IFM, 14-1 INS Manuals 15.5]
4. The Advantages of Using Classification in Management Consulting
A bachelor’s degree is not necessary.
Most careers that require a TN visa require at least a bachelor’s degree. One of the few jobs that doesn’t require a bachelor’s degree is the management consultant position for TN visas.
One of the few jobs in Tennessee that accepts five years of professional experience in lieu of a bachelor’s degree is management.
5. Tighter Inspection for the Role of Management Consultant
One of the hardest jobs for which to obtain a TN visa is that of management consultant.
Due to the lack of a bachelor’s degree requirement, American companies seeking to fill positions frequently take advantage of and misuse the management consultant category.
Immigration officers are especially aware of the management consultant role because of these factors.
The position of management consultant is scrutinized more closely by immigration officials.
6. Practical Advice for Beating the Odds in Your TN Visa Management Consultant Application
When submitting an application for a TN visa as a management consultant, keep the following points in mind:
1. Consult an Expert Immigration Attorney
More scrutiny is applied to management consultants than to other TN visa applicants.
You might want to work with an immigration attorney who specializes in managing consultant cases to give yourself an advantage.
2. Recognize Your Situation
You ought to be ready to respond to inquiries about specifics of your case.
Here are some questions you should be able to answer:
- What are your regular work responsibilities?
- With your U.S. employer, are you an employee or an independent contractor?
- Why were you assigned to work for the American employer?
If and when you are questioned by an immigration official, having knowledge of the specifics of your case will be beneficial.
3. Provide Appropriate Documentation
- Another situation where an immigration attorney will be useful is this one.
- Documentation that elucidates the particulars of your case should be included.
- A general list of the documents that need to be attached to your case is provided below.
7. Files Needed for Your Petition as a TN Visa Management Consultant
A general list of some documents to include is provided below:
- A duplicate passport;
- Clearly worded letter from US employer outlining the need for your management consulting services
- An employment contract or agreement that outlines the terms of your relationship, compensation, and other details between you and your U.S. employer.
- Transcripts of degrees (if applicable)
- Diplomas
- Resumé
- Proof that you intend to remain an immigrant
- Proof of your previous management consulting experience, if any.
8. Final Thoughts
Citizens of Canada and Mexico can live and work in the United States with the TN visa. More than sixty different professions are qualified for a TN visa. The role of management consultant is among the most well-liked. Even without a bachelor’s degree, an individual may be eligible for a TN visa through their designation as a management consultant. The management consultant role is more scrutinized than other TN visa occupations, though. For this reason, if you intend to apply for a TN visa as a management consultant, it is best to collaborate closely with an accomplished immigration lawyer.
