It is a common scene, repeated over and over again in different positions Canada-US border. A young Canadian approaches an officer of the United States Department of Homeland Security, and gives him a small stack of documents prepared for him by the head of personnel department of his future employer.

“I am here to ask for a TN visa,” says the plaintiff.

“In which category?”

“Uh … Management Consulting.”

The immigration officer in relation to documents in a tone of disgust and said the applicant to take a seat. Thirty minutes later the agent calls the applicant in an office and for one hour sets tough resistance testing.

“What’s that?” asked the officer shoved a piece of letterhead in his face.
The document requested peers. “This is a letter from the company that will rent to me.”

“It is too short and does not describe a management problem,” said the officer, threw the letter aside and moved to another document. “How would that be?”

“This is my resume,” says the applicant, his face turning red.

“Uh, uh …” said the officer. “All you try to drag?”

“What do you mean?” Applicant’s request.

“You’re not a management consultant. They have no management experience.”

And so on …

The result: rejection of the request TN. The reason: either the position or the applicant does not qualify for the designation of a business consultant. The consequences: waste of time, lost money, loss of an employee be useful to the loss of a lucrative job opportunity and humiliation.

Class management consultants – a perceived gap incorrect
Like most people in HR management knowledge involved, the North American Free Trade Agreement (NAFTA), the implementation of certain Canadian professionals in the high-demand jobs in the United States easier. As the candidate fits into the punch professional groups listed in Annex 1603.D.1 NAFTA is to avoid the companies the longer processing time and costs associated with the H-1B visa.

Most categories of NAFTA require at least a baccalaureate degree. And demonstrate how the candidate he can provide the necessary training, the approval of a TN visa is practically assured. For example, a Canadian engineer with a bachelor’s degree have no problem for an engineer with a U.S. company.

Some categories of NAFTA, however, permit the substitution of work experience instead of a bachelor’s degree. One of them is the category of management consultants, the “five years of experience as a consultant, or five years experience in a specialty related to the consulting agreement” to replace allowed Bachelor disappeared.

Unfortunately, the category of business consultants is bad by many HR managers as a “loophole” in immigration law that to become highly qualified candidates who have not completed a degree course perceived allowed officials but who are otherwise due for the position their experience with the object offered qualified.

Said Mr. managers often send non-graduates as professionals who have “would accept a management consultant” with no experience in border management, which is now in a job in the States or they send unqualified candidates with experience in border security, with the intention by them in positions of long-term management with U.S. companies. Applications like these are always bound to fail.

Why is the appointment of a management consultant is so hard to get

USCIS free trade officials are aware that the misconceptions exist with respect to the category of management consultant. They rule and deny countless applications TN wrong in this category on a daily basis. So if someone from Canada and the U.S. border with a TN application for registration in the category management consultant comes, the custody of the officials to immediately rise.

Although it is for the officer to refuse a visa TN, if the applicant has a university degree is difficult, it is simply the question whether the experience of a candidate with no qualifications “relevant” to offer the position of consultant. It is important to realize that immigration laws of the United States gives its workers free trade and unfettered discretion to make a decision on a visa under NAFTA. Rejections are not final. So if she is able to use this discretion, they have … with a vengeance.

Make no mistake: the Free Agent will go through every word of an application of the AMT, compare the candidates CV and reference letters in the workforce are based, find and analyze the contradictions of writing enterprise, including its financial statements. Finally, the agent thoroughly grilled by the applicant relating to his alleged prior experience and its functions, the new with the company. Most applications in the category of management consultant does not hold up to such scrutiny.

So what is a management consultant at all?

Contrary to the opinion of most human resource managers a “consultant” (for the purposes of immigration laws in the U.S.) is not a manager. A “consultant” is a consultant for the management of an organization dedicated to the solution of a management system, particularly in the short term. Problem officers see this free trade consultants “hired guns”: they are hired to solve a particular problem, then they should offer benefits such as retirement and 401K plans, stock options and life insurance, leave, be incompatible with. this view. These types of services are all signs of a permanent employee is not a temporary employee in the short term.

Therefore, at a minimum, cover letter of the company to the INS, specific management problems be solved, because of the short-term need for an external consultant, as the applicant is qualified to solve the problem, and compensation schemes. The application should include a CV, documentation of at least five full years of relevant work experience and references details of all previous employers with the resume. The contradictions between one of the above documents will be duly noted by the agent of free trade, and will likely result in the denial of a TN visa.

The effect of last refusal

All is not lost if a TN visa is rejected by an agent of free trade. The same full and unrestricted discretion exercised by a representative of free trade allows the officer to reconsider an application as if it were presented for the first time they wish. For this reason, it is quite possible that an applicant is rejected by an agent at Niagara Falls in the morning and approved by another officer at Pearson International Airport in the afternoon without recommend modifications from applying, however, not our company, the second approach because some representatives of the reapplication of the same day see as an attempt to beat the system.

Our company has successfully completed a number of people who have been rejected once, twice or three times even encouraged. (. Of course, the more time is denied, the more difficult is the case) Our task as lawyers experienced immigration is the same in all such cases, proposed a.) A full assessment of the applicant and employment b. ) The selection of the correct type of visa, and c) Installation of most USCIS Friendly visa application possible.

Some recommendations

It is always better for all concerned if instead of trying to immigration issues important in their own right, Human Resource Manager and the potential for AMT to take the time to consult a professional before applying for a visa, Immigration Deal. This saves time, money and frustration are a good investment. However, if they insist on dealing with these sensitive cases on its own, it is worth considering the following points:

1. A consultant is a mercenary, hired as a consultant to management on a management problem to solve in the short term;

2. A consultant should not be compensated for by the basic remuneration;

3. An applicant without a degree must have a minimum of five full years of verifiable experience as a consultant for the administration or in a field related to the consulting agreement. Be sure to show the documents every five years;

4. There should be no discrepancy between any of the documents accessible to the agent of free trade;

5. Applicants must be prepared to respond intelligently and in detail, the officer’s questions: a.) the experience of the candidate, and b) the management problem, he or she is instructed to solve;

6. An application of the AMT should be made jointly with an “entry”. The applicant shall not be responsible for seeing the line at the border in advance whether the officer issuing the visa, and finally

7. Always remember that the free trade officers have absolute discretion and without hindrance to the case of NAFTA rule. Therefore, the applicant must be with an attitude as much respect as possible to present.

Article Source: http://EzineArticles.com/?expert=Orlando_Ortega-Medina

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