Peace Bridge Recap for June

A View at night of the Peace Bridge

Berardi Immigration Law presented 15 TN and L-1 petitions to U.S. Customs & Border Protection (CBP) on behalf of our clients. This month, most of our clients were submitting petitions for L-1A or L-1B status, but a few clients presented applications for TN status as Nurses and Management Consultants. We provide highlights of two of these cases below:

• Applying for a second Management Consultant TN with the same U.S. employer often requires nuance to differentiate job duties.

Management Consultant TNs generally provide short-term help for a client in the U.S. and thus, they generally do not receive the maximum three-year period allowed under the NAFTA regulations for TNs. It can be difficult to obtain extensions of TN status for Management Consultants because the government often suspects that an applicant is a full-time employee rather than a true consultant. To overcome this suspicion, one must show that the consultant’s services are still needed in an advisory role. 

Two years ago, we helped a client obtain TN status as a Management Consultant for a two-year period, which was the period of time he believed would be necessary to complete a consulting project in the U.S.  However, while in the U.S. a new project for the same employer required the consultant’s services. In drafting our client’s renewal application, we clearly differentiated between the previous consultancy and the new project the consultant would be advising on. Our request for a two-year extension was approved.

• Customs and Border Protection cannot approve a TN visa unless all of the documentation requirements under NAFTA are present.

There are over 60 NAFTA-approved professions, each with its own requirements for proof of eligibility. It is imperative that all required documentation is provided to the NAFTA Free Trade Officer in order for the TN visa to be approved. One such missing document can result in a denial.

Our client is a Registered Nurse who meets all the eligibility requirements for a TN visa. However, when she originally applied for a TN visa, she was denied because she did not have a letter from her U.S. employer. After the denial, she contacted Berardi Immigration Law and we were able to assemble her application packet in full and coordinate inclusion of all of the required documentation for her to quickly obtain her TN visa. 

Our attorneys meet dozens of clients at the Peace Bridge in Buffalo, N.Y., to assist in the application process for a visa under the NAFTA category. If you are interested in applying for a TN or L-1 visa, please contact our office to schedule a consultation with one of our attorneys today!

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