Walt Woo

I am working in the US based on TN status and was always under the impression that as
long as the appropriate/required documentation was presented at the port of entry,
the TN status was granted. Recently, I was talking to some other "TN's" and they
stated that in some professions, it is more difficult to get TN status than in
others, even if the individual brought all the appropriate documents (the individuals
that I was talking had backgounds in business). Can anyone clarify this for me ?

As well, I have always believed/assumed that the number of TN's issued was
"unlimited" (i.e. no cap). Is there a limit ?

Thanks,

Walt Boston, MA

Stuart

You are both correct. As long as the job description, NAFTA classification, job title
and your education all are consistent, then getting a TN should be no problem.

There are several reasons for TN failures ...

First - The Job Description does not match the category ... Management consultant is
one common category with problems because a Management consultant is NOT a manager,
director or otherwise perform managerial activities for the employer. A Systems
Analyst does NOT have programming as a significant part of his duty.

Second - Education does not match. People try to push the envelope beyond what the
INS officer can understand. Unless specifically stated, you cannot substitute
experience for education. Your education must match what is required almost letter
for letter, and the subject of your degree must be closely related to the category or
be demonstrably related to the job and category combined. You cannot have anything
but a degree if you got your education outside N. America if the category allows say
a 2 year diploma. You cannot have an accelerated diploma ... A 2 year course done
intensively in 9 months will not work.

Third - Bad documentation. This is the MAJOR reason for refusal. The letter should
not simply be your offer letter. It should detail your duties, and not regurgitate
the DoT description for the job. It should detail your job title, and how it and your
job duties and your education and how they apply to the NAFTA category. It must
accurately show your remuneration including salary and benefits. It must specify the
start date and acknowledge that both you and the employer understand that you must
leave the USA on completion of the year or as otherwise determined by the INS. If
your degree was issued abroad, you need a Credentials evaluation to show it is
equivalent to a US degree.

There is no cap on the number of TN-1s issued to Canadians. There is a cap on TN-2s
issued to Mexicans. There is no technical limit to the number of times a TN can be
renewed, but expect increased scrutint with every extension.

Stuart

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