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A Client had applied for TN status as a Management Consultant with our assistance, at a Canadian airport that had a US pre-clearance center. The application was made when the Client was flying to a US destination and presented the application then.
The officer that adjudicated this application, indicated that a management consultant would have to be paid by a US source and used obscure language from the regulations in the INA (Immigration and Nationality Act) that was not relevant at all to TN applications in order to deny the application.
We looked at the I-275 (Withdrawal of Application for Admission notice) and realized the regulations that were cited, were not at all relevant to TN applications. We also knew that TN applicants did not have to be paid by the petitioner. So long as the individual is seeking status for a professional occupation on the NAFTA TN list, and is going to provide professional services, the solution was to demonstrate this using the INA regulations.
We therefore, prepared a new cover letter, explaining what had transpired with the previous application, and citing the relevant regulations, we put forth convincing submissions that that previous officer was incorrect in his assessment. We prepared our Client for a re-application at another Port-of-Entry.
The Client was successful in attaining TN status as a Management Consultant for a three (3) year period. The Officer read our letter along with the the application materials and did not have any questions for our Client.
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