TN Visa refusal Q&A
Question: I applied for a TN Visa at the Niagara Falls Border. I applied as a computer systems analyst. I thought that my education and experience was enough for me to qualify for the TN. However, the officer said that my US job offer was not “proper”. He told me that the duration of the employment and the duties of the job were not according to NAFTA. What do I do?
Peter L.
What are my options when my TN Visa is denied?
Answer: Peter, the situation you presented is unfortunately all too common. I cannot comment on your particular case as I have not seen your documentation. However, in our immigration practice, we encounter many TN Visa applicants who get refused for “technical reasons”.
In many cases, applicants are well qualified for TN Visas and have valid US Job offers. However, such applicants are often shocked to hear that their TN Visa applications are denied at the border. This happens for the a multitude of reasons including an improperly drafted US job offer or insufficient documentation concerning the applicant’s education or work experience.
The key to successful TN Visa cases is to ensure that the applicant have a well-presented “application package” that conforms with all the NAFTA Visa requirements. Just because you “qualify” for a TN Visa, this does not mean that you will get one. To be issued the TN Visa, it is essential that your job offer, education and work experience contain all the relevant information needed to show the immigration officer that you do indeed qualify.
President & CEO
Michael Niren
Mr. Niren is CEO of VisaPlace LLC and the President and Managing Partner of VisaPlace Legal Canada, an immigration law firm based in Toronto, and VisaPlace Legal US a law firm registered in The District of Columbia, USA. Mr. Niren is a graduate of Osgoode Hall Law School in Toronto, a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section, American Lawyers Association, and an Associate Member of the American Bar Association.
