My TN Visa was denied. What can I do?
Q. I am a Canadian citizen with a job offer in New York as a graphic designer. I went to the Rainbow Bridge in Niagra falls to apply for the visa but was denied. The US customs offer told me that my job offer was not sufficient but did not give me much more details. I am very upset as I really need this job. Can I re-apply? What are my options?
A. Hello Dave
I am sorry to hear about your TN Visa refusal. Applications for TN Visas are generally straight forward in terms of the documentation required for the visa process. But don’t let that fool you! As you have experienced, TN Visas can easily be denied on grounds of “improper documentation”. As a graphic designer, your occupation appears on the NAFTA list of occuations. But in order to qualify you have to meet the educational/experience requirements for that job. If you do, you have to prove it. How you prove it is by showing your educational documents and letters of reference where applicable.
But you also have to demonstrate that you have a genuine job offer in the US that meets the criteria for a graphic designer . Your job offer must show that your the duties you will perform are consistent with that of a graphic designer, that the job is temporary in nature and that the company is legitimate. You will also have to show that you have sufficient ties to your home country (Canada). Remember TN visas are temporary in nature and that your intention is not to “immigrate to the US”.
Now that you got refused, you can still re-apply but your documentation has to be improved based on what you mentioned happened. For TN Visas and other US visas it is best to seek professional help before you apply or after a refusal.
About Michael Niren
Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more
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