TN Visa - Management Consultant
NAFTA Requirements for TN Visa as a Management Consultant.
To qualify for TN visa status under NAFTA as a Management Consultant, an applicant must possess one of the following:
1. A Bachelor’s (Baccalaureate) degree;
2. Licenciatura Degree;
3. Equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant; or
4. Five years experience in a field of specialty related to the consulting agreement.
See 8 C.F.R. § 214.6 (c).
Basic Points for Management Consultant TN Visas.
For purposes of U.S. immigration law, a Management Consultant is not a manager. A Management Consultant is a consultant to management hired by a company to help solve a particular short-term management problem. An applicant for TN visa status under this category can only provide advice and make recommendations. The applicant cannot be actively involved in the management of the company. Nor can the applicant actively implement any of his or her suggestions or recommendations. The advice and suggestions must be implemented by others at the company.
NAFTA Handbook Guidance.
As defined in the NAFTA Handbook, a manual utilized by immigration officials for guidance on NAFTA issues, Management Consultants “provide services that are directed toward improving the managerial, operating, and economic performance of public and private entities by analyzing and resolving strategic and operating problems and thereby improving the entity’s goals, objectives, policies, strategies, administration, organization, and operation.” NAFTA Handbook (Nov. 1999).
Management Consultants are usually independent contractors or employees of consulting firms under contracts to U.S. entities. Management Consultants may be salaried employees of the U.S. entities to which they are providing services only when they are not assuming existing positions or filling newly created positions. As a salaried employee of such an U.S. entity, they may only fill supernumerary temporary positions. Id.
On the other hand, if the employer is a U.S. management-consulting firm, an applicant for TN visa status as a Management Consultant may be coming temporarily to fill a permanent position. Id.
Articles:
Additional Materials:
- Blog Posts - Management Consultant TN Visas.
- Approvals - Management Consultant TN Visas.
References:
- NAFTA Handbook (November 1999).
- OOH, Management Analysts (2008-09).
Revised July 13, 2008.