OPT to TN Visa (Canadian citizen wanting to work in US)

[jmyun1004 0]

Hi everyone,

First post here. I am a Canadian citizen, and I just wrapped up my MA degree here in DC. I am currently on OPT status under my F1 visa, which is valid until next summer.

I currently work at a boutique US management consulting firm in DC, and am hoping to get obtain TN status while my OPT is still active. I've read that the "Management Consultant" category is the most heavily scrutinized when applying for the TN, though I believe that I meet the qualifications.

A couple questions I had:

1) Since I'm already in the US on valid work authorization, I have the option to either apply for the TN at a port-of-entry (POE) or apply for "Change of Status" with the I-129 form. Since I have my OPT for the next several months, timing is not really an issue for me, and the difference in fees is not a huge concern. However, aside from that, can anyone advise on which option would be better/less "risky"?

2) If it's advisable to apply at a port of entry, would I be able to still enter the US on my F1 visa/OPT if my TN request were denied? What other options would I have if it were denied (e.g. could I try again at another POE or go through the change-of-status process)?

3) What are your experiences with the various POEs? My family back home is based in Toronto, so that's where I would be leaving from in Canada.

4) Should I retain the services of a lawyer in preparing my application, or would that just be a waste of money?

Any other advice would be greatly appreciated--I don't know many people who have been in my situation, so I'm hoping that this forum might have some answers

Thanks in advance,

L

[CdnRN 40]

I came down initially on a TN visa. But, mine was easy - I'm a nurse so was ushered in at my POE. I did decide to have a 1hr consultation with an immigration lawyer to ask my questions. I found it helpful.

[Manzan76 6]

My experience with the TN approval and renewals has also been easy (engineer). The key is to have as much documentation as possible, in case they ask for it. Job offer letter, copy of your degree, even transcripts. Need to be able to convince the IO that your job is related to your degree.

[CdnRN 40]

Have copies of everything you bring so they can keep a set too.

[Melibelle 10]

I believe the reason why Management Consultant is so highly scrutinized is because it's one of the few (or maybe only?) TN categories that you can use if you don't have a university degree in your proposed field of work. If you have that, then it might not be so difficult.

When you say you're applying, do you not mean that your company is applying on your behalf? And if so, can they secure a lawyer for your application?

My husband came to the US on two separate Management Consultant TNs for two different companies and in both cases, the companies had lawyers prepare the evidence paperwork which was pretty extensive, but he is missing the proper degree. The first company actually was able to submit the paperwork in advance such that he was preapproved before he went to the POE. If you are worried, you might ask your company to do the same, although it is more expensive. For his second TN, he applied at the POE with his giant dossier and had no issues. In both cases, he came through the Montreal airport. They did take all his paperwork.

I think if you do a search for TN denial, you'll find an answer about what happens if you get rejected. My recollection (when we were worried about my husband getting through) was that you would not be allowed in if your TN was denied.