Although both U.S. Customs and Border Protection and U.S. Citizenship and Immigration Services have increased scrutiny on the adjudication of TN visa applications, we continue to see a high rate of approvals both by mail and at the border. Due to the increased scrutiny being applied by adjudicating Officers, it is crucial that every detail is considered and accounted for when making an application. This applies to applications at the border and by mail.
There has been a clear shift in the adjudication of TN visas that has resulted in an all time high rate of denials and refusals. Many that have had TN visas in the past are seeing their TN visas revoked and are unable to obtain renewals . The changes have nothing to do with a change in NAFTA, they have to do with a change in the application of NAFTA.
Some recent reasons for denials and refusals that we have seen are:
- Education that is not substantially similar to the required education under NAFTA.
- Experience that is not properly supported through former employer/experience letters.
- Experience that is not closely aligned with the proposed duties.
- Job title and duties that does not clearly fit within a NAFTA profession.
- Consultants that do not fit within the NAFTA definition of Management Consultant.
- IT professionals that do not have the proper experience and/or education under NAFTA.
- Professionals working in allied or closely related NAFTA professions that are not longer seen as a fit under NAFTA.
- Poorly worded and drafted offer/support letters.
- Documentation that does not sufficiently support the NAFTA profession.
Despite the increased scrutiny being applied by both USCIS and CBP, we continue to see a high rate of approvals for TN applications by mail and in person at the border. At a minimum, we suggest a consultation with an experienced NAFTA TN Lawyer before applying for a TN visa. Seeking proper counsel prior to the application process, will provide clarity into current practices, and ensure that you are properly prepared before making an application.
Call (716) 970-4007 to speak with Mr. Richards today!