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TN Management Consultant vs Other Options?

Hi all,

I have a solar company based out of Texas that wants to bring me down from Canada. I'm quite familiar with visas as I've had an L1-B with a different company, but as for the management consultant, I understand it's more highly scrutinized and abused, so I want to ensure I give myself the best opportunity to legally immigrate. There is a law firm out of Dallas that would be facilitating the application.

My question is: Is the TN the best route for me or is there another route that I'm not considering?

From what I've read (copied and pasted), this is the eligibility of the TN MC visa:

  • The TN application should reference the particular business problem or issue that needs to be solved or improved.
  • Consulting services should be directed toward improving the managerial, operating, and economic performance of the company.
  • Consulting services should involve analyzing and resolving the strategic and operation problems.
  • The TN application should describe how the TN applicant’s consulting services will improve the company’s goals, objectives, policies, strategies, administration, organization, and operations.

I have a bachelor's degree, and more than 5 years of experience in sales and management in a very similar industry. The company wants me to help grow the company in new markets, as I've done that in various provinces and states with my prior employer.

I feel like I have all the ability to "consult" how the company's goals/objectives/policies/strategies/administration/organization and operations could improve and I could highlight that in my resume and the application.

They would have no problem hiring me as a contractor/1099 and the executive that has done all the conversing with me is happy to facilitate the process in whatever way is most likely to get approval.

These are the described scenarios from what I've read:

  • Preferred scenario, case least suspect: the TN applicant is a permanent full-time employee of a Canadian management consultant firm providing consulting services to the U.S. company.
  • Acceptable scenario, not as suspect: The TN applicant is temporarily filling a permanent position at a U.S. management consulting firm.
  • Most prevalent scenario: the TN applicant is engaged as an independent contractor. Indicia of employer/employee relationship or permanence of job will raise red flags.
  • Least favorable scenario, high rate of denials: The applicant is a salaried employee of the U.S. company filling a supernumerary temporary position. Application will face severe resistance.
  • Prohibitive: the TN applicant is assuming a position within the regular operational or personnel structure of the U.S. company.

I feel like I fall under the "Most prevalant scenario." Ideally, I want to be down there for 3 years and potentially get a green card.

Is there anything I should be aware of outside of what I've written? Anything to ensure that I go over with the lawyer? Should I apply at the airport or a land border or USCIS?


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