Note: We have not provided the real names of our clients or defining details about them in order to protect their confidentiality.
TN Visa for Mexican and Canadian Citizens After Initial Rejection
This case involved a Canadian citizen who had contacted our office with pressing inquiries regarding the TN Visa for Mexican and Canadian Citizens. Like many attempting to thread the complex and sometimes dauntingly arbitrary ins and outs of U.S. immigration, she solicited our assistance after confronting a dilemma she couldn’t have foreseen. Moreover, her case shared an additional similarity with the myriad others our firm has assisted, namely that the forward trajectory of her career seemed to hinge on the receipt of a successful decision.
Susan was looking forward to employment in the U.S. as a technical publications writer, a position for which she was well-equipped and thus did not expect any issues in receiving the TN Visa. However, when it came time for her to travel to the border and meet with U.S. Customs and Border Protection, she only found bewilderment when her qualifications failed to survive scrutiny. In fact, the CBP officer in question asserted that she did not possess any experience in technical publications writing, an assessment that was affirmed by the officer's supervisor. It was following this time that Susan sought out professional help at our firm.
Criteria for the TN Visa for Mexican and Canadian Citizens
Now, in order to qualify the TN Visa classification, the following qualifications have to be met:
The applicant is a Canadian or Mexican citizen.
The profession is on the NAFTA List.
The applicant has a valid job offer from a U.S. employer.
The individual possesses the required licenses, degrees and/or experience necessary to perform the approved occupation.
The individual intends to depart the U.S. upon completion his or her authorized stay.
In terms of the the second-to-last bullet point above and how it specifically pertained to Susan’s desired occupation, to obtain approved employment as a technical publications writer an applicant must possess:
A bachelor's degree or a post-secondary diploma.
At least three years of work experience.
All qualifying education and experience must be directly relevant to the technical publications writer occupation.
That last criterion in bold is extremely important, as well as the definitive standard upon which Susan’s case summarily depended upon.
Correcting Critical Mistakes that Caused the Initial Rejection
Upon review of the facts of the case, it became clear that Susan’s education and experience certainly did satisfy the TN Visa’s criteria. However, it was quickly determined that CBP’s rejection of her petition stemmed from its unsatisfactory drafting and composition. Due to the absence of professional legal counsel in tandem with the thorny nature of immigration benefit requests, the petition did not present Susan's credentials or professional background with the appropriate clarity necessary to obtain a favorable decision.
First and foremost, with the right eyes the letter’s imminent demise would have been immediately discernible in that it was only one page long. This condemnatory detail is only exacerbated by the fact that, rather than Susan’s background or even the position itself, most of the contents’ focus was allocated to describing the petitioning company. In light of these observations it is almost unnecessary to mention the lack of sufficient supporting documentation, as any one of these errors would more or less have rendered Susan’s immigration request dead on arrival.
Revising the petition
Fortunately, mistakes can in most instances be corrected. Under our subsequent guidance, the employer's support letter was completely rewritten to much more judiciously explain the details of the proposed position as well as the client's qualifying experience in technical writing. The revision transformed a dismal one pager into a much more propitiously composed five, an exponentially more lucid account proving beyond reason that Susan was an ideal TN Visa candidate.
Finally, after advising Susan on the supporting documentation legal requirements, she knew what to focus on and gathered the necessary evidence to support her work experience and was able to produce supplementary letters from former employers.
Having finalized documentation for the TN petition, we undertook the last essential step of preparing Susan for her impending interview at the border crossing. We were more than happy to hear the news from Susan that she received the TN visa and that her entry to the U.S. was successful.
This case provides a prime example of a common mistake, as even the more straightforward cases can capsize with substantially greater ease than many would assume. It follows that in all cases, even the TN Visa for Mexican and Canadian Citizens request described here, it is invariably essential that each applicant craft the most thoroughly prepared application possible if he or she wishes to avoid unnecessary denials.