Will changing the job title help someone get TN status?

It's the job duties, not the title, that U.S. immigration authorities look hardest at.

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Question

I’m a Canadian citizen and I want to take a job in the United States. I applied for TN status in the management consultant category, but I was denied because my company calls me a “Director of Sales.” Should I reapply for TN status with a different job title?

Answer

It depends on what you actually do for your company. For purposes of getting TN status, immigration officers care more about your actual job duties than your job title.

“Management consultant” is one of those TN job categories, like “Computer Systems Analyst” and “Scientific Technician/Technologist,” that can describe many types of work. Employers make up their own job titles, and they don’t all correspond with the TN categories. When you applied for TN status in the “Management Consultant” category with a job title of “Director of Sales,” the immigration officer probably determined that what you do for your company is more like sales, which is not a TN-eligible job.

If you think that the job title you gave on your previous TN application is misleading, and that what you do makes you a management consultant, you can try to reapply with a different, more accurate, job title. Reapplying will be hard, however, for several reasons.

The immigration officer may be aware of your previous application and the job title you used before. You will need to explain the previous application, and why it was prepared with an incorrect job title. Then you will need to explain how your job duties actually fit the management consultant category.

Officers may research you and your company to see how the company has described your job duties. If they are not convinced you are a management consultant, you run the risk of getting an “expedited removal” order. Persons with such an order cannot reenter the U.S. for either five years or for life (if fraud is involved), unless they apply for a waiver. For this reason, you should be careful about applying multiple times.

by: Richard Link

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