We recently helped a Canadian professional obtain TN status to provide consulting services to a U.S.-based nonprofit organization. This case underscores the nuanced requirements of the Management Consultant category under the United States-Mexico-Canada Agreement (USMCA) and how critical it is to approach these applications with both legal and strategic precision.
The Management Consultant category is among the more frequently scrutinized and difficult TN classifications. Unlike other TN professions, this role must be temporary, advisory in nature, and “supernumerary”, meaning it does not replace or fill a regular employee position. U.S. immigration officers often look closely at these applications to ensure they don’t involve direct management responsibilities or employment-like functions.
In this case, our client was engaged to advise a nonprofit organization undergoing operational changes. The consulting work included analyzing organizational structure, reviewing internal systems, and making strategic recommendations on governance and long-term planning. While the work was complex and high-level, our team was careful to ensure that the role remained within the strict boundaries of a genuine consulting engagement, not employment or direct management.
We provided clear documentation to demonstrate that the consultant was engaged independently, on a temporary basis, and solely in an advisory capacity. As a result, the TN application was approved, allowing our client to provide services in the United States for a full three-year period.
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“I have used Jeremy and the Richards-Jurusik team on several occasions and they are always so helpful, efficient and have never steered me wrong. I trust their advice implicitly and have been successful with their support. I cannot speak highly enough about them.”
Why This Matters:
Many professionals and organizations are unaware that not all consulting work qualifies for TN status. Management Consultant applications require careful planning, well-documented scope of services, and a firm understanding of how U.S. immigration defines the role.
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If you have questions regarding TN Visa, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
