The adjudication of TN and L-1 applicants involves intricate processes and considerations. One essential aspect in certain cases is the use of a chart to verify U.S. duty’s alignment with visa requirements. Here’s a detailed look into the specifics of this practice.
Why the U.S. Duties Chart is Used by CBP
CBP may require the completion of a U.S. duties chart for TN and L-1 applicants on a case-by-case basis. The primary purpose is to ensure that both the foreign national and the employer’s listed job duties align and to ascertain that the foreign national can articulate their job duties. The job duties must “generally” match, but they do not have to be listed word-for-word. This procedure helps CBP with the adjudication process, particularly when there are limited resources to adjudicate TNs at the border.
How Closely Should the Job Duties Match?
The alignment of job duties in the chart with what is in the application need not follow a strict pattern. CBP prefers that foreign nationals use their own words instead of just replicating the application content. There is no definite rule for how similar it must be. However, CBP has mentioned that a TN applicant with hiring or firing authority might present an issue, particularly in the contexts of Sci-Tech and Management Consultant roles. This is adjudicated on a case-by-case basis.
Key Takeaways and Best Practices
- U.S. Duties Alignment: The alignment of duties on the chart is vital but does not need an exact match with the application. Unique articulation by the foreign national is often preferred.
- Case-by-Case Consideration: CBP’s requirement for a chart varies and is assessed on a case-by-case basis.
- Potential Issues with Hiring/Firing Authority: Special attention should be given to roles with hiring/firing authority, especially in the Sci-Tech and Management Consultant sectors.
Conclusion
The use of a U.S. Duties Chart by CBP for TN and L-1 applicants remains an important aspect of the immigration process. Adherence to CBP’s preferences and understanding the subtleties involved in this charting process will aid in smoother application proceedings.
For individualized support and professional guidance, it is advisable to consult an immigration lawyer who specializes in these areas, ensuring that your application aligns with CBP Pearson’s specific requirements.
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