Management consulting is among the most scrutinized professions on the USMCA (NAFTA) list. Before obtaining TN visa status as a management consultant, you must understand what a management consultant is as defined under the USMCA and whether or not you qualify. We review the TN visa occupation of a Management Consultant, the requirements, and who qualifies here.
How is a management consultant defined for a TN visa?
The USMCA defines a management consultant as:
Management consultants provide services that are directed toward improving the managerial, operating, and economic performance of public and private entities by analyzing and resolving strategic and operating problems and thereby improving the entity’s goals, objectives, policies, strategies, administration, organization, and operation. Management consultants are usually independent contractors or employees of consulting firms under contracts to U.S. entities. They may be salaried employees of the U.S. entities to which they are providing services only when they are not assuming existing positions or filling newly created positions. As salaried employees of such a U.S. entity, they may only fill supernumerary temporary positions. On the other hand, if the employer is a U.S. management consulting firm, the employee may be coming temporarily to fill a permanent position. Canadian or Mexican citizens may qualify as management consultants by holding a Baccalaureate.
The Occupational Outlook Handbook (OOH) defines the roles of a management analyst, often called a management consultant. According to the OOH, they typically do the following:
- Recommend ways to improve an organization’s efficiency.
- They advise managers on how to make organizations more profitable through reduced costs and increased revenues.
- Gather and organize information about the problems to be solved or the procedures to be improved.
- Interview personnel and conduct onsite observations to determine the methods, equipment, and personnel that will be needed
- Analyze financial and other data, including revenue, expenditure, and employment reports.
- Develop solutions or alternative practices
- Recommend new systems, procedures, or organizational changes
- Make recommendations to management through presentations or written reports
- Confer with managers to ensure changes are working
By definition, a Management Consultant doesn’t manage employees at the client site or have a permanent role within the client organization. They provide recommendations for improvements/changes to the client site’s upper-level management team, who will then assign internal employees to make organizational changes. A consultant does not have hands-on duties at the client site, reports to anyone there, and has a temporary consulting role that will terminate at the end of the consulting agreement.
What is a typical role for a management consultant?
A few different consulting arrangements fit within the definition of a management consultant for TN visa status. The business relationship between the consultant and the client/company typically defines qualifying roles. The most common relationships for TN Visa status as a management consultant include:
- An employee of a Canadian Consulting Company – You are an employee of a Canadian entity that provides consulting services under contract to US entities. The same scenario applies to self-employed Canadian consultants’ contracts with US clients. Self-employed consultants often have a Canadian entity through which they do business.
- An employee of a US Consulting Company – You have an offer for a temporary position as a management consultant for a US consulting company. In this scenario, you would typically work for the US entity while providing consulting services to their end clients.
- Direct Consulting – You have been offered a position to provide consulting services directly to a US client. Such roles cannot be managerial and are typically short-term. Management consultants are not managers and do not hold a permanent role within an organization.
- Supernumerary Temporary Position – You have been offered a temporary position as a salaried employee for a US entity. A supernumerary position meets a short-term need within a company while not filling an empty position or creating a new role. In other words, you are not replacing anyone, and no one will replace you when you complete your temporary consulting services. This type of relationship can be very problematic as it is often abused by those in a company’s managerial role. Management consultants are not managers and do not hold a permanent role within an organization.
What do they look for in a management consultant for a TN visa?
The reviewing officer will determine if the role you are expected to perform falls under the limitations of a Management Consultant as defined by the USMCA (NAFTA). They will take several factors into account, including:
- Are the services provided temporary advisory in nature? Reports and recommendations are typically provided directly to the executive or management team. The executive or management team would then assign internal departments or employees to implement the recommendations provided.
- Has a specific business need been identified that you will be expected to resolve or improve? It is essential to determine the particular issues or needs and how the consulting services are expected to address the identified needs.
- Has it been identified how the consulting services provided will result in specific improvements to the entity? This includes, but is not limited to, reduced costs, increased revenues, efficiencies, improved performance, or improved operations.
-
Has the temporary need for a consultant been identified? It must be clear that the consulting services provided are for a temporary short-term need and that at the end of the consulting agreement, the need for the consultant will end as the consulting services have resolved, identified, improved, or solved a need for the client.
How to qualify for a TN Visa as a Management Consultant
You can meet the qualifications of a management consultant for TN Visa status under the USMCA in three (3) ways:
- You have a Baccalaureate Licenciatura Degree in a field directly related to a consulting agreement OR
- You have at least five (5) years of experience in a specialty field directly associated with a consulting agreement OR
- You have five (5) years of experience as a management consultant in a field directly related to a consulting agreement.
How to Prove Qualifying Experience
A resume is considered self-serving and is not sufficient evidence of experience. Experience must be supported by other evidence substantiating the experience. Evidence of experience can be:
- Letters from previous clients or employers attesting to experience in the field
- If self-employed, business records that support at least five years of experience in the field or as a consultant
- Other comparable evidence to support at least five years of qualifying experience
If you rely solely on experience, your proof must be at least five (5) years old. Anything less will result in a refusal or denial. The letter must be specific and indicate the experience gained directly related to the consulting agreement. Confirmation of employment letters is not sufficient.
Consultation
At Richards and Jurusuk, our legal practice is devoted to U.S. Immigration Laws, focusing on the USCMA and TN Visas. We have helped thousands of qualified professionals successfully obtain TN Visa status to work and live in the United States. Contact us to schedule a consultation with one of our experienced TN visa lawyers to help you with the TN visa application process.
Schedule a Consultation with an Immigration Lawyer
Citations
We Can Help!
You may have questions regarding the requirements for a TN Visa as a management consultant. 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.
