My TN Visa was Refused. What do I do?

TN Visa refusal Q&A

Question: I applied for a TN Visa at the Niagara Falls Border. I applied as a computer systems analyst. I thought that my education and experience was enough for me to qualify for the TN. However, the officer said that my US job offer was not “proper”. He told me that the duration of the employment and the duties of the job were not according to NAFTA. What do I do?

Peter L.

What are my options when my TN Visa is denied?

Peter, the situation you presented is unfortunately all too common. I cannot comment on your particular case as I have not seen your documentation. However, in our immigration practice, we encounter many TN Visa applicants who get refused for “technical reasons”.

In many cases, applicants are well qualified for TN Visas and have valid US Job offers. However,  such applicants are often shocked to hear that their TN Visa applications are denied at the border. This happens for the a multitude of reasons including an improperly drafted US job offer or insufficient documentation concerning the applicant’s education or work experience.

The key to successful TN Visa cases is to ensure that the applicant have a well-presented “application package” that conforms with all the NAFTA Visa requirements.   Just because you “qualify” for a TN Visa, this does not mean that you will get one. To be issued the TN Visa, it is essential that your job offer, education and work experience contain all the relevant information needed to show the immigration officer that you do indeed qualify.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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