My TN Visa was denied. What can I do?

Q. I am a Canadian citizen with a job offer in New York as a graphic designer.  I went to the Rainbow Bridge in Niagra falls to apply for the visa but was denied. The US customs offer told me that my job offer was not sufficient but did not give me much more details.  I am very upset as I really need this job. Can I re-apply? What are my options?

Dave

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A. Hello Dave

I am sorry to hear about your TN Visa refusal. Applications for TN Visas are generally straight forward in terms of the documentation required for the visa process. But don’t let that fool you! As you have experienced, TN Visas can easily be denied on grounds of “improper documentation”. As a graphic designer, your occupation appears on the NAFTA list of occuations. But in order to qualify you have to meet the educational/experience requirements for that job. If you do, you have to prove it. How you prove it is by showing your educational documents and letters of reference where applicable.

But you also have to demonstrate that you have a genuine job offer in the US that meets the criteria for a graphic designer . Your job offer must show that your the duties you will perform are consistent with that of a graphic designer, that the job is temporary in nature and that the company is legitimate. You will also have to show that you have sufficient ties to your home country (Canada). Remember TN visas are temporary in nature and that your intention is not to “immigrate to the US”.

Now that you got refused, you can still re-apply but your documentation has to be improved based on what you mentioned happened. For TN Visas and other US visas it is best to seek professional help before you apply or after a refusal.

 

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.

Tags: TN visa TN visa application tn visa denial tn visa graphic designer tn visa refusal

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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