The applicant in this case owned and operated a consulting firm in Canada. The applicant had entered into a consulting agreement with a U.S. start-up company to advise it on the development of a drug program for the treatment of Alzheimer’s disease.

The applicant had previously attempted to enter the U.S. as a visitor, but was denied entry because the inspecting officer believed that the applicant required employment authorization to perform his consulting duties in the U.S. This individual then contacted our office for assistance. We reviewed his case, and concluded that his proposed consulting work and credentials qualified for TN visa status in the category for Management Consultants.

The applicant’s proposed consulting services fell within the definition of a Management Consultant as provided in the Legacy INS NAFTA Handbook as he would be advising the U.S. company’s management on how to develop and advance its drug program. He would also be engaged as an independent contractor, and therefore met the employment relationship requirement for a Management Consultant. The individual also qualified for TN status as a Management Consultant based on his possession of a PhD in Immunology and Bachelor’s degree in Chemistry, and his over 25 years of experience in the field. 

Our office prepared a detailed application that demonstrated the applicant’s business activities as a Management Consultant, and his qualifications for TN status under the category for Management Consultants. We also provided an explanation on how the applicant’s case satisfied the regulations and requirements for TN status as a Management Consultant.

The applicant submitted these materials at a U.S. port-of-entry and was approved for TN status for a 3-year period.