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Expert: [email protected]
Date: Friday October 31, 2003
Time: 08:04 AM -0800
QUESTION:
Can a newly formed american corporation, make a credible sponsor for a TN Visas applicant from canada to come as a management consultant?
Further what criteria is required for that newly formed corporation to be successful in recruiting a management consultant.
Thank you!
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david ingram replies:
If you own it, the answer is no. that is not engraved in stone but was the answer given by three Homeland Security officers and Jackie Bednarz, Co-chair of the US Section 16 Working Group for NAFTA.
On the other hand, there is no reason that a newly formed American Proprietorship, Partnership, Corporation or a non-profit organization should not be able to hire a Canadian as a Management Consultant under the terms of 1601.D of the NAFTA (North American Free Trade Agreement).
To be hired as a Management Consultant, the candidate must demonstrate that he or she has five years experience in the industry that they are being hired to consult about. So, if you had ten years senior experience in the import-export business and a US corporation wanted to hire you as a consultant to help them break into the Canadian Market, you would be a shoe-in.
However, a management consultant is NOT a manager. In other words, you cannot be the sales manager, the general manager, the office manager, the parts manager, the advertising manager or any other manager of anything. A management consultant answers questions for management. A management consultant does not usually appear in the company's hierarchy because a management consultant is a supernumerary that the company needs on a short term basis.
A management consultant would not usually be a shareholder of the organization.
For a brief period a couple of years ago, there was a tendency of the US to turn down a third or fourth renewal of a management consultant TN visa but that seems to have stopped. However, just today, I was with a fellow (on a social basis) who is just in the process of leaving Canada after 14 years because Canada will not renew his NAFTA visa on the grounds that he should have either become a Canadian permanent resident Or the temporary job should have been filled by another Canadian permanent resident. Five years ago he would have qualified for permanent residence, now he is too old to qualify.
I tried running Jean Chretien and Gordon Campbell through the system. I don't think that Gordon Campbell qualifies although Chretien does because of his French.
With regardss to the Company's qualifications, as long as the comapny is not yours and is a legitimate entity , it should be acceptable. You should have a good background letter written to explain the situation.
I would, of course, be pleased to assist you and the company with this.
David Ingram's US/Canada Services
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
4466 Prospect Road
North Vancouver, BC, CANADA, V7N 3L7
Res (604) 980-3578 Cell (604) 657-8451
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