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Last Updated On: April 8, 2024 | Published On: November 1, 2017
TN visas are issued to Canadian and Mexican nationals in order to perform temporary services within the United States for designated professions. In accordance with the North American Free Trade Agreement (NAFTA), the TN visa permits eligible Canadian and Mexican citizens to carry out their occupations in fields like engineering, accounting, science, law, etc.
You may be asking yourself: Why was my TN visa denied? What are the procedures to reapply or seek alternative options? If this is you, keep reading. In this post we’ll explore some common scenarios for a TN visa denial as well as tips for reapplying or seeking alternatives.
First things first. Many people mistakenly use the terms denial and rejection interchangeably. While this may be acceptable in many circumstances, in immigration law, the two terms mean very different things.
The USCIS uses a two-pronged approach when adjudicating visas. The first prong involves having an officer perform a cursory overview of your application and supporting documents to make sure that all of your information is complete, accurate, consistent, and has enough support. He or she will also determine if the correct fee has been submitted. If your TN petition does not pass this stage, then your case will likely be rejected.
On the other hand, if your petition passes the first stage, then the officer will perform a more in-depth analysis of your case to determine whether or not you meet the requirements for the TN visa and if you are eligible for approval. If you do not pass this phase then your petition will be denied.
If you receive a rejection, then correcting the mistake and re-applying is likely the best solution, though you should consult your immigration attorney first. If, however, you receive a TN visa denial, then different measures will need to be taken.
There are a number of possible reasons why you may receive a TN visa denied notice. Based on past cases our TN visa attorneys have handled some of the most common reasons are as follows:
There are a number of other scenarios which may result in a TN visa denied. In any case, the POE officer is supposed to inform you of the reason. Fortunately it’s not the end of the road if your visa is denied since you can reapply or file an alternative visa application.
It’s crucial to take your immigration matters seriously because not doing so can cost you not only time but valuable opportunities. For example, if your TN visa is denied your employer may fill the position with another applicant. Other consequence could include missing your employment start date, incurring additional fees for travel accommodation or flights, or missing job opportunities altogether.
If you are in the U.S. under a different visa and your attempt to change your status to the TN category is denied, you will need to leave the U.S. before the departure date listed on your I-94 card for the original visa. If you overstay, you will be at risk of being considered “out of status”, which could result in serious consequences such as barring from attempts to enter the U.S. in the future.
We also can’t forget the emotional component involved. Since all these factors come into play it’s advised to seek the help of a qualified TN Visa Attorney when applying the first time around or reapplying.
While you are able to extend your TN visa indefinitely, you still need to file a new form each time. This leaves you open to the possibility of getting your extension denied. If this happens, you will have until the departure date provided on your I-94 arrival/departure card. As previously mentioned, overstaying can have dire consequences.
To best avoid this, you should apply for your TN visa extension long before your departure date. This will give you sufficient time to find another course of action if you receive a TN visa extension denial.
If your TN visa is denied and are ready to reapply, follow these tips:
In any case, it highly recommended to consult a lawyer with experience handling complex TN visa cases. They will be able to devise the best strategy for reapplying as well as preparing your for the interview.
Unfortunately, in your TN visa denial letter, it should state that you do not have the right to appeal to the Administrative Appeals Office. This is usually true of all nonimmigrant visas that use the I-129 petition. Therefore, most people who receive a denial either re-apply for the TN visa or attempt to apply under a different visa.
While the Department of State does not provide TN visa denial rates or total petition submissions, it does tell us how many visas are issued. In 2016, there were 14,768 TN visas approved by the DOS. As long as you adhere to the criteria and have an experienced immigration attorney helping you, your chances of approval are high in the TN category.
There are a number of other employment based visa alternatives which may be applicable to your case. Depending on your qualifications, you may be eligible for visas in lieu of your denied visa including:
To learn what other options may be available to you, we recommend scheduling a free consultation with a VisaNation TN visa lawyer to explore your options.
You may run into a few roadblocks after having a TN visa denied and beginning the process for reapplying. For that reason it’s always advisable to have an attorney on your side. VisaNation Law Group attorneys will be able to review your embassy requirements and process your qualifications for the NAFTA professional position. Throughout every step of the process we’ll provide you with frequent USCIS updates and any changes to your case. During your initial consultation we’ll be better able to explain our strategy for seeking an approval.
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