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FOR PROFESSIONALS · HAMPTONHampton

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Hypothetical example: a Hampton process improvement specialist is offered a role by a U.S. insurance services company. The offer is described as a management consultant position and would have her running the claims intake team while she redesigns its workflow. Management Consultant is on the USMCA professional list, satisfied by a baccalaureate degree or by five years of experience in consulting or in a related field, and it is among the entries most closely examined. The reason is structural: a consultant advises, analyses and recommends under a defined engagement, while an employee fills a permanent operational post. Running a team indefinitely is the second of those, and no title on the offer letter converts it into the first. More generally, TN requires Canadian or Mexican citizenship and prearranged work in a listed profession under that profession's own qualification rule. It cannot be used for U.S. self-employment, and any ownership interest in the U.S. business should be disclosed. A Canadian citizen may request TN classification at a port of entry or through an employer's Form I-129 petition and generally does not need a TN visa stamp.

Talk about TN
PurposeTemporary professional work
Starting pointA qualifying, prearranged role
Key distinctionCitizenship, not residency

IN THIS GUIDE · Why consulting engagements are refused when they are really operational jobs

Start with the TN eligibility and application overview

01

Advising and operating are different activities

The distinction that decides these cases is what the person will actually do on a Tuesday. A consultant is engaged to study a problem, analyse it and deliver recommendations, usually against a defined scope and a defined end. An operational employee holds a position on the organization chart, supervises staff, carries a budget and continues indefinitely. Where an offer contains both, the safest approach is to separate them: define the consulting engagement with its own scope and end date, and remove the standing supervisory duties. If the company genuinely needs someone to run the team permanently, that is an honest need and it points at a different category rather than at a redrafted TN letter.

02

The engagement should have a shape you can describe

A strong file answers four questions in the employer's own words: what problem is being addressed, what analysis will be performed, what the deliverables are, and when the engagement ends. Weak files describe a role instead, with responsibilities, reporting lines and an open horizon. Where the work is genuinely phased, say so and describe the phases with their outputs. It also helps to identify who inside the company owns the operational decisions the consultant is advising on, because naming that person makes clear that the applicant advises rather than decides, which is the point the category turns on.

03

Proving five years when you have no degree in the field

The Management Consultant entry accepts a baccalaureate degree or, alternatively, five years of experience in consulting or in a field related to the consulting agreement. Experience is proved with letters from former employers or clients that state dates, describe the work in enough detail to show either management-consulting experience or experience in the related field of specialty, and are signed by someone identifiable. General reference letters praising the applicant are close to worthless here. Where some of the experience is self-employed, contracts, invoices and client confirmations do the work that an employer letter otherwise would, and the file should explain the arrangement rather than leaving a gap in the employment history.

04

Repeat engagements attract more scrutiny, not less

TN can be granted for a period of up to three years and renewed, and consultants often return for successive engagements. Each request is decided on its own facts, and a pattern of consecutive consulting admissions with the same company invites the question whether the arrangement has become ordinary employment. Keeping each engagement documented separately, with its own scope, deliverables and end, is what makes the pattern defensible. Where the relationship really has become permanent, recognising that and moving to an appropriate category is a better outcome than a refusal at the counter with a family already relocated.

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