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  • Hi, my name is Michael Niren. I'm an immigration lawyer and founder of

  • VisaPlace.com. What happens if your TN Visa application is refused? It's an

  • unfortunate situation. It happens fairly frequently, depending upon the

  • case. Your refusal can be based on the fact that your job offer did not

  • appear on the NAFTA list of occupations, or that the description of your

  • job was not properly drafted, or there's a problem with the U.S. employer

  • or perhaps what you said at the border when you had your TN Visa interview

  • raised some concerns. There are a lot of reasons why your TN Visa could be

  • refused. We have a U.S. visa team who deals with TN

  • Visa applications as well as TN Visa refusals. So if you are in the unfortunate

  • position where you tried to apply for a TN and the NAFTA officer at the

  • border denied you, what can you do? Well first of all, you have to be aware

  • of the reasons why your application was refused and in most cases

  • the officer will tell you their concerns. If that happens, depending upon

  • the reason you could reapply. There's nothing preventing you from reapplying.

  • In most cases, however, there has to be a change in circumstances or

  • additional documentation that wasn't filed originally and you have to

  • explain why it wasn't filed in the first place, because an officer will be

  • skeptical if you apply for a TN Visa and then you're coming back to the

  • border once again to try it again. So you have to really make a case as to

  • what was the reason why there was a lack of documentation or information in

  • the first place that caused the refusal and here is the additional

  • information. What we do when someone comes to us who says,

  • "My TN Visa was rejected," we look at the case in detail and many times

  • the application was just not prepared properly. A TN Visa application generally

  • is easy to get if you do it right. You just go to the border, you present

  • your documentation, proof of citizenship, your job offer letter and

  • your credentials and then the officer will review your paperwork and will

  • be able to issue you a visa right then and there on the spot. So it's

  • a great way of getting a visa very quickly but if it's not done right, it's

  • likely you'll be refused. So sometimes a job offer letter itself is just

  • not structured properly. For example, the job offer letter has to have

  • the salary, the duties, the name of the company obviously, the description

  • of why it is that company needs you, and the job title. This is common

  • sense, but you'd be surprised how many job offers we see that just don't

  • have the basic elements. The other side of the equation is the credentials

  • of the employee. In most cases, TN Visa applicants need a certain level

  • of education. Some of these applicants have gotten their

  • education from overseas and not from Canada, for example. That's fine, but

  • there has to be an equivalency analysis, equivalency letter explaining that

  • the education received overseas is still equivalent to a North American

  • degree or diploma. But in addition to that, what about the job credentials?

  • You have to show job credentials, that you do qualify. There's

  • a lot that goes in to TN Visa applications, even though they are very simple

  • in some ways. Because you can get them right away, you have

  • to make a strong case. So how we handle it, our TN Visa team handles all

  • TN Visa applications as well as TN Visa rejections. When people do come to

  • us, we analyze it, we put it together, and sometimes we have to deal with

  • the employer as well to redo the paperwork. Of course, all applications

  • have to be 100% truthful. There can be no misrepresentation of the nature

  • of job and the credentials of the applicant. But that doesn't mean that the

  • first time around you should have gotten it in the first place.

  • Sometimes it means that your paperwork was not properly prepared. So

  • hopefully this gives you some idea that there is some hope for anyone who

  • was refused a TN Visa. Thank you for listening, and have a great day. Oh,

  • one thing before I go. You can go to our website, www.visaplace.com for

  • more information about TN Visas. Now I'll say thank you and have a great

  • day.

Hi, my name is Michael Niren. I'm an immigration lawyer and founder of

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