NAFTA and the Administration Advisor Dilemma

It’s a frequent scene, repeated over and once more on the varied U.S.-Canada border posts. A younger Canadian government approaches an officer of america Division of Homeland Safety, and fingers her a small pile of paperwork ready for him by the HR Supervisor of his potential employer Hong Kong immigration agent.

“I am right here to use for a TN visa,” declares the applicant.

“In what class?”

“Uh… Administration Advisor.”

The immigration officer glances on the paperwork with an air of distaste and tells the applicant to sit down. Thirty minutes later the officer calls the applicant into an workplace and topics him to a grueling hour of cross-examination.

“What is that this?” calls for the officer, shoving a bit of letterhead in his face.
The applicant friends on the doc. “It is a letter from the corporate that desires to rent me.”

“It is too brief and does not describe a administration downside,” says the officer, tossing apart the letter and pulling out one other doc. “How about this?”

“That is my resume,” solutions the applicant, his face turning purple.

“Uh, huh…” says the officer. “Simply what are you making an attempt to tug right here?”

“What do you imply?” asks the applicant.

“You are no Administration Advisor. You have no administration expertise.”

And so forth…

The end result: Denial of the TN utility. The rationale: Both the place or the applicant don’t qualify for the Administration Advisor designation. The results: Misplaced time, misplaced cash, lack of a probably priceless worker, lack of a profitable job alternative, and humiliation.

The Administration Advisor Class – An Incorrectly Perceived Loophole
As most individuals concerned in HR Administration are conscious, the North American Free Commerce Settlement (NAFTA) has simplified the location of sure Canadian professionals into high-demand jobs in america. So long as the candidate suits into the cookie-cutter skilled classes listed in Appendix 1603.D.1 of the NAFTA, the firm is ready to keep away from the longer processing instances and better charges related to the H-1B visa.

A lot of the NAFTA classes require no less than a bachelor’s diploma. And so long as the candidate can show she or he has the required schooling, approval of a TN visa is nearly assured. For instance, a Canadian Engineer with a bachelor’s diploma shouldn’t have any bother qualifying for a place as an Engineer with a U.S. firm.

A number of NAFTA classes, nevertheless, permit for the substitution of labor expertise rather than a bachelor’s diploma. One in all these is the Administration Advisor class, which permits “5 years of expertise as a administration marketing consultant, or 5 years expertise in a area of specialty associated to the consulting settlement” to substitute for a lacking bachelor’s diploma.

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