Management Consultant TN visa for NGO Position?

Question: I have been offered a job with an NGO, which provides management consultation in the 5 areas of governance in developing countries. I have BA in languages and international relations, and worked previously as a junior professional consultant. I will be assisting the program director and staff in the implementation of the program. Do I qualify for a TN visa as a management consultant? If not, what category am I?

Answer: To qualify for a TN under the Management Consultant category, you need to possess a (1) a related bachelor’s degree; (2) five years experience as a management consultant; or (3) five years experience in the field related to the consulting agreement.

If you do not have the requisite 5 years experience, you’ll need to rely on your BA degree in international relations to qualify for the Management Consultant category. You would need to prove that your degree reasonably relates to the consulting services you would provide.

The next issue is to verify that the duties involved in the position fall within those permissible under the Management Consultant category. Your duties should be limited to a purely advisory role, should not involve any managerial functions, or the actual implementation or execution of any programs.

If your duties exceed those permissible under the Management Consultant TN category, I’m not sure if there is another fit under the TN classification. I would have to review a job description. The other alternative is the H-1B visa category, but you’ve missed the April 1 filing date for these visas. Most likely the limited number of H-1B visas available for the upcoming fiscal year has been exhausted. Your only chances for an H-1B may be in qualifying for an exemption to the numerical limitation. If the NGO has an affiliation with a university or college, you may qualify for an exemption.