NAFTA

NAFTA

http://www.nafta-sec-alena.org/en/view.aspx?x=343&mtpiID=147#Ap1603.D.1
Appendix 1603.D.1

Management Consultant :

Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement.

Bureau of Labor -> Occupational Outlook handbook link below:
http://www.bls.gov/oco/ooh_index.htm

http://www.bls.gov/oco/ocos019.htm

Nature of the Work:

As business becomes more complex, firms are continually faced with new challenges. They increasingly rely on management analysts to help them remain competitive amidst these changes. Management analysts, often referred to as management consultants in private industry, analyze and propose ways to improve an organization's structure, efficiency, or profits.

In recent years, information technology and electronic commerce have provided new opportunities for management analysts. Companies hire consultants to develop strategies for entering and remaining competitive in the new electronic marketplace.

(For information on computer specialists working in consulting, see the following statements elsewhere in the Handbook: computer software engineers and computer programmers; computer systems analysts; and computer scientists.)

http://www.naftatnlawyer.com/nafta-tn-management-consultant/

NAFTA Requirements for TN Visa as a Management Consultant.
To qualify for TN visa status under NAFTA as a Management Consultant, an applicant must possess one of the following:
1. A Bachelor’s (Baccalaureate) degree;
2. Licenciatura Degree;
3. Equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant; or
4. Five years experience in a field of specialty related to the consulting agreement.
See 8 C.F.R. § 214.6 (c).
NAFTA Handbook Guidance.
As defined in the NAFTA Handbook, a manual utilized by immigration officials for guidance on NAFTA issues, Management Consultants “provide services that are directed toward improving the managerial, operating, and economic performance of public and private entities by analyzing and resolving strategic and operating problems and thereby improving the entity’s goals, objectives, policies, strategies, administration, organization, and operation.” NAFTA Handbook(Nov. 1999).
Management Consultants are usually independent contractors or employees of consulting firms under contracts to U.S. entities. Management Consultants may be salaried employees of the U.S. entities to which they are providing services only when they are not assuming existing positions or filling newly created positions. As a salaried employee of such an U.S. entity, they may only fill supernumerary temporary positions. Id.
On the other hand, if the employer is a U.S. management-consulting firm, an applicant for TN visa status as a Management Consultant may be coming temporarily to fill a permanent position. Id.
Articles:
Management Consultant Checklist.
Independent Contractor & Management Consultant.
Supernumerary Requirement .
Additional Materials:
Blog Posts - Management Consultant TNs.
References:
NAFTA Handbook (November 1999).
OOH, Management Analysts (2008-09).
Career Guide to Industries, Management, Scientific and Technical Consulting (2008-09).

http://www.naftatnlawyer.com/management-consultant-tn-che/

Management Consultant TN Visa - Checklist
Factors to evaluate when considering eligibility and preparing an application for TN visa status as a Management Consultant under NAFTA:

1. Do the proposed services fall under the duties normally undertaken by a Management Consultant as that term is defined for purposes of NAFTA TN visa status?
The TN application should reference the particular business problem or issue that needs to be solved or improved.

Consulting services should be directed toward improving the managerial, operating, and economic performance of the company.

Consulting services should involve analyzing and resolving the strategic and operation problems.
The TN application should describe how the TN applicant’s consulting services will improve the company’s goals, objectives, policies, strategies, administration, organization, and operations.
See INS Inspector’s Field Manual § 15.5.

2. How is the Management Consultant TN applicant qualified to solve the management problem?
The TN applicant should possess a related Baccalaureate or Licenciatura Degree.
If non-degreed, the TN applicant should have five years relevant experience as a management consultant documented by previous employment letters or professional credentials.
Alternatively, the TN applicant should have five years experience in a field of specialty related to the consulting agreement documented by previous employment letters or professional credentials.

The TN applicant should also have a detailed resume documenting the necessary experience, skills, and knowledge to solve the management problem.
See NAFTA TN Regulations 8 C.F.R. § 214.6.

3. Will the Management Consultant TN applicant’s services be limited to a purely advisory role?
The TN application should describe the reason for the short-term need for an outside consultant.

The TN applicant’s duties should not involve active management of the company or a department.

The TN application should provide the name and title of the individual the TN applicant will report to and the department or staff that will implement the TN applicant’s plans, suggestions, recommendations.

4. What is the nature of the business relationship between the U.S. company and the Management Consultant TN applicant?

Preferred scenario, case least suspect: the TN applicant is a permanent full-time employee of a Canadian management consultant firm providing consulting services to the U.S. company.

Acceptable scenario, not as suspect: The TN applicant is temporarily filling a permanent position at a U.S. management consulting firm.

Most prevalent scenario: the TN applicant is engaged as an independent contractor. Indicia of employer/employee relationship or permanence of job will raise red flags.

Least favorable scenario, high rate of denials: The applicant is a salaried employee of the U.S. company filling a supernumerary temporary position. Application will face severe resistance.

Prohibitive: the TN applicant is assuming a position within the regular operational or personnel structure of the U.S. company.