Preparing for a Secondary Inspection: What to Expect When CBP Challenges Your TN R

For professionals entering the United States under TN visa status, the inspection process at the border or airport can feel routine—until it isn’t.

When U.S. Customs and Border Protection (CBP) officers decide to scrutinize your visa classification more closely, you may be referred to secondary inspection. This can happen for several reasons, but one of the most common involves questions about the applicant’s specific job role, particularly for management consultants and other TN occupations that CBP views as high-risk for misuse.

At Sharma Law Associates, LLC, our New York TN visa attorneys regularly assist Canadian and Mexican professionals in understanding how to prepare for CBP scrutiny and respond effectively when their TN classification is questioned

Why CBP Challenges Certain TN Roles

Under the United States-Mexico-Canada Agreement (USMCA)—formerly NAFTA—qualified professionals from Canada and Mexico can enter the U.S. to work in pre-approved occupational categories.

However, some roles, especially those of management consultants, have become a focal point for CBP officers.

The reason is simple: the management consultant category allows individuals to advise businesses without requiring a specific degree or employer-employee relationship, which makes it prone to misuse. Officers may challenge whether the applicant is truly functioning as an independent consultant or performing tasks more consistent with those of a permanent employee.

CBP scrutiny can also arise when:

·      Job duties do not align with TN occupational definitions.

·      Employer letters use vague or inconsistent language.

·      The applicant has made frequent entries that suggest ongoing employment rather than consulting.

·      Prior entries involved work in unrelated roles or industries.

What Happens During Secondary Inspection

Being referred to secondary inspection does not necessarily mean your visa will be denied, but it does mean that CBP wants more information.

During this process, officers will:

·      Review your employment letter and supporting documentation in detail.

·      Ask questions about your job duties, worksite location, and reporting structure.

·      Verify the temporary nature of your intended work and the scope of your consulting engagement.

·      Cross-check your entry history and prior TN filings in their database.

If inconsistencies appear, or if your responses suggest you’re functioning as an employee rather than a consultant, CBP may deny admission or cancel your TN status. In some cases, they may also issue a withdrawal of application for admission, allowing you to return home and reapply with stronger documentation.

How to Prepare Before Traveling

Preparation is key to avoiding misunderstandings or unnecessary delays at the border.

Before traveling to the U.S. under TN status, make sure you have:

·      A detailed employment letter that matches the official TN occupational criteria, including clear start and end dates.

·      Evidence of your qualifications, such as diplomas, licenses, or professional experience.

·      Documentation showing that your role is advisory or project-based, not permanent employment.

·      A consistent record of previous TN entries and departures, if applicable.

Our TN visa lawyers in New York recommend reviewing your documents before travel to ensure they accurately reflect your TN category and accurately represent your actual duties. Even minor discrepancies in job titles or descriptions can raise red flags during inspection.

What to Do if You’re Referred to Secondary Inspection

If you are referred to secondary inspection, stay calm and cooperative. CBP officers are trained to evaluate both credibility and documentation.

Here’s how to handle the situation effectively:

·      Answer all questions truthfully and concisely.

·      Avoid offering unnecessary details that could create confusion.

·      Present your documents in a clear, organized, and professional manner.

·      If you feel the officer is misunderstanding your role, politely clarify using your employment letter.

·      Do not argue; instead, request to withdraw your application for admission if necessary, so you can correct issues and reapply.

If CBP denies entry or cancels your TN status, consult our experienced immigration attorneys in New York before attempting to reapply for TN status. Properly addressing the officer’s concerns can make the difference between a successful entry and a long-term bar from TN eligibility.

Speak With a New York TN Visa Lawyer Before You Travel

CBP officers have broad discretion to assess TN eligibility at ports of entry, and even minor inconsistencies can lead to delays or denials. Proactive preparation and a strong understanding of how your role fits within TN requirements are your best defenses.

At Sharma Law Associates, LLC, our New York TN visa attorneys assist management consultants, engineers, and other professionals in structuring their applications and anticipating CBP concerns before they travel.

Call us today at 646-921-6630, contact us online, or schedule a personalized consultation on our calendar to speak with a skilled TN visa lawyer in New York and ensure a smooth next entry.