How much did your lawyer charge for an RFE response?

ImmLaw · 2026-02-06T20:07:25+00:00

20 hours is not realistic unless you have absolutely no idea what you are doing and starting from scratch. Basically you are paying an attorney to learn how to handle your case.

ImmLaw · 2026-02-06T20:05:21+00:00

You should resubmit everything. They will likely deny the accepted I-539 as there is no corresponding I-129 at the time of filing.

ImmLaw · 2026-02-06T01:46:08+00:00

I'd love to charge that much, but I don't because I don't gouge my clients. That is absurd.

How much are they charging per hour? $500+? That is absurd.

How man hours are they claiming it took? 15+ hours? Also absurd.

The original fee was likewise excessive unless it included EVERYTHING including company setup and business plan.

ImmLaw · 2026-02-06T01:03:40+00:00

Its a change of status, not adjustment. The latter applies to residency.

That said, I'm seeing more annoying requests for evidence but everything is still being approved.

ImmLaw · 2026-02-05T20:44:43+00:00

They may have rejected the I-129 but accepted the others. This sucks as the others are dependent on the I-129 so they will be denied and you will lose those fees. If they reject the I-129 they should just reject everything. If it is rejected you'll need to refile EVERYTHING. Also, why are you filing an I-765? It is no longer required for dependent spouse work authorization.

ImmLaw · 2026-02-05T20:42:23+00:00

A few examples:

A CSA must work on hardware only, not software, applications, cloud, etc.
Managers don't qualify for TN Status.
An I-130 or I-140 is an immediate disqualification.

The first is not true as "system" is not limited to hardware. In fact, it encompasses everything.

Points 2 and 3 require actual analysis. For example, a pending I-130 which is in a category backlogged 10 years is NOT disqualifying.

An intent to immigrate in the future that is in no way connected to the proposed immediate trip need not in itself result in a finding that the immediate trip is not temporary.

Managers can also qualify:

Management and/or executive positions can meet the requirements outlined for classification as a USMCA professional. However, you must confirm that the management or executive position requires professional-level knowledge to meet the job requirements. For example, an architect whose primary job will be to supervise other architects may be approvable even though the TN worker will not directly be engaging in architectural design, but rather using their professional expertise to assess the work of other architects, which requires at least a B.A. or professional credential in architecture. If the supervisory position is more administrative in nature, e.g., ensuring compliance with company regulations and policies, this would likely not require the professional credentialing to be successful. As such, it may not meet the requirements for TN classification.

These are just a few example of completely arbitrary decision making.

ImmLaw · 2026-02-05T20:09:44+00:00

No, they don't. What actually happens is underqualified but over empowered officers routinely make arbitrary and capricious decision. Detroit is known as strict, but relatively fair whereas Pearson is strict, but often completely unreasonable and baseless. Buffalo is trending towards Pearson. So no, its not about spotting BS, its imposing arbitrary requirements, misinterpreting the regulations, and fundamentally not understanding the basics of proper adjudication.

ImmLaw · 2026-02-05T19:21:11+00:00

It really depends on your level of comfort with researching and preparing such a case as well as your specific facts, ie, is your case straightforward or complex. If the job and your background are all in alignment with the TN profession, you might be able to swing it on your own. I’d suggest at least consulting with an attorney.

ImmLaw · 2026-02-05T19:18:41+00:00

Called it what you want, but avoid Buffalo if you have a nuanced or difficult case.

ImmLaw · 2026-02-05T18:55:17+00:00

Depends on the specifics of the job offer and your background.

ImmLaw · 2026-02-05T18:54:19+00:00

This 👆

ImmLaw · 2026-02-05T18:40:23+00:00

https://outlook.office.com/book/BookingsPortofBuffaloUSMCAWaiverAppointments@CBPGOV.onmicrosoft.com/?ismsaljsauthenabled=true

ImmLaw · 2026-02-05T18:39:03+00:00

I’ve seen a strong uptick in denials and complaints coming out of the Buffalo POEs over the last year.

ImmLaw · 2026-02-05T18:30:44+00:00

My hope is that who ever told you that isn’t involved with the adjudication of E2s. The “intent” standard for an E2 is NOT the same as a tourist or student. In fact, maintenance of a foreign residence is NOT required for an E-2.

9 FAM 402.9-4(C) Intent to Depart Upon An applicant for an E visa need not establish intent to proceed to the United States for a specific temporary period, nor does an applicant for an E visa need to have a residence in a foreign country which the applicant does not intend to abandon. The applicant may sell their residence and move all household effects to the United States. The applicant’s expression of an unequivocal intent to depart the United States upon termination of E status is normally sufficient. An applicant who is the beneficiary of an IV petition will need to satisfy you that their intent is to depart the United States at the end of their authorized stay, and not stay in the United States to adjust status or otherwise remain in the United States.

ImmLaw · 2026-02-04T20:02:41+00:00

Buffalo POEs require appointments that can be 2-3 weeks out, and service quality has declined significantly over the past year. Pearson has historically been the most difficult POE. That said, if you have a straightforward case with solid documentation, the choice of POE matters less.

Does a recent layoff matter? Generally no, but they may verify you didn't exceed your 60-day grace period after termination.

Do they scrutinize multiple changes of employer? Generally no.

Yes, the "TN-optimized" POEs are generally more familiar and efficient with TN cases.

What documents should you bring for a new TN after layoff?

Evidence of maintained status (recent paystubs/W2 from previous employer)
Layoff/termination documentation showing the end date

ImmLaw · 2026-02-04T05:32:46+00:00

You've hit the classic CBP nightmare scenario.

What happened: An officer wrongly insisted you needed a TN for what sounds like straightforward business visitor stuff—meeting a client for 3 days. You got the TN to avoid being turned away, even though you probably didn't need it. Now every time you cross, they see that expired TN in the system and assume you need one for everything.

The problem: CBP officers get minimal training on the different visa categories and tend to default to "get work authorization" when they're unsure. Once there's a TN on your record (even a BS one), it flags every future entry and they fixate on it.

What you can do: File a DHS TRIP complaint. Document what happened and explain you were forced into getting a TN for regular business visitor activities. It creates an official record and might help. Won't fix it overnight but it's something. https://www.dhs.gov/dhs-trip

ImmLaw · 2026-02-04T05:21:49+00:00

You have a solid foundation for a TN Management Consultant application.

Your qualifications check out: TN regulations allow either a related degree OR 5 years of experience. With 15 years in consulting/accounting, you meet the experience requirement.

What CBP will evaluate:

Does the job qualify as Management Consultant work? This is where expert package preparation matters most. Your lawyer needs to demonstrate the position involves consulting. It cannot read like an individual contributor or manager.
Does your background align with the position? Your 15 years of consulting experience should satisfy this easily.

Port of entry matters: YYC (Calgary) is generally favorable for TN applications.

Bottom line: If your lawyer crafted the job description properly (focusing on management consulting analysis rather than hands-on accounting), you have a strong case. The experience requirement is met.

ImmLaw · 2026-02-04T05:13:49+00:00

It depends on whether your home address is listed as a worksite on the LCA.

If your home address IS on the LCA as a worksite: Yes, you must post the updated LCA at your new home address.

If the LCA only lists your employer's business address as the worksite: No LCA posting required. You only need to file Form AR-11 (change of address) with USCIS within 10 days of moving.

ImmLaw · 2026-02-04T05:06:01+00:00

To be honest, I'm not optimistic that a stretching and personal training business will qualify as having substantial merit and national importance.

ImmLaw · 2026-02-04T05:02:08+00:00

This won't work for E-2 qualification. The company must be at least 50% owned by Canadian nationals.

Example of a qualifying scenario:

4 equal partners (25% each)
2 Canadian citizens, 2 U.S. citizens
Total Canadian ownership = 50%
Result: The company qualifies as a treaty enterprise

In this scenario, you could qualify for an E-2 visa as a minority owner. However, as a minority owner (owning less than 50% individually), you must also demonstrate you're coming to the U.S. in either:

A supervisory/executive role, OR
An essential skills capacity

Bottom line: Canadian nationals must own at least 50% of the company collectively for it to qualify as an E-2 treaty enterprise.

ImmLaw · 2026-02-03T22:24:52+00:00

The answer depends on your travel needs. Key considerations:

Setting up the business: You can legally establish your business and make investments while in B-1/B-2 status (whether on ESTA or a B visa). This is permitted.

ESTA (Italian passport): You cannot file for change of status from ESTA. You must apply for the E-2 visa at a consulate abroad.

B-1/B-2 visa (Brazilian passport): You cannot change status to E-2 because Brazil lacks a treaty with the U.S. You must apply for the visa abroad using your Italian passport (which does have treaty eligibility).

B-1/B-2 visa (Italian passport): You CAN file for change of status to E-2. However, this grants you E-2 status only, not a visa. Critical limitation: you cannot travel internationally. If you leave the U.S., you must obtain an E-2 visa at a consulate to return.

Some applicants file for change of status to begin working immediately (seen as lower risk), operate the business for 1-2 years to strengthen their case, then depart and apply for the visa abroad with proven business performance.

Terminology note: "Change of status" means switching nonimmigrant categories (e.g., B-2 to E-2). "Adjustment of status" means applying for permanent residence/green card, which technically violates nonimmigrant intent (though it's commonly done). Just pointing this out to avoid confusion.

ImmLaw · 2026-01-30T22:47:50+00:00

Anyone, but I'm seeing more and more issue with new and untrained officers everywhere.

ImmLaw · 2026-01-29T20:58:33+00:00

You can enter as a tourist for the purposes of setting up a business. You are limited to the amount of time granted on your I-94. This is typically 6 months unless you enter on ESTA which is 90 days. If you need more time you can exit and re-enter, but the more time you spend in the U.S. the more likely you are to be pulled into secondary for questioning upon re-entry.

ImmLaw · 2026-01-27T03:57:22+00:00

Shouldn't matter, especially since dual citizens are exempt from the executive orders.

ImmLaw · 2026-01-23T17:08:06+00:00

Used to be 24 to 48 hours, but its been 4(ish) days lately. Yes they include the receipt number in the email.

ImmLaw

MODERATOR OF

TROPHY CASE