What do cows have to do with TN visas and politics? A lot.
Farmers and ranchers in Kansas need to hire agriculturists, agronomists, animal breeders, vets, and related professionals to take care of cattle and to comply with complex FDA-mandated regulations. There is a shortage of these professionals in rural Kansas areas. One of the business tools used by farmers and ranchers in Kansas and other Midwest states to attract qualified professionals to their communities is the TN visa authorized by congress under USMCA/NAFTA.
How TN Visa is Supposed to Work
In a nutshell, this is how it is supposed to work: a U.S. farm or ranch files a TN petition with USCIS for a specific professional from Mexico with a bachelor's degree related to agronomy, animal science, agriculture, or related field. When USCIS approves the US employer's petition, the professional applies for a TN visa at a U.S. Consulate abroad. The U.S. Consulate issues a TN visa, and the professional comes to Kansas to take care of cows and ensure compliance with strict government-imposed standard on faming and cattle operations, for up to three years. The U.S. farm or ranch may file petitions to extend TN visa for their employees in three-year increments.
Recent Trends: Unpredictability
The more politicians talk in erratic terms about immigration, the more unpredictable TN visa adjudications are becoming. For example, recently, our colleagues have been reporting denials of TN visa applications for the animal breeder occupation. We have seen triple digit increases in USCIS issuing Request for Evidence challenging US farmers and ranchers' need for TN professionals in agronomists, animal breeders, agriculturalists, and related occupations. Colleagues are reporting denials of previously approved TN extensions for the same occupations, which disrupts the farmers and rancher's ability to take care of the animals.
Kansas Farmers and Ranchers Need Certainty, not Unpredictability
How does a farmer or a rancher in Kansas, Nebraska, or Iowa take care of its cows without professional help? First of all, cows cannot wait if they are sick. They need to be taken care of. Second, just because USCIS or DOS denies a TN for an agronomist at a Kansas Farm, that does not cancel the farmers and ranchers' obligation to produce a Nutrient Management Plan under the federal regulation and monitor compliance - who will take care of it? That is not clear.
Kansas farmers and ranchers need certainty in their ability to use the NAFTA law and TN visas, not unpredictability.
Business Immigration Lawyer
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