I applied and was denied four different times at the US/Canada border for TN-1 status. Each time I modified the offer letter removing/changing language based on officer feedback. Eventually I applied via USCIS and was approved for same job/description-and CBP admitted me on TN-1 status.
Now, a few years later I applied for an E-2 visa at the Toronto consulate Nov 8th 2025. Officer said she wanted to recommend the visa but was unable to print it due to a (6)(C)(i) flag on the computer. I asked where that is coming from, she would not elaborate.
Upon reading the TN-1 sworn statements from the denials, the last denial CBP wrote: "'modified your offer letter by removing the duties of hiring and supervising', which is why the CBP officer was concerned about the possibility of fraudulent activity."
Also he wrote: "application has been denied three (3) previous times, and you presented to me today an application which is not substantially different from the one that was denied only a few days ago. To US Immigration Officers, when an individual repeatedly presents an application for work authorization and it is repeatedly denied, it appears that you may be attempting to gain admission to the US through fraudulent means."
The consulate officer applied for a waiver on my behalf. I submitted a rebuttal (around Nov 20th 2025) based upon my guess that the (6)(C)(i) flag is due to the two comments from CBP.
My rebuttal basically is that the language the officer used does NOT amount to fraud. The language is speculative at best. And besides, there is nothing wrong with making minor changes to an application. An important point is he wrote "which is not substantially different". So why did he say in the first sentence that he is "concerned about the possibility of fraudulent activity", but in the next sentence say "not substantially different". Both of those statements can't be true. IE you can't make changes big enough to amount to fraud but then also not make 'substantial' changes!
Anyway, I believe I presented a rebuttal that shows rather strongly that NO fraud existed. None of the 4 elements of fraud as defined by FAM 9 have even actually been accused let alone demonstrated.
So I asked that the flag be rescinded in my rebuttal package.
I had the consulate interview on Nov 8th 2025. The consulate officer said that she is going to recommend the visa is issue but then the supervisor said that they could not issue the visa due to the 6Ci flag. He then stated that they would apply for a waiver on my behalf. Since then I sent in a rebuttal package with 4 affidavits. Three from contractors who stated I only ever did engineering work at the site and another one from the owner of the project who also stated I never did anything other than engineering design and testing (IE no management duties which CBP accused me of).
So here I am nearly 6 months from the interview date and I'm still waiting for a waiver. Is there any way to expedite it? I'm about to loose my E-2 visa investment and I will also not be able to hire the Americans I planned to as a result of the delay. Anything I can do?!?!