I-129 TN Visa Extension Approved - Systems Analyst

TN VisaCase Info.
Background:The applicant, a citizen of Canada, had been working in the U.S. under TN status for the same employer since 2002. He had previous issues regarding meeting the temporary entry requirements for TN status when attempting to his renew at the border. We assisted in overcoming these issues, and the applicant had successfully obtained his renewals by mail with USCIS. The applicant sought another renewal of his TN.
TN Category:Computer Systems Analyst
Job title / duties:The duties of this position involved working on computerized criminal justice information systems.

Education:The applicant possessed a Post-Secondary Diploma in Business Information Systems, and a 2-year Diploma in Business Data Processing. He also had over 20 years of experience.

Filing Process:I-129 TN visa status petition filed with USCIS’ Vermont Service Center
Processing time:Approx. 6 months
Approval period:3 years

TN Visa to Green Card Approved in 4 Months

Green CardCase Info.
Case History / Issues:Applicant was a Canadian citizen, and was working in the U.S. under valid TN visa status. Applicant married a U.S. citizen.
Strategy:Reviewed case for adjustment of status eligibility, and to ensure no preconceived intent issues, potential employment gap or travel issues, or maintenance of status issues. Reviewed case to assess the merits of the green card application. The applicant and his spouse had sufficient documentation evidencing the bona fides of their marriage, and therefore, should not have an issue securing approval of the I-130 petition. The U.S. citizen was working part-time, and therefore we relied upon the applicant’s TN employment income to meet the I-864, Affidavit of Support income requirements.
Filing Process:I-130 / I-485 application @ USCIS
Filed:March 2016
Biometrics Scheduled:April 2016
Employment Authorization / Travel Card Issued:April 2016
Interview Date:June 2016 at USCIS' Buffalo, NY local office.
Green Card Received:June 2016
Processing Time:Approx. 4 months

TN Visa Approval for Software Engineer – PLM Software

TN VisaCase Info.
Background:The applicant, a citizen of Canada, was offered a position as a Software Engineer. We reviewed the position offered and the applicant’s credentials. Based on its job duties, we believed the position could be classified under the Engineer TN category. The applicant also possessed a degree in Software Engineering.
TN Category:Engineer
Job title / duties:The duties of this Software Engineer position involved the design and development of Product Lifecycle Management (PLM) software for the petitioner’s internal use.

With Software Engineer TN applications, it was important to establish that the applicant was not primarily engaged in “low-level” coding/programming duties. USCBP believes that a position involving a majority of coding/programming tasks is not a professional-level Software Engineer role, and would not qualify for TN visa status. To alleviate any potential concerns, I included materials establishing that Software Engineers worked on the design and development of the specific PLM software involved in the position.

Education:The applicant possessed a Bachelor’s degree in Software Engineering – an exact match for the TN category.

Filing Process:TN visa status application @ USCBP - Buffalo, NY POE
Processing time:Approved same day filed
Approval period:3 years