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« TN Visa Related Info From AILA Conference - CBP Open Forum | Main | TN Visa → Green Card Approved - Marriage U.S. Citizen ca. 4-months »
Wednesday
Oct312012

TN Visa Approved After Denial: CBP Had Issues With Degree Evaluation & Employer Letter

TN VisaCase Info.
Filing Process:TN Visa Application @ USCBP - Peace Bridge, Buffalo, NY
Approval period:3-years
Citizenship:Canada
TN Category:Computer System Analyst
Job title / duties:Analysis, design, development, and enhancement of online virtual office system.
Education:MBA with a concentration in IT Systems & Marketing from India; Bachelor of Commerce degree from India; Diploma in Electrical Engineering from India
Experience:7-years
Time under TN status:5-years previously approved as a Computer Systems Analyst
Green card filed:N/A
Case history:The applicant applied for his TN visa renewal pro se at the Peace Bridge. He was denied because: (1) the employer's support letter lacked specific job duties; (2) the officer could not reach the signatory of the letter over the phone; and (3) the applicant possessed a degree evaluation from the Trustforte Corporation, and not from the University of Toronto. CBP denied the application even though its offices - including the Peace Bridge - had previously approved the applicant for 3-prior TN visas based on the very same documentation.
Strategy:(1) We believed that the inspecting officer erroneously denied the applicant’s application due to a lack of a degree evaluation from the University of Toronto. We prepared a new application citing the law regarding degree evaluations for TN visas. We also obtained a second degree evaluation from a university professor. (2) We did not disagree with the officer’s determination that the applicant’s initial support letter lacked specificity. Our application included a revised letter with a more detailed description of the job duties. (3) Last, we ensured that the signatory of the employer letter was available during the presentation of the application.

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