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« More CBP Offices Confirm Job Duties Govern TN Visa Classification, but Some Still Rely on Job Title Alone | Main | Applying for TN Visa Status by Mail? Here Are a Few Issues to Consider »
Friday
Jan112013

TN Visa Approved for Systems Analyst After Initial Denial as Management Consultant

TN VisaCase Info.
Filing Process:TN visa status application @ USCBP - Peace Bridge, POE
Processing time:Approved same day filed
Approval period:3-years
Citizenship:Canada
TN Category:Computer Systems Analyst
Job title / duties:Technical Manager job title. Duties involved project managing the configuration, implementation, and integration of Oracle retail systems.
Education:Bachelor’s degree in Mechanical Engineering
Experience:20-years
Time under TN status:N/A
Green card filed:N/A
Case history:The applicant initially filed for a TN for this position under the Management Consultant category. Our office was not involved in this filing. That TN visa application was denied by CBP because the inspecting officer did not believe that project management duties were appropriate for the Management Consultant TN category. Our office was subsequently contacted to review the matter.
Strategy:We agreed with the initial denial. However, we believed that the position offered did fall under the Computer Systems Analyst TN category. We helped prepare a revised application that explained the prior denial and outlined the position's eligibility for TN status under the Computer Systems Analyst category.

One challenge was to explain to CBP that Systems Analysts could perform project management work. We supported this with U.S. Dept. of Homeland Security decisions, U.S. Dept. of Labor, and other publications.

Another challenge was to establish to CBP that the applicant qualified for this TN category despite possessing a degree in Mechanical Engineering. Our application explained that a degree in Engineering, which involved the completion of several computer systems analyst related courses, was appropriate for a Computer Systems Analyst based on U.S. Dept. of Homeland Security decisions, U.S. Dept. of Labor, and other publications.

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