TN Visa Approval – Mathematician (Slot Game Designer Job / Engineering Degree)

TN VisaCase Info.
Background:The applicant, a citizen of Canada, had been offered a job as a Slot Game Designer for a global gaming developer. We reviewed the position offered, and although the job title was not entirely indicative of such a role, based on the position’s job duties we believed the position could be classified under the Mathematician TN category. Additionally, while the applicant did not possess a degree in Mathematics, we believed that he still could qualify under the Mathematician TN visa category.
TN Category: Mathematician
Job title / duties:The duties of the Slot Game Designer position involved utilizing math and probability techniques to create math models for the employer’s casino-style slot games played on social media platforms.

As the job title was not indicative of a Mathematician role, in my cover letter to USCBP I described how Mathematicians work on the development of casino games and included extensive career and industry publications to support this claim. I also highlighted that Mathematicians working in this area went by different job titles including Game Designer and similar variations.
Education:The applicant possessed degrees in Electrical Engineering, and had over 12 years of related experience. As with any case where the applicant does not possess a degree directly in the TN occupational category, it was imperative to establish how the applicant qualified under the Mathematician TN visa category.

To establish eligibility, in my cover letter to USCBP I highlighted the applicant's Mathematics coursework completed during his degree programs and included his transcripts in the application. I also included proof of his experience working in the field (i.e. a reference letter from a prior employer). I then supplemented the application with research establishing that a degree in Mathematics was not required for a Mathematician position, and that individuals with degrees in a related field such as Engineering could also qualify.

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

New USCBP TN Filing Policy Change

According to the USCBP Buffalo Field Office, effective August 21, 2017, attorneys will not be allowed in the secondary inspection area of any port-of-entry with their clients. This is apparently a national policy affecting all U.S. port-of-entries. Attorneys may still be able to contact USCBP officers prior to or after the filing of an application to discuss a client’s case, but they are now prohibited from being physically present at the U.S. port-of-entry to advocate for their client during the inspection process. The ramifications of this policy is that immigration attorneys will not be able to accompany a client to the border to represent their clients during the adjudication of a TN visa status application.

While our office may be currently unable to accompany clients to the port-of-entry for the filing of a TN application, we continue to correspond with USCBP officers by phone or email to address any concerns that a port may have with an application. Our services continue to include the drafting of the necessary paperwork for a TN visa application including the employer support letter, a cover letter to USCBP that outlines the case, and supporting research to establish eligibility for the TN. We will also continue to provide a thorough briefing with the applicant before the filing of the application so that he/she is well-prepared to address any questions USCBP may have during the filing of the application.

Systems Analyst TN Visa Approval After 2 Denials for Lack of Computer Degree

TN VisaCase Info.
Background:The applicant, a citizen of Canada, had been approved for TN visa status under the Computer Systems Analyst category for several years. When he recently applied for a new TN to change employers, a USCBP officer refused to approve the application because the applicant held a degree in Electrical Engineering and not Computer Science. The applicant returned to the border with his SAP certificates, but the USCBP officer again refused to issue a TN to the applicant due to his lack of a Computer Science degree.

We reviewed the position offered and the applicant’s credentials, and although he did not possess a degree in Computer Science, we believed that the individual still qualified under the Computer Systems Analyst TN visa category.
TN Category:Computer Systems Analyst
Job title / duties:The duties of the Systems Analyst BW/HANA position involved the analysis, design, configuration, and troubleshooting of SAP Business Warehouse (BW) and Business Intelligence (BI) systems and the HANA application.

Education:The applicant possessed a degree in Electrical Engineering, and completed several computer-related courses. He also completed training on the SAP systems involved in the position offered, and had over 15 years of related experience. To establish eligibility, we highlighted the applicant's computer coursework completed during his bachelor's degree program, and the SAP training he received. We included proof of his experience working with SAP. We then supplemented the application with research establishing that a degree in Computer Science was not required for a Computer Systems Analyst position, and that individuals with degrees in Engineering who have training and experience in the field could also qualify.

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