|TN Visa||Case Info.|
|Background:||The applicant, a citizen of Canada, was seeking to renew his TN for a position as a Project Manager. We reviewed the position offered and the applicant’s credentials, and although not exact matches on either account, we verified that the individual could still qualify under the Computer Systems Analyst TN visa category.|
|TN Category:||Computer Systems Analyst|
|Job title / duties:||The duties of this Project Manager position involved the analysis, design, optimization, and implementation of interactive hospital patient systems. It did not have any direct reports.|
Any time there is not an exact match between an applicant's job title and the TN category, there can be added scrutiny. This is even more so when the position has an executive or managerial title. The key to this case was explaining that the position still involved primarily Computer Systems Analyst tasks as opposed to managerial or administrative ones. We supplemented the application with evidence that Computer Systems Analysts commonly performed project management tasks.
|Education:||The applicant possessed a General Science bachelor's degree, a diploma in IT, and about 13 years of experience in the field. To establish eligibility, we highlighted the applicant's computer coursework during his bachelor's degree program, and also presented a letter from his school affirming that his diploma was comparable to a 2-year program. We included proof of his experience. We 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 Science 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|
TN Visa Articles
During a recent liaison meeting with the American Immigration Lawyers Association, the U.S. Department of State (DOS) confirmed that a Mexican citizen's TN visa stamp remains valid despite a change in employer.
For example, if a Mexican citizen working in the U.S. under TN status for company ABC later files an I-129 petition to work for company XYZ, the individual may continue to use his/her TN visa stamp from company ABC for travel until the visa stamp expires. The DOS recommended that such individuals travel with their I-797 approval notice for the new company in case it is requested by U.S. border officials. AILA/DOS Liaison, AILA Doc. No. 16100705 (posted 10/7/16).
USCBP has launched a new online system that would allow individuals to submit their biographic and travel information, and pay the $6 I-94 fee online in advance of their travel.
I do not believe this would be of much benefit to TN visa applicants – particularly Canadian citizens – because (1) the new process appears to be geared toward B1/B2 visa visitors (and perhaps F-1 and J-1 visa holders), and not for individuals seeking work authorization at the border (e.g. TN, L-1 visas); (2) CBP will need to conduct more extensive questioning at the border to determine TN visa eligibility; and (3) TN applicants (Canadian citizens) will still need to pay the TN visa status application filing fee ($50) at the border.