TN Visa Approval for Embryologist at USCIS After 2 Border Denials
BACKGROUND:
The TN visa applicant was offered a job as an Embryologist.
The applicant applied at the border on her own under the Biochemist TN occupation. The border officer denied the application arguing that the position did not fall within the Biochemist occupation.
The applicant applied a second time at the border this time under the Biologist occupation, but the border officer was unwilling to overturn the prior border officer’s decision.
The applicant then hired our office to assist with her application. Upon my review of her case, I believed the position of Embryologist did fall within the Biologist occupation, but that further proof would be required and that re-filing with USCIS would be a better option.
TN VISA CATEGORY:
TN VISA SERVICE USED:
JOB TITLE / DUTIES:
The Embryologist position was responsible for assisting physicians with fertility treatments, such as In Vitro Fertilization (IVF) .
As with any position with a job title that does not exactly match the TN visa occupational category, it was important to explain and document how the position of Embryologist fell within the Biologist TN visa classification.
In addition to a detailed employer support letter, in my cover letter to USCIS, I explained the case history, and evidenced how an Embryologist position fell under the occupational category for Biologists based on U.S. Department of Labor publications and other career sources.
EDUCATION:
The TN visa applicant possessed degrees in Biology and Biochemistry.
FILING PROCESS:
TN visa status I-129 petition filed with USCIS.
PROCESSING TIME:
TN visa status approved within 2 weeks (premium processing utilized).
No Request for Evidence (RFE) issued).
TN VISA APPROVAL PERIOD:
3 years
Statements regarding prior application approvals our office has obtained are provided for informational purposes only. Prior results do not guarantee a similar outcome.