TN Visa Case Info.

Background:

The applicant, a citizen of Canada, was offered a position as a user interface designer. We reviewed the position offered and the applicant’s credentials. Based on its job duties, we believed the position could be classified under the Scientific Technician – Engineering TN category. Although he did not possess a degree or diploma, we believed the applicant had sufficient experience in the field to warrant approval. This was the individual’s first TN visa application.

TN Category:

Scientific Technician – Engineering

Job title / duties:

The duties involved the design, development, and implementation of user interface designs that would enhance the use of the petitioner’s web and mobile applications.

As with most Scientific Technician applications, 2 main challenges were (1) showing that the job fell within this occupational category; and (2) evidencing that the applicant was working in support of a professional in the field.

IT positions can be challenging for a TN particularly for a Scientific Technician application. (IT roles may be considered atypical for a SciTech.) Here it was critical to explain in the application that since Engineering was a discipline that a Scientific Technician may work in, and that Software Engineering was a recognized engineering discipline for TN purposes, then an individual may perform software engineering duties under the Scientific Technician TN category. We then had to establish that the applicant’s duties were consistent with an Engineering Technician working within the software engineering discipline, which we did with research from a variety of sources.

We also included a statement from the applicant’s supervisor along with a copy of his Computer Science degree to establish that the applicant was working in support of a professional in the software engineering discipline.

Education:

The regulations do not require a degree or diploma for eligibility under the Scientific Technician category. U.S. immigration guidelines state that applicants should have at least 2 years of training in the field. Many CBP offices differ on the nature of this requirement: some hold that a diploma is required to evidence this training, while others may accept a combination of education and/or experience.

As this applicant did not possess any degrees or diplomas, it was critical that we evidenced his prior work experience in the field. This was achieved by securing letters from the applicant’s prior employers that detailed his experience performing duties similar to the proposed position.

Filing Process:

TN visa status application @ USCBP - Buffalo, NY POE

Processing time:

Approved same day filed

Approval period:

3 years