BACKGROUND:    

• The applicant, a citizen of Canada, was working in the U.S. under TN visa status as a Vocational Counselor.

• As many TN visa workers have done since the beginning of the Covid 19 pandemic, the applicant decided to renew their TN visa status with USCIS by filing an I-129 petition for an extension of status rather than applying at the U.S. port-of-entry.

• Like many such individuals have discovered recently, USCIS does not defer to prior TN border approvals, and have been frequently issuing Requests for Evidence seeking additional information on how the applicant meets the TN visa requirements.

• In this case, USCIS sought proof that the applicant possessed the requisite professional license for the Vocational Counselor position, or evidence that the position did not require a license.

• The applicant had filed their I-129 petition on their own, and then contacted our office for assistance with the Request for Evidence (RFE).

TN VISA SERVICE USED:    

• Our Full TN Visa Application service.

SOLUTION:    

• We prepared a detailed employer support letter, and provided extensive evidence including applicable codes and regulations to show that the Vocational Counselor position offered did not require a license under New York State law.

FILING PROCESS:    

• TN visa RFE response submitted to USCIS.

PROCESSING TIME:    

• The applicant had filed their initial I-129 petition via premium processing. Upon receipt of the RFE submission, USCIS completed its review within the 2 week premium processing time frame.

Statements regarding prior application approvals our office has obtained are provided for informational purposes only. Prior results do not guarantee a similar outcome.