Company offered the Applicant a position labeled as a “Production Manager,” where he would be responsible for the manufacturing and production of textile packaging systems for the fresh produce industry.

Issue:

The issue was whether this position fell under one of the TN occupational categories. U.S. immigration often considers managerial and executive positions as ineligible for H-1Bs under the impression that these positions do not require a bachelor’s degree in a specialized area (a requirement for an H-1B visa). Inspectors apply this reasoning to TN applications also, even though the standard for a TN differs.

Applicable Regulations:

For a position to qualify for TN visa status, the position must involve “business activities at a professional level.” This is defined as “those undertakings which require that, for successful completion, the individual has a least a baccalaureate degree or appropriate credentials demonstrating status as a professional in a profession set forth in Appendix 1603.D.1." 8 C.F.R. § 214.6 (c).

For example, a position may qualify for TN visa status under the Industrial Designer category if in order to successfully complete the duties of the position, an individual must possess one of the three credentials listed in Appendix 1603.D.1 for the Industrial Designer category.

In this analysis, it is the job duties, not the company’s internal job title that governs. We refer to the U.S. Department of Labor’s Occupational Outlook Handbook (OOH) for guidance on the generally accepted job duties of a particular TN occupational category. Our review of the Production Manager position offered indicated that the job duties were those of an Industrial Engineer. The applicant qualified for this TN category based on his possession of a Licenciatura Degree in Textile Engineering.

Solution:

Our application materials established the connection between the applicant’s job duties and the tasks normally performed by an Industrial Engineer as described in the OOH. We also highlighted the applicant’s relevant education, which included specialized training in the company’s textile engineering processes, manufacturing equipment and procedures, and technical applications.

Result:

The Mexico City U.S. Embassy approved our client’s TN visa application for a three year period without complication.

FEBRUARY 4, 2009ENGINEER, MANAGEMENT/SUPERVISOR DUTIES