Computer Systems Analyst TN Visa Approval – Prior Denial As Programmer

The client in this case filed a TN visa status application at the Blaine, Washington port-of-entry under the Computer Systems Analyst category. The inspecting officer refused to issue a TN contending that the position offered did not qualify as a Computer Systems Analyst position. The officer believed the position offered was that of a Programmer, which according to the NAFTA Handbook does not fall within the Computer Systems Analyst TN visa category.

The client engaged our firm to review his case. We determined that the client’s job duties did fall under the Computer Systems Analyst occupational category, and not that of a Programmer based on the occupational descriptions provided in the U.S. Department of Labor’s Occupational Outlook Handbook.

In support of the client’s TN visa application, we prepared an attorney brief, which outlined the distinction between Computer Systems Analysts and Programmers. The brief explained how the client’s job responsibilities, which involved the design, development, and maintenance of internet applications for an automated life insurance sales system, greatly exceeded those undertaken by a Programmer and fell within the undertakings performed by a Computer Systems Analyst.

We assembled the client’s TN visa application with an attorney cover letter, the brief, and supporting documents and accompanied the client to the Buffalo, New York Peace Bridge port-of-entry for presentation of the application. The inspecting officer approved the client’s TN visa application and issued a 3 year TN.