The Law Office of Brian D. Zuccaro, PLLC

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TN VISA APPROVAL – RESEARCH ASSISTANT

BACKGROUND:    

  • The applicant, a citizen of Canada, was offered a job as Designer & Researcher for a university, which would involve designing educational curriculum for the school.

  • Although the job title did not specifically match any of the TN visa occupational categories, I believed the position could be classified under the Research Assistant TN category because of the job duties involved.


TN CATEGORY:    


JOB TITLE / DUTIES:    

  • As the Designer & Researcher job title was not entirely indicative of a Research Assistant position, it was important that the applicant’s TN Support Letter clearly indicate that the position offered was consistent with the Research Assistant occupation.

  • Additionally, as further proof of eligibility, in my cover letter to USCBP I explained and evidenced how the position qualified for TN visa status under the Research Assistant category.

  • First, I showed that the duties were consistent with those of a Research Assistant as defined in the Statistics Canada’s National Occupational Classification manual. (The Occupational Outlook Handbook - the normal reference for such analysis - does not have a specific entry for Research Assistant.)

  • Next, I explained and documented how other career publications confirmed that Research Assistants may develop educational curriculum, and may have job titles similar to the position offered.


EDUCATION:    

  • The applicant possessed a MS degree in Architecture from a design school.

  • To establish the applicant’s eligibility for a TN visa under the Research Assistant category, it was important for the TN Support Letter to explain how the applicant’s education was related to the position offered (e.g. because she was developing curriculum related to design).

  • It was also critical that the applicant be prepared to explain how her degree was relevant, and prepared her to undertake the duties of the position.


FILING PROCESS:    

  • TN visa status application filed at the Buffalo, NY Peace Bridge port-of-entry.


PROCESSING TIME:    

  • Approved same day as filed.


APPROVAL PERIOD:  

  • 1 year (for the applicable school year)


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