SYSTEMS ANALYST TN VISA APPROVAL AFTER TWO DENIALS

The applicant in this case, a citizen of Canada, possessed a Bachelor of Science degree in Electrical Engineering. He had a job opportunity with a staffing company where he would be placed at a third-party site in a Windows Systems Engineering position.

The applicant submitted an employer letter requesting TN status as a Computer Systems Analyst at a port-of-entry on the west coast. The inspecting officer denied the application because he believed the position was an Engineering position. The applicant filed a subsequent TN application at the same port-of-entry describing the same job duties, but now requesting a TN under the Engineering category. The inspecting officer this time refused to issue a TN because he felt that the position did not qualify as an Engineering position.

After his second denial, the applicant contacted our office for a review of his case. We believed the position was more properly classified under the Computer Systems Analyst TN category. We assisted in preparing a revised employer support letter. We also prepared a detailed cover letter, which referenced materials in support of the TN.

These included Occupational Outlook Handbook (OOH) research, Department of Homeland Security administrative decisions, and additional materials confirming that the position offered, despite being titled a Windows Systems Engineer, was still classifiable under the Computer Systems Analyst occupational category.

Although not a basis for the prior denials, we included research to establish the applicant’s eligibility for a TN visa as a Systems Analyst based on his Electrical Engineering degree. As CBP often only accepts computer science degrees for Systems Analysts, we wanted to have support materials ready in case CBP questioned the applicant’s degree.*

We then accompanied the applicant to a port-of-entry in western New York for presentation of the revised application package. Following a review and interview, CBP approved the applicant’s TN visa status for a three year period.

*While CBP had denied the prior two TN visa applications based on job duties, and did not mention the applicant’s credentials, this did not preclude CBP from subsequently contesting eligibility based on the lack of an appropriate degree.