The Law Office of Brian D. Zuccaro, PLLC

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TN VISA APPROVAL - PHARMACIST WITH INITIAL INTERN REQUIREMENT - PRIOR DENIAL

TN Visa Case Info.

Filing Process:

TN visa status application @ USCBP - Peace Bridge, POE

Processing time:

Approved same day filed

Approval period:

3-years

Citizenship:
Canada

TN Category:
Pharmacist

Job title / duties:
Pharmacist under supervision (intern) position

Education:
Master's and Bachelor's degrees in Pharmacy; limited state Pharmacist license

Experience:
20-years

Time under TN status:
N/A

Green card filed:
N/A

Case history:
The applicant's TN visa application was previously denied by CBP because (among other reasons) his employer letter did not sufficiently describe the position's job duties. The inspecting officer was also concerned over the application’s description of the position as involving an internship.

One of the main issues in this case was evidencing to USCBP that the position offered fell under the Pharmacist TN visa category based on its job duties, and despite the job title suggesting an internship.

Strategy:

CBP officers frequently deny TN visa applications where the employer's letter suggests the position is not a professional-level position. To overcome this, we prepared a detailed cover letter with supporting evidence to show how the applicant's job offer was appropriate for TN visa status as a Pharmacist.

Our application included an overview of the applicable state's Pharmacist licensing laws, and explained that an initial internship was required for Pharmacists to obtain full licensure. We also included immigration decisions, which held that such Pharmacist intern positions were still considered professional-level Pharmacist positions.