BACKGROUND:    

• The applicant, a citizen of Canada, was offered a job as a Clinical Project Manager, which would involve the research, planning, overseeing, and closing of clinical drug trials for the company’s clients.

• Although the job title did not match any of the TN visa occupational categories, and despite the problem of managerial titles for TNs in general, I believed the position could be classified under the Biologist TN category because of the job duties involved.

• Additionally, while the applicant did not possess a degree in Biology, I believed that she still could qualify based on her possession of a related degree.

• As in any case where the applicant’s job title and/or degree does not match the applicable TN visa category exactly, it was imperative to explain and evidence how the applicant still qualified for the TN.

TN CATEGORY:    

• Biologist

JOB TITLE / DUTIES:    

• As the Clinical Project Manager job title was not indicative of a Biologist position, in my cover letter to USCBP I explained and evidenced how the position qualified for TN visa status under the Biologist category.

• First, I showed that the duties were consistent with those of a Microbiologist as defined in the Occupational Outlook Handbook. (The OOH does not have a specific entry for Biologists.)

• I then explained how Department of Labor and other career publications confirmed that Biologists/Microbiologists may perform managerial-related functions. and may have job titles similar to the position offered.

• I also documented that Biologists/Microbiologists went by different job titles including those similar to the position offered.

EDUCATION:    

• The applicant possessed a Bachelor of Science degree in Physiology.

• To establish the applicant’s eligibility for a TN visa under the Biologist category, I highlighted the applicant’s completion of coursework in Biology, and then evidenced that Physiology was related to Biology as both were part of the Biological Sciences discipline.

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:  

• 3 years

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