BACKGROUND:    

• The applicant had several TNs in the past under the Management Consultant category through which the applicant provided food safety audits in the U.S.

• During the applicant’s last attempt to obtain a new TN for this work, USCBP denied the application arguing that the work was not consistent with the Management Consultant category.

SOLUTION:    

• In reviewing the applicant’s duties, I concluded that they did not fall within the Management Consultant TN visa category, but could be classified under the Agriculturist TN visa category.

• I prepared paperwork to show that the Occupational Outlook Handbook (OOH) classified Food Scientists and Food Safety Scientists jobs under the OOH’s occupational classification of Agricultural and Food Scientists.

• I explained and documented how Food Scientists conduct food safety audits similar to the position offered, and may have the job title of Auditor or similar titles.

• I then explained how the applicant qualified under the Agriculturist TN visa category based on possessing a Bachelor’s Degree in Agriculture.

FILING PROCESS:    

• The applicant presented the application at the Buffalo, NY port-of-entry, which approved the application on the same day.

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