The client in this case, a citizen of Canada, had filed for TN visa status as a Computer Systems Analyst in 2007. The border inspector refused to issue a TN because the client did not have in his possession an original evaluation for his bachelor’s degree in Computer Science from India. He was allowed to withdraw his TN application. The client subsequently turned down his employment offer and resumed his employment in Canada. Two years later he completed a master’s degree program in Information Systems from the University of Phoenix.

This individual received a job offer from a financial services company where he would be involved in the design, development, installation, maintenance, performance tuning, and configuration of Oracle and MS SQL server database software, systems and technologies. Due to his prior denial, he contacted our firm to handle his case.

Upon review of his job description and credentials, we concluded that the position offered fell under the Computer Systems Analyst TN category and this individual qualified for this TN category. We assisted the employer in preparing an employer support letter. We also prepared a legal brief that addressed the two potential issues with the case: (1) relevancy of the degree; and (2) position eligibility. We cited the legacy INS Memo, which stated that generally only a related degree in the field is required for TN, and the Occupational Outlook Handbook (“OOH”), in support of our argument that the client qualified for TN status as a Computer Systems Analyst based on his master’s degree in Information Systems. In addition, we submitted documentation from the U.S. Department of Education confirming that the client’s MS degree (from the University of Phoenix) was issued from an accredited institution. We also referred again to the OOH, and also to job postings, to confirm that Computer Systems Analysts work with Oracle and MS SQL server database software, systems and technologies.

We accompanied the client to the border to present the TN application. Upon review of the application materials, and an interview with the client, U.S. Customs and Border Protection issued the client a TN I-94 valid for 3 years.