TN VISA APPROVED AFTER DENIAL: CBP HAD ISSUES WITH DEGREE EVALUATION & EMPLOYER LETTER

TN Visa Case Info.

Filing Process:
TN Visa Application @ USCBP - Peace Bridge, Buffalo, NY

Approval period:
3-years

Citizenship:
Canada

TN Category:
Computer System Analyst

Job title / duties:
Analysis, design, development, and enhancement of online virtual office system.

Education:
MBA with a concentration in IT Systems & Marketing from India; Bachelor of Commerce degree from India; Diploma in Electrical Engineering from India

Experience:
7-years

Time under TN status:
5-years previously approved as a Computer Systems Analyst

Green card filed:
N/A

Case history:
The applicant applied for his TN visa renewal pro se at the Peace Bridge. He was denied because: (1) the employer's support letter lacked specific job duties; (2) the officer could not reach the signatory of the letter over the phone; and (3) the applicant possessed a degree evaluation from the Trustforte Corporation, and not from the University of Toronto. CBP denied the application even though its offices - including the Peace Bridge - had previously approved the applicant for 3-prior TN visas based on the very same documentation.

Strategy:
(1) We believed that the inspecting officer erroneously denied the applicant’s application due to a lack of a degree evaluation from the University of Toronto. We prepared a new application citing the law regarding degree evaluations for TN visas. We also obtained a second degree evaluation from a university professor.

(2) We did not disagree with the officer’s determination that the applicant’s initial support letter lacked specificity. Our application included a revised letter with a more detailed description of the job duties.

(3) Last, we ensured that the signatory of the employer letter was available during the presentation of the application.