TN Approval for Economist despite Three Prior Refusals – Mistaken TN Category

Job Offer:

An IT staffing firm desired to place TN Visa Applicant with health car provider as an Economist where Applicant would be responsible for performing econometrics and statistical research and analysis, and economic health data modeling and reporting.

Prior History:

The IT firm had previously filed two TN applications for the Applicant under the Computer Systems Analyst category, which U.S. immigration approved without complication. The staffing firm then filed a TN visa application for the Applicant as an Engineer (Software). The POE denied this application because the Applicant did not possess a computer science degree. The IT firm then applied for a TN for the Applicant’s original position under the Computer Systems Analyst classification. The POE did not issue the TN and referred the Applicant to the Pearson PFI. The PFI would not overrule the POE’s decision to refuse to issue a TN. The Applicant then hired our firm to evaluate his case for a new job opportunity offered by the IT firm.

Our Analysis:

Although originally approved, the IT firm improperly categorized the Applicant’s prior TN applications. Although the Applicant’s job duties did involve some computer work, his principle job duties more properly fell under the occupation of an Economist. The Applicant utilizes sophisticated software programs, such as Statistical Analysis System (“SAS”) programs, to perform his economic research and analysis. These job duties more properly fall within the scope of an Economist. The Applicant’s work does not involve job duties normally undertaken by a Computer Systems Analyst or Engineer (Software).

How We Obtained an Approval:

We explained to the POE that the IT firm had improperly categorized the previous TN applications under the Computer Systems Analyst and Engineer (Software) TN categories. While the Applicant’s work did involve some computer work, his principle duties were those of an Economist.

We explained that the Applicant had a new job offer for a position that also fell under the Economist occupational category. We outlined that the Applicant qualified for this TN category based on his possession of a Master of Science degree in Economics and his over twelve years experience providing economic research and analysis in the healthcare and financial industries.