TN Approval for Scientific Technician – Software Engineer Despite Prior Denial
Job Offer:
Provide development and troubleshooting assistance and support with respect to the company’s motion capture system and software for the production 3D animated commercials and advertisements.
Prior History:
Applicant initially presented a self-prepared application for a TN under the Computer Systems Analyst category. CBP did not adjudicate the application and instead recommended the applicant return to have the application reviewed by the Free Trade Officer.
The FTO reviewed a revised application and denied the TN, contending that the applicant did not qualify under the Computer Systems Analyst category. Applicant did not possess a bachelor’s degree and diploma was issued from a non NAFTA party.
Our Analysis:
The application did not categorize the position under the proper TN category. The company had recently purchased a motion capture system. The company did not therefore require a Computer Systems Analyst. Instead, the position involved a technician to work in support of software engineers to develop, maintain and troubleshoot the company’s motion capture system and software. These duties more properly fell under the Sci/Tech TN category.
How We Obtained an Approval:
Explained why the applicant originally filed under the Computer Systems Analyst category.
Provided evidence that the company had recently purchased its own motion capture system and did not need a Computer Systems Analyst, but instead needed a software engineering technician to provide support with respect to the maintenance, proper functionality, and troubleshooting of this system, its hardware, and software.
Provided evidence of the applicant’s software engineering knowledge and ability in the field. This consisted of: a previous experience letter describing software engineering experience in motion capture systems; and highlighting software and technical knowledge gained through the applicant’s Computer Animation diploma program.
Read more about the Sci/Tech TN category.
Read more about the Computer Systems Analyst TN category.