TN Approval for Software Engineer despite Previous Denial

The TN applicant initially presented an application for TN status under the Computer Systems Analyst classification. CBP denied this application because the TN applicant did not possess a Bachelor’s degree in Computer Science. The applicant then retained our services to rehabilitate his TN application. Upon our review of the original TN application and in discussions with the prospective employer, we concluded that the position offered did not properly fall under the Computer Systems Analyst category as that position is defined in the Occupational Outlook Handbook.

The company was a software engineering firm that developed, engineered, and supported a custom software suite for the pharmaceutical industry. An integral component of this software suite was the company’s SQL Server database, which stored customer data and information. The position offered would require the TN applicant to provide software engineering, development and troubleshooting assistance to engineers and IT professionals with respect to the SQL Server database to ensure the functionality and performance of the company’s software solutions.

In our representation of this case, we contended that the job description and job duties fell within the scope of a Scientific Technician – Software Engineer. We successfully argued that the TN applicant qualified for this TN category based on his education and significant experience in the engineering, development, and maintenance of software solutions and database applications.