TN Visa Approval for Scientific Tech – Software Engineer. Previously Denied.

Job Offer:

TN Visa Applicant would provide technical sales, engineering, designing, and technical support with respect to the company’s customized Business Service Management (BSM) software and IT solutions.

Prior History:

The Applicant presented this application under the Management Consultant classification at the Rainbow POE. The inspecting officer properly denied the application because the position offered did not fall under the Management Consultant category. The position offered exceeded the purely advisory, passive consulting services permitted under the Management Consultant category. Instead the job involved an active, engaging role in the development and customization of software and IT solutions.

Our Analysis:

The position offered did fall under the Scientific Technician–Software Engineer category. The proposed duties were consistent with those of a Scientific Technician–Software Engineer. The Applicant satisfied the NAFTA requirements for TN visa status as a Scientific Technician–Software Engineer. He possessed Information Technology Infrastructure Library (ITIL) certification and significant relevant experience. The Applicant also would work in support of and under the supervision of the VP of Sales and Engineering, who held a Bachelor of Science degree in Business Information Systems.

How We Obtained an Approval:

We explained to the POE that the employer had improperly categorized the previous TN application under the Management Consultant category. The position offered fell under the Scientific Technician–Software Engineer category and the Applicant satisfied the requirements for TN visa status as a Scientific Technician–Software Engineer based on his ITIL certification and eight years of experience in the technical sales, engineering, design, development, and troubleshooting of Business Service Management software and IT solutions.