TN Visa Approval – Physicist Despite Two Prior Denials

Prior History:

The Applicant applied for his first TN at the Pearson PFI. The job offer involved the design, development, and manufacturing of high precision aspheres (optical components such as lenses or mirrors). The Applicant possessed a degree in Physics. His application materials did not indicate a specific TN occupational category. Upon the recommendation of the inspecting officer, the Applicant filed under the Engineer TN category. Pearson approved the application. The Applicant received a second TN for the same position under the Engineer category.

The Applicant applied for a third TN for the same position at the Peace Bridge POE. The inspecting officer denied the TN contending that the Applicant did not qualify for the Engineer category based on his Physics degree. The officer stated that he could obtain an approval for the TN under the Scientific Technician category. The Applicant then applied for a TN under the Scientific Technician category at the Pearson PFI. The officer refused to issue a TN under this category stating that the Applicant was over qualified for this occupational category. The officer suggested that he file under the Physicist category.

Our Analysis:

Upon our review of this case, we agreed with the recommendation of the Pearson officer. We believed we could rehabilitate the TN application as well. The Applicant’s prior denials may all be attributed to following the advice of U.S. immigration officials. The merits of the case were also strong. The job duties involved in this position more properly fell under the Physicist category and the Applicant qualified for a TN under this category based on his bachelor’s degree in Physics and twelve years of related experience.

Prior History:

In addition to the basic TN application materials, we prepared a detailed cover letter to CBP explaining that optical research and analysis work involved in the design, development, and manufacturing of aspheres fell within the scope of a Physicist. We supported our argument with materials from the Occupational Outlook Handbook, which provided that Physicists specialize in the field of optics and apply their knowledge of physics to the research and development of optical devices. We also submitted industry research and scientific journals providing that Physicists work in the field of optics and apply the principles of physics in the development and production of aspheric components.