BACKGROUND:

• The applicant, a citizen of Canada, was offered a Communications & Media Associate position where she would be responsible for the design and development of the graphics, and related visual elements for internal and external communications.

• The applicant possessed a Bachelor of Fine Arts degree.

SOLUTION:

• Whenever an applicant has a job title that does not directly match the TN category, U.S. immigration will more closely scrutinize whether the position qualifies for a TN visa. Such cases can often be denied.

• In order to establish eligibility, I prepared a draft employer support letter and legal memo to explain and document how the job offered was consistent with a Graphic Designer role as defined by the Occupational Outlook Handbook.

• Another challenge to this case was establishing that the Applicant met the educational requirements for the TN Graphic Designer category. U.S. immigration officers will often require a degree in the TN occupational category, or may be willing to accept a related degree.

• I explained in the employer support letter and in a legal memo how the Applicant’s degree in Fine Arts was related to the Graphic Designer profession. I also included supporting research showing that such a degree was applicable to the Graphic Designer occupation.

FILING PROCESS:

• The applicant presented the application at the U.S. port-of-entry in Buffalo, NY, which approved the application same day, and issued a 3-year I-94 record.

Statements regarding prior application approvals our office has obtained are provided for informational purposes only. Prior results do not guarantee a similar outcome.