BACKGROUND:    

• The applicant, a citizen of Canada, was offered a remote Product Manager position where she would be responsible for the design and product management of a learning management system.

• The applicant possessed a Bachelor’s degree in Business Technology Management.

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. This is especially true when an applicant has a managerial job title. Many immigration officers will argue that such a position does not qualify for a TN because it involves supervisory or administrative duties, and not the performance of hands-on job tasks in the TN category.

• In order to establish eligibility, I prepared a draft employer support letter and legal memo to explain and document how the job offered was not a typical managerial position, and was consistent with a Computer Systems Analyst role as defined by the Occupational Outlook Handbook and other industry materials.

• Another challenge to this case was establishing that the Applicant met the educational requirements for the TN Computer Systems Analyst category. U.S. immigration officers will often require a degree in the TN occupational category, or may be willing to accept a related degree. In Computer Systems Analyst cases many officers will require a degree in Computer Science or IT. In order to establish eligibility, I explained in the employer support letter that the applicant completed a substantial amount of IT courses, and prepared a legal memo showing that the Applicant’s education was consistent with the Computer Systems Analyst profession as defined by the Occupational Outlook Handbook and other industry materials.

FILING PROCESS:    

• The applicant presented the application at the U.S. port-of-entry in Newark, NJ, 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.