CASE STATUS / PROBLEMS:
- The applicant, a native of Mexico, was employed as a management consultant in the United States while holding a valid TN visa.
- The applicant wed a citizen of the US.
METHODS:
Examined the case to determine if status eligibility might be adjusted and to make sure there were no problems with preconceived notions, possible job gaps, travel, or status maintenance.
Reviewed the case in order to evaluate the application for a green card. The applicant should not have any trouble getting the I-130 petition approved because they have enough of proof of the marriage’s validity.
The spouse, a citizen of the United States, made enough money to satisfy the income criteria of the I-864, Affidavit of Support.
FILMING METHOD:
Applying for I-130 and I-485 at USCIS in August 2022
Scheduled Biometrics:
Slated for September of 2022
TRAVEL AUTHORIZATION CARD (EAD/AP) FOR EMPLOYMENT ISSUED:
May 2023 saw the issuance of the Employment Authorization and Advance Parole Document (combo card).
THE LOCATION OF THE INTERVIEW:
Complete case processing at the Washington Field Office of USCIS (Fairfax, VA)
But in November 2023, USCIS granted the applicant’s green card despite not requiring an interview.
Processing time:
Around 15 months following filing
No Request for Documentation (RFE) was made.
Information about previous application approvals that our office has received is given solely for informative reasons. Previous performance does not ensure a repeatable result.
AG LABOR LEADER SAYS IT’S BECOMING HARDER TO APPROOVE TN VISA APPLICATIONS
The head of the National Pork Farmers Council said in an interview with Brownfield Ag News that pork farmers are witnessing a rise in the number of workers’ TN visas being denied.
The interview indicates that the area of concern is whether the suggested employment fits into one of the occupational categories that apply to TN and TN1 visas. This might happen frequently in the agricultural sectors since consular officials could wonder if applicants are really employed in high-level TN jobs rather than performing manual labor jobs that don’t qualify for TN1 visa status. A job offer may not fit within the TN occupational category if certain factors are present, such as a low salary, job titles or duties that are inconsistent with the applicable TN occupation as defined by the Occupational Outlook Handbook, or job sites that may not regularly employ one or more professional workers in the applicable TN occupation.
The increased scrutiny around whether a job offer actually relates to a professional-level TN employment may stem from some recent lawsuits brought by TN visa workers against employers that misrepresented engineering careers to applicants and instead placed them in manual labor positions.
TUNNEL VISA REQUIREMENTS TO WORK IN THE UNITED STATES?
In addition to being a citizen of Canada or Mexico, there are four primary prerequisites for obtaining TN visa classification-based U.S. work authorization:
1. HAVE APPLICABLE JOB OFFER: One of the 63 possible jobs is the subject of the job offer you have.
Problem areas include names that don’t quite correspond to the TN vocation, managerial or executive positions, employment involving sales and marketing, hybrid positions, and positions below the professional level (assistant roles).
Pro Tip: There isn’t a single job category that matches all management consultant positions.
2. HAVE APPROPRIATE CREDENTIALS
You fulfill the standards for that TN category in terms of credentials, which often entail having a bachelor’s degree in the TN vocation or a closely related subject. (There are alternate credential possibilities for some jobs.)
Problem areas: Not having a degree in TN or a closely enough connected discipline.
Pro Tip: How can you tell whether your degree matters? For information on which majors would be eligible for a TN occupation, immigration officials “should” consult the Occupational Outlook Handbook (OOH).
3. TRANSIENT ENTRY
Requirement: You plan to enter the United States temporarily.
Problem areas include past overstays, lengthy stays in the country, and unfiled green card applications.
Pro Tip: Under TN visa status, it can be feasible to apply for a green card later on, even if temporary intent is needed at the time of admission.
4. ABSORB DEPENDENCE
Requirement: You are not traveling to the United States to work for yourself.
Problem Areas: Filing a TN application for a business in which you are the sole proprietor or hold a controlling stake.
Pro Tip: You can have a business or company contract for employment in the United States under TN visa status and be self-employed or a company owner from outside the country.
PRODUCT MANAGER UNDER SYSTEMS ANALYST CATEGORY – TN VISA APPROVAL
- The Canadian citizen who applied was given the opportunity to work remotely as a Product Manager, overseeing the development and operation of a learning management system.
- The candidate held a Business Technology Management bachelor’s degree.
SOLUTION: U.S. immigration will examine whether a position qualifies for a TN visa more closely if the applicant’s work description does not exactly fit the TN category. This is particularly valid for applicants with management job titles. Many immigration officials would contend that since this kind of work entails administrative or managerial responsibilities rather than the execution of hands-on tasks that fall under the TN category, it is not eligible for a TN.
We created a draft employer support letter and legal memo to demonstrate eligibility by outlining how the offered job did not fit the traditional definition of a managerial position—rather, it was in line with the definition of a computer systems analyst role as given by the Occupational Outlook Handbook and other industry resources.
Verifying that the applicant satisfies the educational prerequisites for the TN Computer Systems Analyst category presented another difficulty in this situation. Immigration authorities in the United States may accept a degree that is relevant to the TN occupational category, although they frequently need one. A degree in computer science or information technology is often required by officials hiring computer systems analysts. To prove eligibility, we prepared a legal memo demonstrating that the applicant’s education aligned with the definition of the Computer Systems Analyst profession as stated in the Occupational Outlook Handbook and other industry materials, and we explained in the employer support letter that the applicant had completed a significant number of IT courses.
