TN Approval for Scientific Technician – Software Engineer Despite Prior Denial.

Job Offer:

  • Provide development and troubleshooting assistance and support with respect to the company’s motion capture system and software for the production 3D animated commercials and advertisements.

Prior History:

  • Applicant initially presented a self-prepared application for a TN under the Computer Systems Analyst category. CBP did not adjudicate the application and instead recommended the applicant return to have the application reviewed by the Free Trade Officer.
  • The FTO reviewed a revised application and denied the TN, contending that the applicant did not qualify under the Computer Systems Analyst category. Applicant did not possess a bachelor’s degree and diploma was issued from a non NAFTA party.

Our Analysis:

  • The application did not categorize the position under the proper TN category. The company had recently purchased a motion capture system. The company did not therefore require a Computer Systems Analyst. Instead, the position involved a technician to work in support of software engineers to develop, maintain and troubleshoot the company’s motion capture system and software. These duties more properly fell under the Sci/Tech TN category.

How We Obtained an Approval:

  • Provided evidence that the company had recently purchased its own motion capture system and did not need a Computer Systems Analyst, but instead needed a software engineering technician to provide support with respect to the maintenance, proper functionality, and troubleshooting of this system, its hardware, and software.
  • Provided evidence of the applicant’s software engineering knowledge and ability in the field. This consisted of: a previous experience letter describing software engineering experience in motion capture systems; and highlighting software and technical knowledge gained through the applicant’s Computer Animation diploma program.

Read more about the Sci/Tech TN category.

Read more about the Computer Systems Analyst TN category.

Scientific Technician (Sci / Tech), Software Engineering, Success Stories, Occupations / Job Title, Denials / ViolationsBrian D. Zuccaro, Esq.