TN Visa Approval - Statistician (Data Scientist Job, Physics Degree, Previous Denial)

BACKGROUND:    

  • The applicant, a citizen of Canada, had been offered a job as a Data Scientist. He applied for a TN under the Mathematician/Statistician TN category. The application he prepared was denied by USCBP because the officer did not think the job qualified for a TN. 
  • I reviewed the position offered, and although the job title did not exactly match the TN visa category, based on the position’s job duties and supporting research, I believed the position could be classified under the Statistician TN category.
  • Additionally, while the applicant did not possess a degree in Statistics, I believed that he still could qualify under the Statistician TN visa category.

TN CATEGORY:    

  • Statistician

JOB TITLE / DUTIES:    

  • As the Data Scientist job title was not indicative of a Statistician role, in my cover letter to USCBP I described how Statisticians work in these types of roles, and I included extensive career and industry publications to support this claim.
  • I also highlighted that Statisticians went by different job titles including Data Scientist and similar variations.

EDUCATION:    

  • The applicant possessed a PhD and Master's degree in Physics. 
  • As with any case where the applicant does not possess a degree directly in the TN occupational category, it was imperative to establish how the applicant qualified under the Statistician TN visa category.
  • To establish eligibility, in my cover letter to USCBP I highlighted the applicant's Statistics and Math-related coursework completed during his degree programs and included his transcripts in the application.
  • I also included evidence of the applicant's post-doctoral training in Data Science, as well as his published research in the field. 
  • I then supplemented the application with research establishing that a degree in Statistics was not required for a Statistician position, and that individuals with degrees in a related field such as Physics could also qualify.

FILING PROCESS:    

  • TN visa status application applied at the U.S. Port-of-Entry in Buffalo, NY

PROCESSING TIME:    

  • Approved same day as filed. 

APPROVAL PERIOD:  

  •  3 years

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