TN Visa Approval - Product Manager Under Systems Analyst Category
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.