Submitting additional evidence for job position (I-129 Form)

B

Bamk

New Member
Hi,

I am a Canadian currently working in the states on a TN-1 visa as a scientific technician in Forestry for one year. I am currently in the process of renewing my TN-1 status through the USCIS for an additional two years. I originally got my TN Visa through the U.S. Port of Entry (POE).

This year since I didn't have time to fly back to Canada and go through the POE I decided to submit my renewal application and documents through form I-129. A couple of days ago but I got a letter back from USCIS saying I did not establish sufficient evidence that my position qualifies under NAFTA. Therefore I needed to give them additional evidence.

The first thing they ask for is for me to submit my supervisor's qualifications as a professional that is related to the fields listed in NAFTA.

Then they asked that I submit evidence that my work as a Scientific Technician will be inter-related with that of the supervisory professional and the evidence would need to show that my work as a scientific technician needs to be:

-Managed, coordinated and reviewed by my supervisor
-Provide input to the supervisory's professionals own work

So my question is what evidence do I need to show USCIS? Can it be the following items:

1. For my supervisor's qualification can it be a copy of his degree the same way I submitted evidence for my own qualification by submitting a copy of my degree?

2. For the evidence where I need to show that my work is managed, coordinated, and reviewed by the professional supervisor and that it provides input to my supervisors work. Will a letter written by my supervisor describing my job duties suffice? Although my supervisor did help write a letter for me for the TN renewal, perhaps it wasn't enough information to show the two evidence? Can he simply rewrite a new letter including those two evidence?

Any help or suggestions would be greatly appreciated. I tried to find this information online but I couldn't find anyone with a similar situation. I never had this trouble when I went through the POE to get my TN Visa and I am really worried about this situation.

If you anyone needs additional information please feel free to reply to this thread and I will do my best to provide as much detail as possible.

Thank you!
 
1. Yes. For SciTech TN, think of it as actually applying for a TN for your boss as well as your self.
2. I would have your firm write a new letter outline not only your job, but also the working relationship the supervisor and you will have, but not about his quals. A separate letter/evidence on that issue will do. Or you could just have a letter written that addresses the requests directly, one-by-one.
 
Thank you for your input, although we are still not entirely sure how to write this letter.

Here are some points from our letter. Is this what you meant in outlining my job and working relationship if my supervisor writes something like this (He wrote it from the third person point of view):

The supervisor is responsible for deadlines regarding proposals, publications, and technical services and will assign the tasks to the SciTech TN to complete.

As the head editor the supervisor is responsible for coordinating the schedule of the document’s publication as well as double checking the publication’s final proof. If there are any issues in the final proof that needs work he will provide feedback and ask the SciTech TN to correct it.

The SciTech TN will consult with the supervisor if there are parts of the procedure that needs clarification so that he can convey it to the technicians who have difficulty in understanding the procedures.

Is this somehow in the right direction in describing our working relationship or are we missing something?

Thank you once again, I apologize if this was done incorrectly.
 
Don't you have a time limit to respond to a request for evidence?
I think 2 months is long enough for your firm to have figured this out or consulted a lawyer.
 
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