Help! TN denied

midorirec

Member
I live and work in oakland, having completed 2 tns. I attempted to renew my TN visa today at the Vancouver Airport and was denied, despite having two previous TNs with the same company in the same position. It's under scientific technician-engineering. I'm doing electronic repairs for an A/V company. The officer wanted to see proof that I'm working under an engineer with a degree, so a copy of his degree. I am not working under an engineer with a degree, but the last two times I guess my 3 degrees (associates in electronic engineering, masters in electronic music, bachelor's of arts) were sufficient for the CBP officers. There are no engineers with degrees at my company. Is my only solution to start applying for new jobs and hope I get hired while stuck in Canada? Is there any way I can return home to Oakland temporarily? I assume i cant enter as a visitor/B2 until I can get it straightened out? I'm even considering going back to school and getting another F-1 (i completed one previously before the TNs) but I don't know if my TN denial will affect that. Helpful responses only please as I am extremely stressed right now.
 
Unfortunately, Sci-Tech does require professional supervision. In effect, your supervisor should be able to qualify for a TN.

You got away with this two previous times, but this is correct.

You *might* be allowed entry (temporary) to get your stuff and leave.
You could have your firm try to file I-129 for TN, but that would be a longshot.
 
Thanks nelsona, I know I can always count on you for prompt replies. I'm going to stay with my family in winnipeg until I can figure out something else. I might consult a lawyer but I think I have to either:
1. Try to get another job where I'd be working under an engineer
2. Go back to school in a few months and do another F-1
3. Marry my American girlfriend (seems least feasible since she doesn't make much money and i read that she needs to be able to support both of us?)

My question is: having been denied under this TN, will this impact the likelihood of me getting a new TN with another company? Would getting an F-1 be easier?
Thanks
 
A proper TN application, in which you education and the job match, will not be denied regardless of the past.

Why would you want an F1, if you are wanting to work?
 
@midorirec

marrying US Citizen the sponsorship does ask for affidavit of support -even make less money they cannot deny application for spouse. Maybe check with attorney.

For the TN category you applied ...seems last two times you very lucky...but does you company has owner/manager with atleast bachelors in the TN professional list.

This may help. without that the job as same employer under same duties seems difficult to get TN.
 
Thanks, I may try to go the marriage route eventually but that seems like it will take a while, so for now I'm going to seek a new job and try to get a new TN under an engineer. The F-1 would just be a means to get back into the US, take some classes and be with my girlfriend etc. But yeah I would prefer to work.
 
Another question: how closely do I have to be working under an engineer? For instance, if I work as a technician interpreting drawings that an engineer in another city did, would that be considered working under an engineer or do I need to report directly to him/her? Thanks
 
Ok, thanks for that info. In your opinion, do you think that as a scientific tech with a degree in electronic engineering technology, that I need to be doing work with electronic circuits as defined in the dept of labor handbook? I found a posting for A/V installer, which would be working under an engineer, but I don't know if it's exactly what they want at the border.
 
For Sci-Tech, your degree is not crucial, but your supervisor's is, and that the work you will be doing is really engineering work. Your diploma would serve to show you have the theoretical knowledge to do the engineering work, under supervision.

After that it is up to the offcer.
 
Got it, yeah I guess what's considered engineering work is a little subjective but maybe my focus should be more on manufacturing/product development rather than installation/infrastructure a/v. I read that they want it to be a bidirectional/inter-related working relationship with the engineer where the technician provides feedback to the engineer etc.
 
One more question: Suppose I have two direct supervisors, one is an engineer and one is the lab manager (with no degree), is it ok to have both in the letter, or should I only have them include the engineer?
 
Thanks everyone for your help. I've received a job offer working for an acoustics consulting firm and they've signed my TN letter. The engineer I'm to be working under has a B.S degree in engineering- acoustics and a MS in mechanical engineering but she's having trouble locating her master's (I received the bachelor's). Do you think it's important that I have both degrees or should I just go with the bachelors? As of right now both degrees are mentioned in the TN letter. Leaning towards waiting for the MS.
 
One degree is fine. change the letter if need be, but I wouldn't bother. Go to the border. She is an engineer; that is enough.
 
One final (I hope) question: does the signature on my TN letter need to be original or is a scanned, handwritten signature ok?
 
Another final question (sorry): does the TN letter need a specific employment start date? It says "please issue employment authorization for 3 years" and the letter is dated April 4th, but the start date was to be decided once I got back in the US. (This is mentioned in the regular offer letter).
 
One final (I hope) question: does the signature on my TN letter need to be original or is a scanned, handwritten signature ok?
My TN (Petition) Letter had was a print out with the digital signature, which I received in email.
So both are fine.
 
Another final question (sorry): does the TN letter need a specific employment start date? It says "please issue employment authorization for 3 years" and the letter is dated April 4th, but the start date was to be decided once I got back in the US. (This is mentioned in the regular offer letter).
Start date is required in the Letter. As accordingly you will get the visa.
 
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