Architecture TN Visa Denied at Land Border

[Bmar]

First time TN-Visa Applicant from Canada here.

I have a background in architecture, a 4-year bachelors degree from Canada and a 3-year Master's Degree from the US, and 4 years of experience working in an architecture office in Canada. I received a job offer for an architecture firm in Philadelphia, and tried to apply for TN status at the Alexandria Bay POE on March 5. I had a TN application letter from my employer with job title, position duties, salary and end date. I also brought the originals of my two degrees.

The officer said they POE took issue with the fact that the job title in the employer letter was "Architectural Staff", even though the letter also specified I was applying under the Architect category and had the proper prior experience and education. He said they could not establish what the roles and duties of someone with that title would be, as it wasnt in the NAFTA list of approved professions. I explained that I would be working as an architect, and that the title was only used by the company to refer to people in architecture (they also have sustainability material research departments) and would not verbally confirm that if I simply asked the company to change the title to "architect", I would be good to go, although his tone and manner implied it.

I am concerned as I was not at all expecting to be denied, and wonder if it is just as easy to make that title change or if I should bring additional documentation or have the letter re-written more thoroughly? I had always thought that the job title did not matter as long as the job description matched the appropriate NAFTA profession.

Attached a copy of the document (the one I brought to the border was a signed original, of course)
Thanks for any advice or insight

 

[help__seeker]

Just change the job title to Architect and re-apply at the border? That was the first suspicious thing I saw - Architecture Staff.
It's like saying... I'm an "Architecture Staff" .. bad grammar.

 

[nelsona]

Or remove the Job title completely. The TN category and the job desription is what matters, not some arbitrary internal company title, which only serves (as you found out) to obscure and confuse.
While they are fixing the letter, you might have them remove references to your qualifications, That is something for YOU to provide evidence at the border. not your employer's attestation. the fact they are offering you a job show they think your qualified.

Question: what covid protocols di you have to follow on entering US as well as returning to Canada. I understand that those who are refused entry do NOT have to submit to testing and quarantining. Is this correct?

 

[Bmar]

Or remove the Job title completely. The TN category and the job desription is what matters, not some arbitrary internal company title, which only serves (as you found out) to obscure and confuse.
While they are fixing the letter, you might have them remove references to your qualifications, That is something for YOU to provide evidence at the border. not your employer's attestation. the fact they are offering you a job show they think your qualified.

Question: what covid protocols di you have to follow on entering US as well as returning to Canada. I understand that those who are refused entry do NOT have to submit to testing and quarantining. Is this correct?

Thanks for this response,

About the Covid Protocols. US Customs didn't even ask for my negative test, although I had one and offered it. Canadian customs asked for the test, called public health about my specific case and determined I had to quarantine even though Canadian rules say you are exempt from this if you stayed in your car the whole time you were at US customs, and were denied entry. Upon returning home I called Canadian Immigration and explained I thought I had been placed in Quarantine in error, they are reviewing the case and hopefully I will have it lifted Monday (takes at least one business day). For the weekend I have to observe quarantine rules.

Thank you for your suggestion of removing the qualifications. I will ask them to do that. Is there anything else you think would benefit to be added to the letter? After (probably too much) online reading, I've noticed some immigration attorneys suggesting things like: short background of the company, short description of my role in the company, and why they need someone with my particular skillset. May be overkill, just trying to make 100% sure what happened yesterday does not repeat again.

Also trying to understand what the difference is between a rejection/withdrawal and a denial? I was not given a denial statement, I was not fingerprinted or anything. The agent who ask me a couple of questions just returned my materials to me to my car, and then another agent escorted me back to Canadian Customs.

 

[ashyas]

Thanks for this response,

About the Covid Protocols. US Customs didn't even ask for my negative test, although I had one and offered it. Canadian customs asked for the test, called public health about my specific case and determined I had to quarantine even though Canadian rules say you are exempt from this if you stayed in your car the whole time you were at US customs, and were denied entry. Upon returning home I called Canadian Immigration and explained I thought I had been placed in Quarantine in error, they are reviewing the case and hopefully I will have it lifted Monday (takes at least one business day). For the weekend I have to observe quarantine rules.

Thank you for your suggestion of removing the qualifications. I will ask them to do that. Is there anything else you think would benefit to be added to the letter? After (probably too much) online reading, I've noticed some immigration attorneys suggesting things like: short background of the company, short description of my role in the company, and why they need someone with my particular skillset. May be overkill, just trying to make 100% sure what happened yesterday does not repeat again.

Also trying to understand what the difference is between a rejection/withdrawal and a denial? I was not given a denial statement, I was not fingerprinted or anything. The agent who ask me a couple of questions just returned my materials to me to my car, and then another agent escorted me back to Canadian Customs.

I would love to hear any new updates about this. I plan to apply for TN visa as well in the future to work in the US (from canada). also have master of architecture degree.