Just received a RFE for my TN renewal. USCIS states "while the NAFTA does not allow for combination of classifications it does allow for concurrent employment through individual fillings". Then later in the RFE they state that "a TN nonimmigrant cannot hold dual job classifications". I have 2 degrees in different subjects (both are in the list of TN professionals and I am working for a small company that could use BOTH of my degrees). Nowhere can I find information that you cannot hold dual job classifications - or does this mean I must file 2 separate applications/renewals for each separate degree/job duty while working at the same company?
Can I have 2 TN's for the same employer working different jobs/duties?
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CalGreenCard
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From 8 CFR 214.6(c) (https://internationalcenter.umich.edu/sites/default/files/TNList.pdf):
"an applicant seeking admission under this section shall demonstrate business activity at a professional level in one of the professions set forth in Appendix 1603.D.1 to Annex 1603."
Note that it says "one" not "one or more". I think USCIS got it right. Of course as USCIS notes in the RFI and you also note, you could certainly have two concurrent roles and two concurrent TN's, one for each TN classification. That would require, of course, that your employer compensate you separately for each position. You would need to formally hold two separate positions with your employer for this to work, and your HR might or might not be OK with this. You definitely would need to do it this way since USCIS (or CBP when re-entering) could at any time ask for paystubs associated with either or both TN's, and if the funds are intermingled that could be an issue.
One question I have: you say that this is a TN renewal. What does your existing TN look like? Does it currently list just one of the job categories? Or did you manage to get both categories listed in the past but the renewal is being scrutinized more closely this time, as I gather can happen since the new administration took office?
I have renewed this TN several times with the same paperwork. Both positions/job categories are mentioned in the cover letter, however I have only received ONE TN for one of the job categories in the past. I really have never had to think twice about it until now.
As I mentioned, I work for a small company, so we don't really have a "HR department." Nevertheless, I believe getting 2 checks, one for each position, while more work, is a definite possibility. Whatever happened to the "reduction in paperwork act"?
Supposedly, USCIS is sending out 45% more RFE's than in the past so your assumption is correct about the current administration. Don't forget that USCIC changed their mission statement recently and then there is the "buy American, hire American" executive order....
Fortunately, this will be my last TN and then I retire....
Yes, I myself thought that when it says "professional level in one of the professions", that it relates t0 "the professions". As it is possible to have several TN's for different employers, it should be possible to work for the same/one employer under different categories if you qualify- which I do. Well, just to be on the safe side, I think that I will be sending away, with my RFE response, a separate "concurrent" package with the "extra" job title/category.
CalGreenCard
Registered Users (C)
I think in practice if the two fields are somewhat related then getting just one TN listing either the dominant field or the one for which you have been granted a TN in the past should be fine. For example, I have a degree in math and a degree in CS so in theory, during my TN days, could have qualified for either a Mathematician or a Computer Systems Analyst TN. In some jobs I used both skills, but it wouldn't have occurred to me to get two separate TN's. I just got a Computer Systems Analyst TN which was clearly the dominant role. There is definitely some overlap between the two fields and any math I might have done at those jobs clearly fell within that area of overlap.
nelsona
Registered Users (C)
Yeah, there would be a subtle difference when one is working at ONE firm. Once would still have to describe (in full) there primary duties for their position. After all, at my engineering job, I make copies, do spreadsheets, give classes, all of which are non-engineering duties, but are NOT primary duties.
In the end, you may have to pick one.
What 2 categories do you meet?
In the end, you may have to pick one.
What 2 categories do you meet?
I meet Scientific Technician and Accountant. In the RFE USCIC states "that Scientific Technicians should not be admitted to perform job functions that are primarily associated with other job titles." My thinking is that if I send a separate "concurrent" filling for an accountant that I would be covered as I would be doing these job duties as an accountant. Also, I am unsure what they mean by "primarily." Is that 10%, or 20%, or 30% of the time? The Scientific Technician part does take up the majority of my time though.