Can I use my bachelor degree in electrical engineering to apply for TN status for a software engineer internship?

bluecity

New Member
Background: Canadians and hold a completed bachelor degree in electrical engineering from U of Toronto in Canada. Currently on TD status (so can't work in the U.S using TD) and living in the US with my spouse (who's on TN status).

Question: If I am doing an online US master degree (being online means not providing F-1 status/visa) in Computer Science or Software Engineering, can I use my bachelor degree in electrical engineering as my credential to apply for TN status for internship (say a typical SWE intern position in Amazon and the likes) in the States - possibly using the Engineer category (more successes than CSA from my research on the forum based on my background)? I understand I would need to go out of U.S and re-apply with a change of status at the border, and have the company lawyer/HR write a good TN letter? Curious on how would the lawyer write this typically?

I guess my question is more on if one can use TN status for an internship position given the bachelor degree requirement might be already fulfilled while enrolled in a related master degree program.

Electrical engineering for a software engineer position doesn't seem to be an issue usually if well prepared.

Thanks all!
 
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THis would not be an internship, it would be a real job, which you already qualify for TN with your degree.
 
THis would not be an internship, it would be a real job, which you already qualify for TN with your degree.
Thanks Nelsona for your reply!

Do you mean it would work then? I understand you are saying then one would just go applying as a real job. However, the job posting technically would say it's an internship/co-op but I guess that doesn't matter as long as TN letter from the company describes the nature of professional work correctly, matching to the already obtained degree?
 
Tn id for work. Any qualified work. Internships (for foreigners) is usually part of OPT (which you don't qualify for, and don't need at this point). So you are simply applying for a job. They can determine the conditions.
 
Tn id for work. Any qualified work. Internships (for foreigners) is usually part of OPT (which you don't qualify for, and don't need at this point). So you are simply applying for a job. They can determine the conditions.
Thanks again! Understood what you said here. I am just applying for a job *for TN status* purpose even though the job is an internship on paper.

I read the related clause here:

"(4) Fellows/Interns: A TN visa can be issued for fellowships or internships only if the duties reflect a position that is truly at a professional level. If the applicant is seeking to work in a lesser capacity such as trainee or intern, in the sense of being a true novice, and therefore is not in fact working in the position listed in Appendix 2 of Annex 16-A, it is correct to refuse the applicant 214b. However, the application should not be refused solely because the title is "intern" if the duties are in fact at a professional level."

"a. In 8 CFR 214.6(c), “business activity at a professional level” is defined as “those undertakings which require that, for successful completion, the individual has at least a baccalaureate degree or appropriate credentials demonstrating status as a professional in a profession set forth in Appendix 2 of Annex 16-A.” Applying this language is very straightforward when the applicant is a professional who intends to do the basic work of a profession in the United States (e.g., an architect who goes to work as an architect)"


So CBP should not reject one just because the title has intern in there.

I guess the convincing is more with the hiring company (or their lawyer) that TN can match & work in my case for the position since most of these intern jobs are indeed at professional level.
 
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