Job offer, TN status as Scientific Technician - Software Engineer

T

TracyB

Registered Users (C)
I've received an offer, I will be working with a Software Engineer helping to gather requirements, write technical specs, write documentation, maintain software, write reports, etc. I tried on Wednesday to get TN status under the Scientific Technician category as being in support of a Software Engineer, but the border guard said it was the wrong category and I should be a Computer Systems Analyst. He also said I was documentation deficient (I had lost my diploma, hopefully getting it today along with a transcript), and he recommended me to go to a different POE to see a NAFTA specialist officer.

After talking with my employer further on the matter, we both agree that the SciTech is still the right place for it as the duties match more closely with Software Engineer than with Computer Systems Analyst, and I will be working closely with a Software Engineer aiding them in design and development.

Does it make sense to write a letter to go along with my application to explain why we believe it's still the right category, especially considering the officer I spoke with admitted having little to no knowledge of TN status?
 
Just go to the NAFTA specialist with proper documentation. This sounds like textbook SciTech.

If your firm thinks they need to beef up the actual TN letter (which I doubt), then beef up the letter, don't add a second explanatory letter.
 
Thanks, that makes me feel a little more confident. I'm just worried cause I was already denied once. Fingers crossed it will go well tomorrow.
 
Well, my application was denied. The officer at the border said that I was just trying to take an end run around the fact that I had no education (I have a 1 year diploma from a vocational school). He said that even with the programming in the position, I should be going under Computer Systems Analyst and that he couldn't let me in under SciTech. Part of his problem seemed to be the salary - a couple of times he mentioned "It's not like this is a $30k a year job." He also commented that you only need high school to be a web developer and "what do you do? HTML?"

Is there anything I can do about this? He said the only way I could get in was to get a 2 year diploma and come back as a Computer Systems Analyst (which I had thought I would be refused under in any case cause of the amount of programming in the position)
 
SciTech is always used by those who don't qualify for other TN categories. So what? if you, the job, and your supervisor all meet the criteria for SciTech, then it should be awarded. The POE officers are not there to be guidance counselors.

It appears his reasons for refusing you were too much programming in the job and too low salary. he may also feel that you are not actually working in support of your supervisor, and that your supervisor may not be a professional, which isa requirement.

Can you fix these issues. If not, you are not going to get a TN anytime soon.
 
you have to apply for her - and since you have made mistakes and screwed things up - you will be seperated for a while - no way around it.
 
Well, he mostly seemed to think that the pay was too high, and he said that I wasn't assisting in an "Engineering" capacity because I wouldn't be (for instance) Computer Engineering, he thought Software Engineering didn't sound like the right thing.

He said get more education and apply under Computer Systems Analyst, cause in his opinion I was just trying to do an end run around not having enough education.

Would there be a point to my applying again? This company is willing to work with me on job descriptions etc to try and get me there. If they can't get me there, they still intend to employ me as either a full-time contractor, or an outright employee in Canada.
 
Not from what you describe. Your supervisor's job does not sound like it qualifies to have a SciTech TN working for him. You don't qualify for any other TN category, becuaseyou do not have a 2-year post secondary dimploma.

Work for them in canada (eithr as contractor or employee) and get that 2-year diploma.
 
How would he not qualify to have a scitech? I ask out of pure curiosity, as I would like to know as much as possible about this process in case I ever go through it again. I am currently looking into ways to expedite a 2 year diploma and may be able to get credit for up to 75% of the courses in the diploma from previous education/work experience, so that's looking like my best option at the moment.

The other thing that worries me, however, is that everywhere online I read that a Computer Systems Analyst cannot have more than 20% programming duties, but the CBP officer told me that they have a lot of latitude there and understand CSA can equal programmer. This goes directly contrary to all the experiences I've read online?

At this point I'm just happy that the company wants to work with me as a tele-commuter. It would be nice to be able to work for them at their office, but if it's not possible, it's not possible.

What's the policy on traveling from Canada to the US for business meetings and training? Do I need a special status for that?
 
Frankly, as the officer said, the job he does doesn't qualify as needing support from a scitech. It is neither science nor engineering.

Programming is out. Sometimes CBP officers like to lay a trap.

Your diploma MUST be a 2-year equivalent.

You would enter on B1 business status for meetings and training ONLY.
 
Me again. I've spoken to a couple different lawyers, both have suggested that I try again and that I shouldn't have been denied in the first place. What are the possible repercussions of trying again at the same or a different POE?
 
Presenting a failed petition again, without making any attempt to address the officers concerns should not be done without concern, since this could be seen as trying to sneak one by. Officers call this port-shopping, and this would be a BIG black mark on your border dossier. I trust none of those lawyers told you to find a differnt POE, or they are obviously not to be trusted.

If you are going to present your original to petition as-is, You present it at the same POE and it should be accompanied by either a lawyer or a lawyer's letter explaining what the officer missed.
 
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This lawyer suggested getting some letters of reference from past employers. I'm not sure if that would really help? I guess my best bet is paying for an actual immigration lawyer to look at my documentation and give me pointers.
 
Do not call yourself an "engineer" if you do not have an engineering degree from an accredited institution. No one or two year program would graduate an "engineer". Some states have very specific statutes as to this matter.
 
I'm not saying I'm an engineer, I'm assisting an engineer. That's what a scientific technician does, assists a scientist or engineer of some kind.
 
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