L1B-TN transfer + TN eligibility

C

CANvisaquestions11

New Member
I am currently employed under L1B for Company A in the food industry, my current position with Company A is around business process efficiency/computer system implementation. My degree is in Biochemistry.

Company B has not asked me if I need visa sponsorship yet but has given me an offer. The role at company B is Computer System Analyst in the food industry too, and the job will heavily deal with computer system process design and implementation specific to the food industry.

There are articles online from lawyers on how your degree doesn't have to directly reflect your job description because the Code of Federal Regulations does not directly specify what the degree it has to be in unless it's hotel manager. (Appendix 1603.D.1 to Annex 1603 of the NAFTA. ) I can get letter from current employer to proof my ability to perform at that professional capacity.

However, there are slew of online forums where people have been rejected for the TN because their degree wasn't reflective of their job title.

Can anyone shine light on if TN should be pursued in this case? If not, what other suggestions do you have? Thank you so much in advance!
Any suggestion on how I should transfer from L1B to TN if TN is still applicable?
 
Your degree has to be "closely related" to your TN classification, which, according to you would be CSA, not biochemist. It would be a hard sell to say that your Biochem degree is "closely related" to CSA. A lawyer would likely need to make that argument.

As to any "letters" you could provide, they would be of no value, since "ability to perform" or experience is not a criteria for CSA TN: closely related degree and CSA job description are.

Could you instead be hired as a biochemist? Or you could go for the dreaded Management Consultant classification.
 
Thank you for your response! For the Management Consultant classification, why is it dreaded and what do you anticipate to be the biggest hurdles in my case?
 
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