TN denied for wrong category, but employer offered different position which would qualify in different category. Could I apply again with success?

Minoh

New Member
I was offered a job last fall at a small organization in the US. Being very naive about the process of obtaining a visa to work in the US, I called a border crossing to request information about how to ensure I follow the correct steps. My job offer was related to teaching and working with middle school students. The Officer mistakenly informed me that as a teacher, I could apply for a TN Visa in the "Teacher" category. He listed the documentation to put together for my application. Needless to say, when I went to the border 2 months ago, I was denied the visa because "Teacher" applies only at the university level, which did not apply in my case.

I take full responsibility for just assuming that what the Officer had told me was correct and not confirming the details of the category. Though I read up about TN Visas and the process, I did not scrutinize the "Teacher" definition, which was a mistake.

Since then, the same employer has said that they would like to hire me for a different position. My skillset is vast and my degrees/experience would allow me to work in numerous areas, and this employer would like to have my on staff. Working with this organization in any capacity would be a wonderful opportunity for me. They would hire me as a "Biologist" and the job description aligns well with those outlined in the requirements, and with my own degrees, experience and background.

Of course, I'm very concerned about being denied again. The first denial was appropriate, given the circumstances, but caused myself and my family a great deal of grief. Is it frowned upon to reapply with a different category and job? Or is it possible to be granted a TN in this case?

Thank you for any insights, I really appreciate the help!
 

nelsona

Registered Users (C)
As long as the job and your credentials qualify, you can always apply for a TN. Just be businesslike at the border, and not talk much.
 

Minoh

New Member
As long as the job and your credentials qualify, you can always apply for a TN. Just be businesslike at the border, and not talk much.
I really, really appreciate your reply! I've been so uncertain as to whether a different position with the same employer would be ok. It is a relief to hear that it could work out.

I tend to overshare so will speak as little as necessary.

Thank you again!
 

simonnus

Member
I really, really appreciate your reply! I've been so uncertain as to whether a different position with the same employer would be ok. It is a relief to hear that it could work out.

I tend to overshare so will speak as little as necessary.

Thank you again!
Try to do it at a different entry point if you are not confident.
 

nelsona

Registered Users (C)
This would not be advisable. Port shopping (looking for a more friendly entry point) is visible in their system and ALWAYS make you more vulnerable for closer scrutiny.
 

Minoh

New Member
@nelsona I do have another question. I was hoping to head to the border in just a few days. Do I need to have an original Letter of Employment with signature, or can it be a printout of an emailed version? My prospective employer has sent it in the mail, but the job is set to begin in a week and the letter may not be here in time to allow me to get there in advance.
 

nelsona

Registered Users (C)
If it is a PDF of the original, that should be acceptable. But if it isn;t, what other option do you have at this point. Fedex should be fast enough, no?
 

Minoh

New Member
If it is a PDF of the original, that should be acceptable. But if it isn;t, what other option do you have at this point. Fedex should be fast enough, no?
Ok, thank you. I hadn't realised that today is a holiday in the US so am worried that it will get delayed and not make it. I'm crossing my fingers that it will be here in time.
 
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