TN Rejection

F

frankrig

New Member
Hello,

I am in a bit of a bind and need some help/advice! I have previously applied and successfully had a TN visa as an Electrical Engineer (the title was Design Engineer). Upon getting a new job, I submitted my TN to the Canadian Customs on my entry into Canada on my last day (since it was about to expire anyways).

Today, I went to the Detroit POE and the customs officer gave me a really difficult time. I have both a Bachelor's and Masters degree in Electrical Engineering and my offer letter stated that I am to be employed as a Computer Vision Engineer (an engineering position that requires an electrical engineering degree). The officer indicated that Computer Vision engineers are not on the list of acceptable jobs and rejected my visa request. He also rejected the request based on the fact that the letter did not state the exact address of where I'd be working - it does have the company's headquarters (in Toronto and New York, NY) but that I'd be working out of Buffalo.

I am trying to work with my new employer on getting a new letter. Since I am to start work soon, I need to move my belongings to Buffalo this week (since I have the help of volunteers willing to help me move the early part of this week).

My questions are:

1. Was the reason for my rejection valid? I looked at all documentation (including the treaty itself), and it only states the occupation of Engineer being valid - it does not distinguish between the different disciplines. Would I be able to re-apply with my current letter (although marked-up by the officer).

2. Since it's the New Year holiday, I won't be able to get the new letter for a few days. Would I be able to move my belongings into my apartment without the visa? Or must I wait? I already have a U-Haul rented since I did not expect this to occur (since I was successfully accepted as a TN in the past)

Any advice/help would be much appreciated! Thank you,

Frank
 
You have to admit, Computer Vision Engineer sounds a bit concocted. your degree is in electrical engineering, your TN letter (which by the sounds of it, you used the job offer letter instead), should state your duties, and make the link as to why an elecrical engineering degree is required. It doesn't matter what the firm calls your position: simplify it for the officers. Have firm write a bona fide TN letter.

The part about where you work is minor. If the firm knows where you will work they should put it, since the officer asked, but it would not have prevented you from getting the tN had your job description been better.

It is unlikely that they will let you in with the U-haul. After all, you don't have TN, and thus even to cross the border on tourist status, you need proof of established Cdn home, not a trailer.
 
Hi,

Thank you for your reply. I actually did use my company's bona-fide TN letter. I believe it was the first one that my company wrote. But in it, it does state that it is in fact my electrical engineering degrees that make it necessary for the Computer Vision Engineering position.

I am attempting to get my employer to re-write the letter - it's just that with the holiday tomorrow, things are getting tight for time. So I guess it would be fruitless to re-apply with the current letter (even though the treaty does only state engineer).
 
Once you have been told to fix soomething, showing back up without even attempting to fix really pisses them off. Drop the Computer Vision lingo on the letter; you are being hired based on your Electrical engineering degree.

As to your timing, and assuming that you would get the TN after making other plans? Lesson taught.
 
As nelsona indirectly mentioned the TN Visa Application Letter's purpose is to explain to the Immigration how your job meets the NAFTA requirements and how you qualify for the TN Visa.

Do not go back with the same letter. Revise it, keep it simple and straightforward.

Understand the TN Visa requirements and work with your employer to ensure the letter has all the information required for the Immigration Officer to clearly see how you qualify for the TN Visa.

Here are some articles to help you:
Common TN Visa Mistakes to Avoid
How to Write a Great TN Visa Application/Employer Letter

Good Luck.
 
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