jorgediazs96
New Member
Hi,
I am a Mexican architect under a TN visa since early 2022, currently working as a Project Manager for a construction company. I successfully renewed my visa last year with the same employer and position. Recently, I accepted a new job and had my employer status updated at the San Ysidro Port of Entry in San Diego without any issues.
However, three months into my new role, a CBP officer at Austin International Airport questioned the validity of my TN visa. He argued that the occupation listed as "Architect" did not match my job description. While he allowed me entry, I have since been sent to secondary inspection at every POE. This has happened three times. Each time, I have shown my offer letter from my new company and have been cleared after a brief wait.
Yesterday, I arrived at San Antonio International Airport and was again sent to secondary inspection. This time, the officer reviewed my file thoroughly and questioned me every few minutes. I carry all my documents when I travel, so I presented my offer letter, the CBP letter from my April employer change, pay stubs, and financial evidence. The officer then asked for documents related to my day-to-day job duties. My main concern is that officers seem to interpret "Architect" as strictly a role that involves drawing plans and designing, which is not entirely reflective of my responsibilities.
After nearly an hour of discussing my role, the officers concluded that I should not be on an Architect TN Visa and suggested I apply for a specialty/consultant role instead. They allowed me entry but issued a 30-day window for me to either clarify my status or request a change with USCIS. From my research, I believe I have three options:
As a Building Design Architect, (my name) will be responsible for overseeing the architectural aspects of the development of the design, production of the construction documents and specifications to be satisfied by a material, design, product, or service. Collaborate with teams on projects, including programming client needs, concept design, design development, and budget/schedule. Develop space planning concepts and generate program documents. Produce accurate technical and contract documentation for construction of project. Produce architectural drawings, review and revise files as noted. Work with consultants, contractors, fabricators, specification writers, and regulatory agencies to meet overall project objectives. Assist in managing client expectations, team communication and consultant coordination. Generating design products including sketches, story boards, modeling, and presentation documents. Assemble contract documents and details, including technical specifications. Participate in detailed site inspections and writing of evaluation reports. Writing proposals and scope of work descriptions for projects.
I am a Mexican architect under a TN visa since early 2022, currently working as a Project Manager for a construction company. I successfully renewed my visa last year with the same employer and position. Recently, I accepted a new job and had my employer status updated at the San Ysidro Port of Entry in San Diego without any issues.
However, three months into my new role, a CBP officer at Austin International Airport questioned the validity of my TN visa. He argued that the occupation listed as "Architect" did not match my job description. While he allowed me entry, I have since been sent to secondary inspection at every POE. This has happened three times. Each time, I have shown my offer letter from my new company and have been cleared after a brief wait.
Yesterday, I arrived at San Antonio International Airport and was again sent to secondary inspection. This time, the officer reviewed my file thoroughly and questioned me every few minutes. I carry all my documents when I travel, so I presented my offer letter, the CBP letter from my April employer change, pay stubs, and financial evidence. The officer then asked for documents related to my day-to-day job duties. My main concern is that officers seem to interpret "Architect" as strictly a role that involves drawing plans and designing, which is not entirely reflective of my responsibilities.
After nearly an hour of discussing my role, the officers concluded that I should not be on an Architect TN Visa and suggested I apply for a specialty/consultant role instead. They allowed me entry but issued a 30-day window for me to either clarify my status or request a change with USCIS. From my research, I believe I have three options:
- Request a change of employment category with USCIS.
- File Form I-129/I-797 with my company to clarify my TN status.
- Re-enter the U.S. through another POE, bringing documentation to support my current visa and request an I-94 extension.
As a Building Design Architect, (my name) will be responsible for overseeing the architectural aspects of the development of the design, production of the construction documents and specifications to be satisfied by a material, design, product, or service. Collaborate with teams on projects, including programming client needs, concept design, design development, and budget/schedule. Develop space planning concepts and generate program documents. Produce accurate technical and contract documentation for construction of project. Produce architectural drawings, review and revise files as noted. Work with consultants, contractors, fabricators, specification writers, and regulatory agencies to meet overall project objectives. Assist in managing client expectations, team communication and consultant coordination. Generating design products including sketches, story boards, modeling, and presentation documents. Assemble contract documents and details, including technical specifications. Participate in detailed site inspections and writing of evaluation reports. Writing proposals and scope of work descriptions for projects.
