TN Visa 2x Withdrawn and Looking for Next Viable Steps to Take

S

SGDC

New Member
Hello! I applied for a TN visa at the Calgary POE last January under the Scientific Technologist category with a position title of Quality Assurance Technologist and my application was withdrawn by the CBP officer with the reason that I was over qualified for the position and my manager's credentials were not attached in the package. I have a BS degree in Food Technology and my previous employments are mostly in a management roles. The CBP officer noted that the job descriptions of the job sent by my employer has keywords of 'managing' and that resulted to her rejecting my application.

My employer's lawyer revised my TN application package and this time changed my position title to Food Scientist/ Technologist (Agriculturist category) with a very detailed explanation on how my position is related to the Agriculture category. I tried the second time around in the same POE and again they rejected my application with the reason that my degree is not accepted although it was assessed by Silvergate. They said they do not accept Silvergate's assessment for my degree.

My question is, will I get a better chance to get approved for TN visa if I get a pre-approval from USCIS? Will I be scrutinized again at the POE when I present the documents to them at pre-boarding? What are the chances that I will get banned in entering the US if I am again deemed inadmissible at the POE? Thank you for all your inputs!
 
You ahd better simply address the POE concerns and try again. In 10 years here I never heard of Silvergate. Try WES or UofT.

Their denials are legitimate, but so are your attempts, so there is no risk of you being barred from entry.

A USCIS petition will be scrutinized at the border, so why bother. Simply fix and retry.
 
Thank you for the response @nelsona, appreciate it! Yes, I really feel that I would have had a good chance if the lawyer just stick to the first category and just fix the points that the officer pointed out. The company is redoing the TN visa application package for me but I still have doubts. Three strikes will be very bad for my record so I want to make sure that everything is well prepared this time. Do you think there is a cooling off period in between applications from the last visa withdrawal? If yes, how long after should I try again? Thank you!
 
SGDC said:
Hello! I applied for a TN visa at the Calgary POE last January under the Scientific Technologist category with a position title of Quality Assurance Technologist and my application was withdrawn by the CBP officer with the reason that I was over qualified for the position and my manager's credentials were not attached in the package. I have a BS degree in Food Technology and my previous employments are mostly in a management roles. The CBP officer noted that the job descriptions of the job sent by my employer has keywords of 'managing' and that resulted to her rejecting my application.

My employer's lawyer revised my TN application package and this time changed my position title to Food Scientist/ Technologist (Agriculturist category) with a very detailed explanation on how my position is related to the Agriculture category. I tried the second time around in the same POE and again they rejected my application with the reason that my degree is not accepted although it was assessed by Silvergate. They said they do not accept Silvergate's assessment for my degree.

My question is, will I get a better chance to get approved for TN visa if I get a pre-approval from USCIS? Will I be scrutinized again at the POE when I present the documents to them at pre-boarding? What are the chances that I will get banned in entering the US if I am again deemed inadmissible at the POE? Thank you for all your inputs! Enjoy a blend of modern and traditional living with stunning real estate options. Buy apartments in Lebanon and choose from vibrant city life or peaceful coastal retreats. From Beirut’s bustling neighborhoods to serene suburbs, find a home that suits your lifestyle. Benefit from excellent amenities, breathtaking views, and strong investment potential. Secure your dream property in one of the Middle East’s most dynamic locations.
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Getting USCIS pre-approval may improve your chances, but CBP officers at the POE still have discretion to review your case. If pre-approved, scrutiny may be lower, but your degree and job title must align with TN requirements. Repeated denials increase the risk of an expedited removal order, which could lead to a ban. Given two prior rejections, consulting an immigration attorney and possibly trying a different POE may be your best approach.
 
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