TN visa denied by USCIS after formerly approving

Hello during these difficult times...

I want to share my story and seek some advice, if possible. I am a Canadian who moved to the USA in 2014 on an F-1 visa to complete a Masters Degree. After 3 years on OPT, my employer petitioned for a TN visa for me in March of 2019 under the Computer Systems Analyst category. While an RFE was issued, it was eventually approved and I went on to work on this TN visa.

In October 2019, I received a job offer from another company. This is where I'll admit I was overly naive by searching the web and finding that it would be easy to transfer to a new employer on a TN visa, so long as you are maintaining the same category (Computer Systems Analyst). My new employer said they would take care of filing the I-129 on my behalf through USCIS with premium processing. It was submitted so that a response should arrive just before my scheduled start date. I packed my bags and moved across the country to begin work.

Then I learned that an RFE was issued. USCIS questioned the relatedness of my degrees with my job duties, even though the job duties were very similar to my previous job. I sat by for 3 months and collaborated with the attorneys while they crafted an RFE, which came back today as a denial. I cannot understand how in March 2019, the visa was approved under the same category and with the same educational background, but in March 2020, it was denied.

I am wondering if anyone has any advice or insight about my situation. Is it possible for me to reapply at the border (once the coronavirus situation settles down?) Could I submit a motion to reopen based on the precedence that I was previously issued the same visa? I'm at a loss for what to do, and fear having to give up my dream job because of this.

Thanks so much for reading and for your advice.


Registered Users (C)
You can always reapply at border if you have a viable case, regardless of previous denial. The simple answer that USCIS will give is that you were wrongly approved last time. Google appealing I-129 denial.