TN Visa for Software Engineering Position With Mechanical Engineering Degree?

#1
Hey all, I found this forum and I'm really hoping to gain some insight to better understand how to handle my situation.

Some background: I'm a Canadian with an undergraduate degree in mechanical engineering. I'm currently doing a Masters in Electrical and Computer engineering, my research is complete and all I have to do is write my thesis which should take 4-6 months after which I'll recieve my Masters degree.

Due to my experience with the masters, I've been offered employment with a US company. I am due to start June 3rd, and as such I'm looking to get a TN visa. I've worked in the states previously on a TN visa, as a mechanical engineer. I plan to write my thesis while I work.

The title for the job I've been offered is Artificial Intelligence Engineer. I plan to show my transcript and degree from when I had graduated from mechanical engineering, with no reference made whatsoever to the fact that I'm pursuing my masters since as far as I know it isn't relevant due to the fact that I haven't completed it yet.

My concerns are that the border patrol officer may decide that my mechanical engineering degree does not have sufficient overlap with my current job description - it deals heavily in software engineering. I know to stay away from the "programming" buzzword, and in all honesty this job entails using a computer as essentially a more capable calculator to build predictive models rather than programs themselves. On the other hand, if I mention my masters which does overlap significantly with my job responsibilities, I may run into issues with the fact that the degree has not been completed yet and I'd really rather not pass up a good opportunity to hope that another comes up on 6 months when I'm finished.

To complicate matters further, the company's website markets them as a software engineer company providing solutions to computer problems such as computer vision and predictive analysis.

One thing I will say is that I am 100% qualified for the job. I've done a lot of the work that they do both in my masters research and in my spare time/on my own projects. That being said the job is not in any way a "mechanical engineering" job, truthfully no specific degree is necessary to do this work, just a knowledge in statistics and math which are definitely taught in detail during the mechanical engineering track - I'm just not sure that the border officer will see it this way.

Any suggestions at all are very welcomed. Thank you!
 
#3
I don't think you will have an issue, only the border will tell. It's an engineering degree for an engineering job.
I appreciate the response, I guess my hang-up is with the fact that while it's still an engineering job it isn't mechanical engineering which is what my degree is in.
 

nelsona

Registered Users (C)
#4
I realize that -- since you said it at least twice in your initial post. Technically, there is only an Engineering TN category. As I said, you will only know at the border.
 
#6
I have found myself in a similar situation, where I am unsure if I would be granted TN status for a Software Engineering job with a Bachelors degree in Mechanical Engineering. The most discouraging thing I have found is this section from the USCIS Employment Bulletin: NAFTA (2005) :
Engineers may not fill computer-related jobs under TN classification unless they have credentials as computer or software engineers from institutions that recognize computer or software engineering as bona fide engineering specialties offering full engineering credentials, such as professional engineering licenses. Furthermore, the US positions to be filled must require this level of credentials.
 
#7
I have found myself in a similar situation, where I am unsure if I would be granted TN status for a Software Engineering job with a Bachelors degree in Mechanical Engineering. The most discouraging thing I have found is this section from the USCIS Employment Bulletin: NAFTA (2005) :
I saw that as well, I'm confused as to what a "computer-related job" is defined as. For instance, I previously worked on a TN in the US as a mechanical engineer - my day-to-day consisted of CAD, literally Computer Aided Design. This seems pretty "computer-related" to me, nonetheless it qualified. I cannot find any formal definition as to what a "computer-related job" is.
 

nelsona

Registered Users (C)
#8
I believe this is implying that Engineers can't be CSA's unless they have Comp Eng or SW Eng degrees, not the reverse.
 
#10
I have found myself in a similar situation, where I am unsure if I would be granted TN status for a Software Engineering job with a Bachelors degree in Mechanical Engineering. The most discouraging thing I have found is this section from the USCIS Employment Bulletin: NAFTA (2005) :
I am a mech engineer working for procurement/ sourcing function .To qualify for TN visa under engineer whats your thoughts!
 

nelsona

Registered Users (C)
#11
I wouldn't worry. We haven't seen a spate of rejections and that memo was 14 years ago. If your job requires that you be an engineer, you are fine. If not, forget it.
 
#13
I wouldn't worry. We haven't seen a spate of rejections and that memo was 14 years ago. If your job requires that you be an engineer, you are fine. If not, forget it.
Rarely sourcing/ procurement jobs need engineering . In such a case to qualify under management consultant route what is your advice pl..
 
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