TN Visa rejected twice at Rainbow Bridge

W

winson

New Member
Hi all,
Here is my situation I was working in U.S more than 6yrs and I have changed my employer in the past 3 times I got twice TN at this bridge. Now I got new job I went to get my new TN at this time officer told me the offer letter not really explain what exactly I am going to do so officer request to add more job description on the letter so I went back to the employer and add more description on the letter then I went back to the same border this time new officer was there and she was handling my TN visa. She did not look at my file at all she went directly to the employer website and print out the job posting and explain to me this is not going to qualify for TN visa. According to the job posting this is more like "Management Consulting" so she refuse to give me the visa and send me back to U.S under B2 visa (30 Days).

I applied as a "computer system analyst" under NAFTA list.

At this time what are my option now?
I was thinking about to go to the different border and try it but officer enter it on the system why I got denied so I did not go to any other border to try it.
Please someone tell me what do I have to do at this time to get a TN for this job.

Same or similar time of job I have been doing it all these time and I got TN visa for it without any issue.
This time not sure why they were trying to pull my leg.
Thanks,
Winson.
 
Last edited by a moderator:
Your option is to apply as MC. Past success at getting TN does not mean that (a) that those past decisions were correct, or (b) that this job matches exactly the conditions of CSA.

She evaluated your job posting as non-CSA. So the firm needs to either change the work description, or you need to try another category.
 
nelsona said:
Your option is to apply as MC. Past success at getting TN does not mean that (a) that those past decisions were correct, or (b) that this job matches exactly the conditions of CSA.

She evaluated your job posting as non-CSA. So the firm needs to either change the work description, or you need to try another category.
Click to expand...

Thanks for the quick reply Nelson.
So here is the question.
In order to apply for MC not sure if I have the qualification or degree or experience.
Here is my back ground.
I have an Electrical engineering degree with 6 yrs of IT experience.
I ask the client to change the job description but they said no.


My final question can I go to the different border and apply for TN visa? I am not sure since I got denied twice so if I go to different border they can find out or not.
or Should I hire a lawyer and take care of this process?
Also from your experience should I go to the same border or different border if I got new job in the future?

Thanks,
 
Last edited by a moderator:
You are suggesting port shopping. Doing this gets you denied access from US for any reason.

I',m a firm believer in going to the same port until you fix the problem. Period. Ifd you get another job offer, in the future, choose a diifernt port if you wish. But for this go-round, you are committed to this port.

Would a lawyer be any good if they were questionning your qualifications. But they are saying that the JOB is not CSA. Not much a lawyer can do for you on that. They should be advising the sponsor.
 
nelsona said:
You are suggesting port shopping. Doing this gets you denied access from US for any reason.

I',m a firm believer in going to the same port until you fix the problem. Period. Ifd you get another job offer, in the future, choose a diifernt port if you wish. But for this go-round, you are committed to this port.

Would a lawyer be any good if they were questionning your qualifications. But they are saying that the JOB is not CSA. Not much a lawyer can do for you on that. They should be advising the sponsor.
Click to expand...

Thanks for the detail information Nelson. I will ask my employer if they can sponsor me but for this year I heard H1 visa already over.
So at this point what kind of visa I can go for it since H1 already full for this year?
Thanks,
Winson.
 
nelsona said:
You need to fix your TN. that is your only option at this point. work with your employer
Click to expand...

Thanks Nelson.
I guess that is the only option I have to talk to the employer to see if they can do anything to make it work.

Thanks for ur valuable time and the input.

Winson.
 
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