Uscis pre approval after being denied at POE

kviev

kviev

New Member
My TN was denied at Toronto airport and was told that I cannot be a engineering manager under the engineer category as I cannot manage anyone under TN visa.

Lawyer says that's not true and the cbp agent is confusing the engineer category with management consultant category. Lawyer applied for uscid pre approval under premium processing which got approved.

Now I am planning to go again in the next week at the same POE. What do you guys think are the chances of getting denied again ?

I have a bachelors and masters in computer science and the job title is system development manager in IT.
 
You should be fine, but why choice do you have? . The problem your lawyer has is insisting on using your job title in your TN letter, when jhe should be using your TN category, and describing your functions.

Denials once you are approved by USCIS are rare, but the border might have the same objections to this internal title, which is why it should be avoided. They will probably see your past denial in the system and be more vigilant.
 
My lawyer was very adamant that what CBP officer said about TN visa that I cannot manage US employees was wrong under the engineer category. He said this restriction was only under management consultant category.

Is he right about this ?
 
You have an approved petition.

The regs state that a person CAN be a manager on TN as long as the position they occupy still requires them to use the skills of that profession. But, as you probably have also experienced, sometimes you work for a boss that has no idea how to do what you do. CBP officers know this. Thus the questions.
 
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