TN Visa Status Approval by USCBP- Software Engineer with Computer Science Degree

Written By Brian D. Zuccaro, Esq.

BACKGROUND:    

  • The applicant, a citizen of Canada, was offered a Software Engineer position (Fullstack Engineer) involving the development of an online marketplace platform.

  • The applicant possessed a Bachelor’s degree in Computer Science.

SOLUTION:    

  • One of the challenges to this case was establishing that the applicant met the educational requirements for the TN Engineer category.

  • Earlier this year, USCIS had published its TN visa policy manual, which included restrictive language on the educational requirements for Software Engineers suggesting that only individuals with an engineering degree could qualify for such roles. (This language contradicts the USMCA and the TN visa regulations, which do not restrict eligibility for a TN under the Engineer category to those only with degrees in Engineering.)

  • In order to minimize potential challenges from USCIS on this issue, we explained and documented that the applicant completed an extensive amount of software engineering-related courses during his Computer Science degree program. We also provided the applicant with evidence to show the inspecting officer that a degree in Computer Science was an ideal credential for a Software Engineer position.

FILING PROCESS:    

  • The applicant applied for their TN at the U.S. Pre-flight Inspection office in Calgary.

  • USCBP approved the application for a 3-year period without issue.

Statements regarding prior application approvals our office has obtained are provided for informational purposes only. Prior results do not guarantee a similar outcome.

Brian D. Zuccaro, Esq.
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