TN Visa Approval by USCIS- Software Engineer with Computer Science Degree

BACKGROUND:    

• The applicant, a citizen of Canada attending school in the U.S. under F-1 visa status, was offered a Software Engineer position involving the development of a platform used for data analytics.

• The applicant possessed multiple degrees in Computer Science.

SOLUTION:    

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

• Prior to filing, USCIS had published its TN visa policy manual, which included restrictive language on the educational requirements for Software Engineers: “An engineer may not fill computer-related jobs unless he or she has credentials as a computer or software engineer in a bona fide engineering specialty offering full engineering credentials, such as professional engineering licenses.”

• In order to minimize potential challenges from USCIS on this issue, in my submission packet to USCIS I included documentation showing that the applicant’s Computer Science degree program was part of the university’s School of Engineering. I also included research from the Occupational Outlook Handbook (OOH) showing that an individual who possesses a degree in Computer Science qualifies to work in a Software Engineer position.

FILING PROCESS:    

• We filed an I-129 petition with USCIS requesting a change of status to TN visa status using premium processing.

• USCIS approved the petition for a 3-year period without the issuance of a Request for Evidence (RFE).

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