TN Visa Approval by USCIS- Software Engineer with Technology Degrees

BACKGROUND:    

• The applicant, a citizen of Canada, was offered a Software Engineer position involving the development of AI solutions used for software development

• The applicant possessed multiple Technology degrees in a non-IT Engineering field.

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 explained and documented that the applicant completed an extensive amount of software engineering-related courses during his Technology degree programs. I also included evidence of the applicant’s prior software engineering experience.

FILING PROCESS:    

• We filed an I-129 petition with USCIS requesting 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.