TN Visa Requirements Question

[shlant 0]

Hello!

I am currently looking for work in the US as a Canadian Citizen and I am in a really bad position where I need to try and find out if I qualify for TN status ASAP. Right now, my only concern is the 3 years experience.

I would be applying for the visa as a Computer Systems Analyst (NAFTA). I have a 2 year diploma in Computer Systems. I also technically have just over 3 years experience, but I'm not sure if it all qualifies. Here is my employment history:

-Summer Student (client services centre) - May 3 - Aug 21 2009

-Temporary Client Services Centre Analyst - May 10 - Sept 2 2010

-Technical Support Analyst - Jan 5 2011 - Aug 27, 2013

In total I count 41 months so I have 3 years even if they don't count my summer internship (not sure why they wouldn't).

My new job title would be something like "Linux Systems Administrator" or "Jr Technical Operations Engineer".

Is my previous experience enough to satisfy the 3 years requirement? Does the new title really matter as long as the job description is in line with Computer Systems Analyst?

Any help is greatly appreciated!

NOTE: I am currently in contact with a immigration lawyer, but can't really move forward with getting their advice until I have an offer. I am in a sticky situation with other offers in Canada so I need to know whether TN status is even an option.

[canadian_wife 1,829]

TN is an option depending on the job offer and the qualifications. Does the job for a TN need to have a 'degree' or a 'diploma'?

What concerns me is your experience as a summer student as students don't really carry full workloads or responsibilities. It will really be up to the NAFTA officer at the POE

good luck

Edited December 5, 2013 by canadian_wife

[shlant 0]

@canadian_wife under the "Computer System Analyst" category, I require a "Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma³ or Post-Secondary Certificate⁴, and three years experience."

I have a 2 year diploma in the field at an accredited institution so that's fine. I'm more concerned with the details of the experience. Even if they don't recognize the first "Summer Student" position, I count 37 months. Would that be enough to satisfy the requirement? It's so close to the cut-off but still technically correct, right?

And for the past and future job titles, are the responsibilities of the positions more relevant than the actual titles? I know that for the job offer title, something like System Administrator works, but is most of it up to the Border Officer?

Basically I am trying to find out if it's worth it for me to be pursuing jobs in the US as I'm not sure if I even qualify for TN status.

[canadian_wife 1,829]

Have you tried calling a POE (or the POE you'd actually cross at) to discuss this with the NAFTA officer? When I was considering a TN visa they were really helpful as to what was exactly needed.

But in the end, it is always up to the officer

good luck

[jan22 3,069]

@canadian_wife under the "Computer System Analyst" category, I require a "Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma³ or Post-Secondary Certificate⁴, and three years experience."

I have a 2 year diploma in the field at an accredited institution so that's fine. I'm more concerned with the details of the experience. Even if they don't recognize the first "Summer Student" position, I count 37 months. Would that be enough to satisfy the requirement? It's so close to the cut-off but still technically correct, right?

And for the past and future job titles, are the responsibilities of the positions more relevant than the actual titles? I know that for the job offer title, something like System Administrator works, but is most of it up to the Border Officer?

Basically I am trying to find out if it's worth it for me to be pursuing jobs in the US as I'm not sure if I even qualify for TN status.

I doubt they would count the summer internship -- since you were still a student, in their eyes you were not a fully qualified employee who, therefore, met all of the job requirements for TN purposes.

Sorry, but without that I don't see 3 years experience. They don't count any month in which you worked as a complete month -- only the part of the month when you actually worked counts. You appear to only have about 35 months, if I calculate right:

May 10 to August 10, 2010: 3 months

August 11 to Sept 2: 22 days

Jan 5, 2011 to Jan 5, 2013: 24 months

Jan 6, 2013 to Aug 6, 2013: 7 months

Aug 7 to Aug 27, 2013: 20 days

This all adds up to about 35.5 months (34 months 42 days, so using 31 day months = 35 months, 11 days). Another way to calculate would be to convert it all to days worked (with the 2010 period being 115 days and the 2011 to 2013 period being 965 days. Add them divide by 365, and the total years worked is 2.96 -- less than the 3 years required. So, seems like you would need to work in the field in Canada for a while longer to qualify.