TN Visa Refusal

[mama800 0]

Hi,

 

Please, I need help and advice. I am a Canadian Citizen and got a job offer in the USA as a Financial Planning Analyst. I went to the USA Port of Entry at the US-Canada border to apply for a TN Status, but unfortunately. I was refused, stating that my job title did not match the list of qualified lists of occupations. My passport was not stamped; the immigration officer only verbally stated it to me and entered some information in their system and advised to speak to my employer to apply for the H1-B Visa for me.

 

I went back to look at the list of occupations, and the closest is an Accountant. My employer is willing to edit my job offer to a Financial Accountant job title and description. That way if I can go back and apply for the TN Visa instead of the H1-B Visa. 

 

Please what steps can I take? I would need any help or advise I can give.

 

Thanks.

[Boiler 45,753]

You are an accountant by profession?

[mama800 0]

Hi,

 

No my profession is Financial Analyst but my employer is willing to update the job title to Accountant as I would also be supporting the accounting team.

 

My degree is a bachelor's (Economics and Business Management); 2. financial Modeling and Valuation Analyst and 3. Business Analysis.

 

 

[Boiler 45,753]

That is going to be your problem how are you going to qualify as an Accountant when you are not?

 

I would expect to be asked for your Accountant qualifications. Seems Canada is the same as UK, Chartered etc.

[appleblossom 2,816]

1 hour ago, mama800 said:

Hi,

 

No my profession is Financial Analyst but my employer is willing to update the job title to Accountant as I would also be supporting the accounting team.

 

My degree is a bachelor's (Economics and Business Management); 2. financial Modeling and Valuation Analyst and 3. Business Analysis.

 

 

I'm surprised your employer is ok with you doing that - surely that's immigration fraud?! You can't claim to be an accountant if you're not. And you would need supporting documents to show you meet the criteria for that occupation. 

 

Is there any other visa option, how about a L1?

Edited August 25, 2023 by appleblossom

[SalishSea 17,980]

1 hour ago, mama800 said:

Hi,

 

Please, I need help and advice. I am a Canadian Citizen and got a job offer in the USA as a Financial Planning Analyst. I went to the USA Port of Entry at the US-Canada border to apply for a TN Status, but unfortunately. I was refused, stating that my job title did not match the list of qualified lists of occupations. My passport was not stamped; the immigration officer only verbally stated it to me and entered some information in their system and advised to speak to my employer to apply for the H1-B Visa for me.

 

I went back to look at the list of occupations, and the closest is an Accountant. My employer is willing to edit my job offer to a Financial Accountant job title and description. That way if I can go back and apply for the TN Visa instead of the H1-B Visa. 

 

Please what steps can I take? I would need any help or advise I can give.

 

Thanks.

You don’t think that CBP will look at their notes when you arrive with a fraudulently contrived job description, which you are not qualified to do?

[nelmagriffin 150]

What about your accounting license?

[Redro 4,611]

20 hours ago, mama800 said:

Hi,

 

Please, I need help and advice. I am a Canadian Citizen and got a job offer in the USA as a Financial Planning Analyst. I went to the USA Port of Entry at the US-Canada border to apply for a TN Status, but unfortunately. I was refused, stating that my job title did not match the list of qualified lists of occupations. My passport was not stamped; the immigration officer only verbally stated it to me and entered some information in their system and advised to speak to my employer to apply for the H1-B Visa for me.

 

I went back to look at the list of occupations, and the closest is an Accountant. My employer is willing to edit my job offer to a Financial Accountant job title and description. That way if I can go back and apply for the TN Visa instead of the H1-B Visa. 

 

Please what steps can I take? I would need any help or advise I can give.

 

Thanks.

Are they actually changing your job responsibilities or are they lying and changing the job description so they don't have to go through the process the immigration officer advised you need to go through to be compliant with the law? 

[Sm1smom 254]

OP - check your inbox. I sent you a link to another immigration forum with a dedicated and active TN sub forum where you can get useful guidance and resources from other folks who are TN visa focused, as against general responses from folks with limited or no understanding of TN visas as they’re navigating other forms of immigration. 

[Boiler 45,753]

10 minutes ago, Sm1smom said:

OP - check your inbox. I sent you a link to another immigration forum with a dedicated and active TN sub forum where you can get useful guidance and resources from other folks who are TN visa focused, as against general responses from folks with limited or no understanding of TN visas as they’re navigating other forms of immigration. 

I certainly do not profess to be an expert but I know the basics. And this one was pretty easy to spot.

 

The odd thing is that neither the Employer or the OP had done any basic research to see if they met the requirements.

 

I think we can safely assume a Lawyer was not involved.

 

To answer one of the other questions are Job Titles/Qualifications massaged to meet the requirements well of course they are but there is only so far you can do that.

[SalishSea 17,980]

2 hours ago, Sm1smom said:

OP - check your inbox. I sent you a link to another immigration forum with a dedicated and active TN sub forum where you can get useful guidance and resources from other folks who are TN visa focused, as against general responses from folks with limited or no understanding of TN visas as they’re navigating other forms of immigration. 

In other words:   VJ TOS prohibits helping people to commit immigration fraud, so here is a forum that has no such rule.

[Sm1smom 254]

VJ is not the holy grail of all things immigration, so what’s wrong with directing someone to another forum that specializes on the issue they’re trying to address without some getting all twisted and bent?  I equally refer folks from this other forum to VJ when it comes to marriage or fiancé based visa questions because I consider those areas to be one of VJ’s strong areas. I believe in guiding folks to where they can best be helped, it really is as simple as that!

[Boiler 45,753]

My suspicion is that there is no way forward on a TN, OP needs to be having a chat with the company lawyer not another forum 

[Mike E 11,741]

All those Canadian software developers getting a TN-1 on a “computer systems analyst” role, which has not existed since the 1970s.

[powerpuff 6,744]

~~ Non-contributive post removed. Post constructively or admin action will be taken - VJ Moderation ~~

Edited August 26, 2023 by powerpuff