November Peace Bridge Recap

Night View of the Peace Bridge

November brought great success at the Peace Bridge for our clients. In each case, our clients and their dependent family members were accompanied by Berardi Immigration Law lawyers to ensure a smooth and stress-free application process. This month we presented many straightforward cases, but also a few complex matters. 

TN Computer Systems Analyst with Differing Degree

The ideal TN application involves a perfect harmony between the applied-for NAFTA occupation, one’s educational credentials, and one’s prospective duties in the U.S. For instance, if an individual is applying for TN status under the NAFTA’s Graphic Designer occupation, the adjudicating officer will be more inclined to issue an approval where the applicant has a Bachelor’s Degree in Graphic Design/Arts and has been engaged by a U.S. employer as a Graphic Designer.

In reality, however, applicants do not usually possess complete confluence of these factors. Oftentimes, one’s degree is not a perfect fit for the prospective job offer, or one’s job title may not perfectly square with the sought-after NAFTA occupation. Wherever a less-than-ideal set of factors is presented, it is the job of the attorney to present a persuasive argument for the client’s underlying eligibility for status.

Our office recently prepared a TN application under the Computer Systems Analyst designation for an applicant with chemistry degrees. In the U.S., she would be responsible for configuring the architecture of complex computer platforms. On the surface, her degrees were not a perfect fit for the NAFTA occupation and her prospective job duties. In support of her eligibility, our firm presented the following points:

    • “Hotel Manager” is the only NAFTA occupation that requires a degree in the actual occupation (Hotel Management) to establish eligibility for TN status;
    • There are certain courses that the applicant completed in her Baccalaureate studies that related to Computer Science;
    • The applicant had substantial professional experience as a Computer Systems Analyst;
    • She has numerous IT certifications; and
    • At the time that the applicant obtained her degrees, there were very few programs available in the Computer Sciences.

These arguments proved very persuasive and the client was quickly approved for TN status as a Computer Systems Analyst.

TN Management Consultant

Last summer, our team helped a client obtain TN status as a Management Consultant for a six-month engagement with a customer in need of his services. Recently, our client was asked to complete a second engagement in the U.S. for a different customer.  The client called our office once more to obtain status for another six-month period so that he could assist this customer.

After speaking with the client, we learned that the client is actually assigned to these U.S. engagements by a U.S. consulting firm that pays him for his services with these end-customers.

The TN regulations allow for two different kinds of sponsors in the Management Consultant category: 1) the end-client will sponsor the consultant for a period long enough to complete a singular project for the end-client; or 2) a consulting company will sponsor the consultant for a three-year period, during which time the consultant will work with a variety of end-customers on a project-by-project basis.

While our firm could have simply helped the client obtain status for another six-month period for this new end-customer, we believed it was in the consultant’s best interest to help him obtain a three-year period of approval via sponsorship by the consulting company. This way, should future engagements arise in the U.S., the client would not have to reapply each time and incur greater legal/government fees.

The client met us once more at the Peace Bridge. After submitting his application, he was quickly approved for a three-year period under the U.S. consulting company’s sponsorship.

If you believe you may be eligible for work authorization in the U.S. or if you seek our attorney’s presence at the Peace Bridge, please contact our office today to set up a consultation.

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