TN visa for "Software Engineering/Data Science Manager"


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Hi, I am a Canadian citizen looking to move to the US on a TN visa.

Is TN visa possible for people manager roles in the computer science/analyst field where the job responsibilities are a mix of people management and technical supervision of software engineering work of other engineers? 

Specifically, is it possible to get a TN visa if I have a job offer for a "Software Engineering Manager/Director" or a "Data Science Manager/Director" role from a US based company? 

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  • 2 weeks later...

TN visas are available for USMCA professionals who undertake “business activity at a professional level.” Such “business activity” is limited to a list of specifically enumerated USMCA professions which require an individual to complete at least a baccalaureate degree and / or other appropriate credentials.

Managers may qualify for TN visas if the applicant can demonstrate that the management position requires professional-level knowledge to meet the job requirements (e.g., an architect who uses professional expertise to supervise other architects, even if the supervisor is not directly engaged in the work).  However, a supervisory position that is largely administrative (e.g., ensuring compliance with company regulations and policies) and would not require the same professional credentialing as workers in the professional occupation may not meet the requirements for a TN visa. 

Every case is different. Therefore, prior to taking any specific action it is advisable to speak with an experienced U.S. immigration attorney as there are nuances to any situation and approach.

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