TN Visa rejected twice

[winson]

Hi All,

I have been working in U.S for 7  yrs with different employers. I never got any problem getting or renew my TN every time. This time I got a new job with slightly different job description when I went to the Rainbow Bridge officer told me my offer letter is too thin which mean lacking of job description he asked me to change it or he wants to see more detail description so I went back to the employer and add more detail to my offer letter. I went back to the same border "Rainbow" Bridge I got denied again by the different office this time why officer search my job posting on the employer website and found out that whatever the job posting is not relevant to my job title as "computer system analyst" so I did not get the TN visa to work for that opening.

At this time what should I do to get my visa?

should I go to different border and try it?

what are my options now?

Please someone help me to get this straight.

Thanks,

[pontevecchio]

Talk to an Immigration Lawyer ASAP.

[t75]

Speak with the employer's attorney to determine the problem. You may not be qualified for a TN

[winson]

Thanks for the reply. I will try to contact the attorney.

[big_M]

In the past, Rainbow Bridge, Niagara Falls has been notoriously consistent in applying case law to the various TN categories. They insist upon a Computer Science degree if you are applying as a CSA and an Engineering degree if applying as an Engineer. They have also been known to deny TN's there if your job duties are not consistent with the definition of a CSA's duties as set out by NAFTA.

 

Consult an attorney to see if your degree is appropriate to be applying as a CSA (Computer Systems Analyst), and that your duties under your job title are consistent with the definition of a CSA's duties under TN. Your degree should be in CS, Mathematics, or IT to apply as a CSA. If you have an Engineering degree and apply as a CSA, certain ports applying case law will deny you. In the past, these are typically the New York ports of entry, Buffalo and Niagara Falls.

 

After two denials, don't attempt a 3rd time without getting a lawyer's guidance on this one as the stakes get higher after each subsequent denial.