NAFTA TN Visa - Scientific Technician / Technologist
Last week, one of the visas I acquired at the U.S. border was a TN visa for a Scientific Technician / Technologist.
This can be a tricky visa category because all but two of the categories of 'activity at a professional level' listed under NAFTA Appendix 1603.D.1 to Annex 1603 require a bachelor's degree. As a result, both the Scientific Technician / Technologist and Management Consultant categories are prone to abuse by ineligible applicants and are therefore scrutinized more heavily by the CBP officers. Fair enough. The CBP officers have a tough job, and deal with a wide array of professionals from a diverse background. Knowing they are awarding a work visa to an eligible candidate is difficult, and the need to respectfully distrust all candidates is part of their daily routine and is serious business.
In order to obtain this type of TN visa, it is necessary to show that the technician / technologist possess: (1) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of these disciplines, or the ability to apply principles of any of these disciplines to basic or applied research.
According to the Inspector's Field Manual, in evaluating whether a person qualifies under this category the following principles should be considered: (a) the person must be providing support to a person who is a professional in one of the named fields; (b) the offer of employment must specifically demonstrate that the work will be inter-related with that of the supervisory professional and that it will therefore be managed, coordinated and reviewed by a professional; (c) the person's theoretical knowledge has been acquired through the successful completion of at least two years of training in a relevant educational program. The training may be documented by presentation of a diploma, a certificate, or a transcript accompanied by evidence of relevant work experience; (d) the Occupational Outlook Handbook will be relied upon to determine whether the job functions are consistent with those of a Scientific Technician / Technologist; (e) persons normally doing work in the construction trades, even if in a specialized industry such as aircraft or power distribution, will not be admitted.
My client is a structural detailing firm that specializes in fabrication and erection drawings for the steel industry. Projects they work on include commercial buildings, bridges and other construction, for which they develop working drawings according to standards set forth by engineers on each project. The employee is an individual with twenty years of detailing experience and certification in Strength of Materials, Mechanics, and Autocad.
Using transcripts and his career log, we presented the request and got embroiled in a lengthy discussion about why the individual was not simply a draftsman, and how the job relates to engineering. We showed evidence that there are engineers on staff at the U.S. company and on each job the U.S. company does, and referred to numerous other sources showing that detailing requires inter-action with engineers to be effective and reactive to modifications. Apparently, this was sufficient to convince the supervisor on duty that the job was in direct support of a professional in engineering, and the visa was awarded.
Not easy, but very rewarding.
This can be a tricky visa category because all but two of the categories of 'activity at a professional level' listed under NAFTA Appendix 1603.D.1 to Annex 1603 require a bachelor's degree. As a result, both the Scientific Technician / Technologist and Management Consultant categories are prone to abuse by ineligible applicants and are therefore scrutinized more heavily by the CBP officers. Fair enough. The CBP officers have a tough job, and deal with a wide array of professionals from a diverse background. Knowing they are awarding a work visa to an eligible candidate is difficult, and the need to respectfully distrust all candidates is part of their daily routine and is serious business.
In order to obtain this type of TN visa, it is necessary to show that the technician / technologist possess: (1) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of these disciplines, or the ability to apply principles of any of these disciplines to basic or applied research.
According to the Inspector's Field Manual, in evaluating whether a person qualifies under this category the following principles should be considered: (a) the person must be providing support to a person who is a professional in one of the named fields; (b) the offer of employment must specifically demonstrate that the work will be inter-related with that of the supervisory professional and that it will therefore be managed, coordinated and reviewed by a professional; (c) the person's theoretical knowledge has been acquired through the successful completion of at least two years of training in a relevant educational program. The training may be documented by presentation of a diploma, a certificate, or a transcript accompanied by evidence of relevant work experience; (d) the Occupational Outlook Handbook will be relied upon to determine whether the job functions are consistent with those of a Scientific Technician / Technologist; (e) persons normally doing work in the construction trades, even if in a specialized industry such as aircraft or power distribution, will not be admitted.
My client is a structural detailing firm that specializes in fabrication and erection drawings for the steel industry. Projects they work on include commercial buildings, bridges and other construction, for which they develop working drawings according to standards set forth by engineers on each project. The employee is an individual with twenty years of detailing experience and certification in Strength of Materials, Mechanics, and Autocad.
Using transcripts and his career log, we presented the request and got embroiled in a lengthy discussion about why the individual was not simply a draftsman, and how the job relates to engineering. We showed evidence that there are engineers on staff at the U.S. company and on each job the U.S. company does, and referred to numerous other sources showing that detailing requires inter-action with engineers to be effective and reactive to modifications. Apparently, this was sufficient to convince the supervisor on duty that the job was in direct support of a professional in engineering, and the visa was awarded.
Not easy, but very rewarding.
Labels: Bellingham, TN Visa Lawyer Seattle, Vancouver
