Have you seen any issues lately with H1-B/TN visas being granted to technical employees who don't have a degree in CS or software engineering?
Additionally, what questions/documents would you recommend people prepare in advance to make their immigration lawyers' lives easier?
(I sent over a lot of documents to the lawyers preparing my application, but they took only a few in my initial TN visa application, and I ended up with a Request For Evidence from USCIS.)
Previous work experience also counts towards H1-B education requirements under the degree equivalence provision. The catch is the three-for-one rule, i.e. you need 6 years of relevant work experience to match a 2 year diploma, 12 years of relevant
work experience to match a 4 year degree, and so on.
I worked for 3 years on a TN visa with no degree of any kind. My job was a Software Engineer, and my TN was classified as a Scientific Technician. This was 2016-2019
Interesting! Thanks for sharing that. What sort of supporting documents did you end up having, to prove that you were supporting "a professional in the scientific field"?
It was a stressful process with a lot of uncertainty. We had to show language that my job was a "supporting role", which is fairly easy to spin if you're not a Senior or Principal. We also needed to provide my direct supervisor's qualifications. I believe they had to have a degree in a CS related field.
To be clear, because of the lack of a bachelor's degree requirement, the Scientific Technician/Technologist category is a red-flag category and such applications in this category oftentimes are denied.
I second this question. Does one need a degree in CS or software engineering to get a TN visa to work in tech, or would a degree in e.g. civil engineering suffice?
It's my second go at getting a TN visa (for Computer Systems Analyst designation) and you don't necessarily need a CS degree, but if you don't have one, you will need at least a two year diploma and three years of experience in the field.
My current TN visa application was held up by USCIS questioning my experience in the field, and the validity of the visa for my new role. (Despite having cleared both last year. Figures.)
I wrote about my first experience [0], if you're curious!
Thank you for the write up. So if I understood it correctly, any B.Sc. degree plus 3 years of Computer Systems Analyst experience would qualify one for Computer Systems Analyst TN?
I am definitely not a lawyer, but am someone who has done multiple TNs.
It is really important to remember that the actual written requirements are one thing, but the interpretation of those requirements by whoever you talk to at your POE are arguably more important.
If you end up with a border officer who believes that your degree is not applicable, or your experience doesn't count, it is unlikely that you are going to be able to change their mind in that moment. NAFTA officers can be better (as the post writer above mentioned), but it still always feels like a bit of a toss-up of whether you get a "good" border agent.
The decision to approve or deny is entirely in the hands of the officer, and I managed to get a NAFTA officer who interpreted the agreement in my favour. It's why so much time and effort goes into the supporting documents.
All excellent responses. One potential work-around which is becoming a better and better option is to file a petition with USCIS rather than apply in the first instance at the "border."
If I recall correctly, a petition can only be filed with USCIS for a TN if the individual in question is already outside of the US.
Ie, if you are currently within the US on a TN, and looking to switch jobs, you can not file for a new status with USCIS; your options are either to leave the country and apply at a POE, or leave the country, and only then petition with USCIS.
Is this incorrect? Can a current TN holder petition USCIS for a new TN while still within the US?
Going through this right now! Applying for a new TN through change of employer (COE) while residing in the US. I was given the option to fly back and forth to apply at the border, but figured this would be the safest (and lowest friction) option.
However, it's been a slow process, especially with having received word of USCIS requesting additional evidence from my first application.
Does that issue you a new TN (with a 3 year term), while maintaining your status with the previous employer, or terminate your status with your previous employer, with validity only matching the previous expiration date?
Additionally, what questions/documents would you recommend people prepare in advance to make their immigration lawyers' lives easier?
(I sent over a lot of documents to the lawyers preparing my application, but they took only a few in my initial TN visa application, and I ended up with a Request For Evidence from USCIS.)