TN Visa Status as a Computer Engineer

One of the qualifying professions listed under the USMCA (NAFTA) is Engineer. When the profession list was initially drafted, it did not include computer-related engineering professions. In July 2000, the Cronin Memo clarified that computer-related engineering professionals can qualify for TN visa status as Engineers. We discuss TN Visa status for computer engineering professionals under the USMCA and how to qualify here.

What is a Computer Engineer for TN Visa purposes?

According to the US Bureau of Labor Statistics Occupational Outlook Handbook (OOH), several related computer engineering professions exist, including computer hardware engineers, computer network architects, computer programmers, software developers, and computer systems engineers. The duties vary depending on the field of specialization.

How do I qualify for TN Visa status as a Computer Engineer?

You might qualify for TN Visa status as a computer engineer if you meet the following minimum qualifications:

  1. You are a Canadian or Mexican Citizen (Permanent Residents do NOT qualify);
  2. You have a job offer from a US employer or are servicing a contract with a US client;
  3. You will be performing duties consistent with a Computer Engineering profession under the OOH;
  4. You have a Baccalaureate or Licenciatura Degree in computer engineering or a closely related field OR state/provincial license and
  5. You can demonstrate that you have non-immigrant intent, that is, the intent to return to your foreign residence at the end of your temporary employment.

I meet the minimum qualifications. What else do I need to consider?

In addition to meeting the minimum qualifications under the USMCA for the profession of an Engineer, you should also consider:

  • Who should you include? Do you have a spouse and/or children who will be accompanying you? If so, what is required, and when should they apply for their TD status?
  • What to include? Including all the required supporting documents with your TN visa application is important. Does this mean originals or copies? Do you need a resume? Do you need experience letters? These are all important factors that can impact your TN visa application.
  • When to apply?  Timing is an important factor. Will you file in person, by mail, or at a US Consulate? You need to calculate processing times. If you are applying at a US port of entry, you may need to schedule an appointment beforehand.
  • Where to apply? Will you apply at a US port of entry, US consulate, or by mail with USCIS? Which port of entry? Which US consulate? You need to consider where you will be applying and its impact on your TN visa application.
  • Why the TN Visa? Are you coming for a short-term or long-term engagement? Does this position have the potential for permanent employment? Is the TN visa the proper visa for your long-term US immigration goals?

These are some questions you should consider when applying for TN visa status. With proper preparation and guidance, the TN Visa process can be straightforward. However, taken lightly, it can be burdensome and have long-term immigration consequences.

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At Richards and Jurusuk, our legal practice is devoted to U.S. Immigration Laws, focusing on the USCMA and TN Visas. We have helped thousands of qualified professionals successfully obtain TN Visa status to work and live in the United States. Contact us to schedule a consultation with one of our experienced TN visa lawyers to help you with the TN visa application process.

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