Confused over allowed NAFTA Job List for programmer analyst

[btmash]

Hello,

I wanted some clarification regarding the TN Visa Job list. I am a software engineer with a B.Sc. who has primarly worked as a Computer Systems Programmer Analyst according to the definition of a Computer Systems Analyst (I was hired as a systems programmer...but being the only systems person in the company, I was researching, speccing, designing, programming...implementing the software on our systems) on the US Government's department of Labor website. Moreover, the job title for Computer Systems Programmer Analyst is talked about under the definition for Computer Systems Analysts. However, on NAFTA's list of approved TN Job list, the two professions I see that closest match my experience would be Computer Systems Analyst and Engineer (not quite the same title as what I am).

So my questions are:
1) Would I be eligible for a TN Visa on a position that requires a Computer Systems Programmer Analyst?
2) Would I be eligible for a TN Visa on a position that requires a Software Engineer?

The position that I have been accepted for has a fair amount of programming involved - however, I would also be the one responsible for analyzing their systems, workflow, their software applications, speccing out any new software/systems that may be needed and possibly working with programmers to implement the solution.

I had purchased the TN Visa Kit but still had these questions in the end. Any help in clarifying this would be very helpful.

[Steven]

They really don't like programmers, there is no TN-1 classification for it and in the field manual it specifically says that "system analyst" does not include programmers. What it says is that a systems analyst can be expected to do some programming as part of their job but it cannot be a primary focus of it to be in that category.

[btmash]

What about the someone that is a software engineer? I guess, the responsibilities are much more that what is defined to be a programmer.

[Steven]

All the CBP guy is going to do is bring up what I just said on his computer, so your job offer letter needs to make it clear as possible that you fall into the NAFTA category, it's as simple as that really. It does clearly say that programmers are a no-no.

My past experience is that they are pretty savvy when it comes to people coming in as programmers because so many come in as H-1B and L-1B.

This is specifically what it says in their manual:

(H) The computer systems analyst category does not include programmers. A systems analyst is an information specialist who analyzes how data processing can be applied to the specific needs of users and who designs and implements computer-based processing systems. Systems analysts study the organization itself to identify its information needs and design computer systems which meet those needs. Although the systems analyst will do some programming, the TN category has not been expanded to include programmers.

That takes up a pretty substantial section of the page, the only other category that warrants much more than a sentence is Management Consultant which is another tricky category.

You might want to try going in as an engineer if you've got a degree that actually says: "engineer" on it as there is no guidance on that category other than that you've got to have an engineering degree.

[poker420]

this is what i am wondering too.

what if you have a sponsor and job offer, for some kind of job that is not listed under TN or NAFTA and all that crap, and doesnt fit into a category by that? is there ways to still get some type of working visas, that will get you to be able to get ssn . since you have a sponsor and job offer, for whatever it may be?

[Steven]

You go in a different category, like H-1B usually.