NAFTA Requirements for TN as a Computer Systems Analyst.

[bzuccaro]

Definition under NAFTA TN Regulations

To qualify for TN status under NAFTA as a Computer Systems Analyst, an applicant must possess one of the following:

1. Bachelor’s (Baccalaureate) degree;

2. Licenciatura Degree;

3. Post-Secondary Diploma and three years of experience; or

4. Post Secondary Certificate and three years of experience.

See 8 C.F.R. § 214.6 (c).


NAFTA Handbook Description

The legacy INS Manual for NAFTA applications defines a systems analyst as 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. NAFTA Handbook (November 1999). A computer systems analyst studies an organization or business to identify its information needs and designs computer systems to meet those needs.

The NAFTA Handbook specifically excludes computer programmers from the computer systems analyst TN category. NAFTA Handbook (November 1999). However, U.S. immigration officials have retreated some what from this outright exclusion and now realize that a Computer Systems Analyst may undertake a limited amount of computer programming.

Occupational Outlook Handbook Guidance.

A TN applicant’s prospective job duties for this category must be consistent with the job duties generally performed by Computer Systems Analysts in the field. Inspecting officers will look to the Occupational Outlook Handbook (“OOHâ€

[klaatu62]

I have been a Systems Analyst with a TN for 6 years. One important note is to make certain that your HR department realizes that this is a highly scrutinized area.

It is very possible that although your job is that of an analyst, HR may have all of the positions with the word "PROGRAMMER" in the title

(ie. Programmer/Analyst, Business Programmer)

Before getting to the border, go through everything you have. Make certain that something didn't slip through a crack. Duties should be less than 20% direct coding, although there is a limited amount of discretion at the border.

One thing to note in this area, although initial decisions are made at the border, they are all scrutinized by regional offices in the weeks that follow. This does cause some border officers to err on the side of caution, and may affect your ability to renew should the scrutiny find issue with the original decision.

RB.