TN woes for an Electrical Engineer doing CSA work

Ok, here's the situation, I'm not sure how much of this information is relevant so I'll summarize it all:

- I've got a B.A.Sc in Electrical Engineering, specializing in signals, communication, computers, systems & control, and data structures. But the degree says "Electrical Engineering".
- I'm self-employed in Canada, and get the majority of my work through one firm. They sell software, and provide professional services for system analysis, requirements gathering, installation, configuration, training, and support. (Which I feel is "CSA" work)
- Most of my work is in Canada.
- Occasionally the Canadian firm gets a request from a US firm for someone to help for several weeks/months. Sometimes this is an end-customer, and sometimes it's a firm much like the Canadian firm, with its own end-customers, but not enough professional service staff to satisfy all needs.
- During these engagements, the Canadian analysts are never settled, it's always hotels, and usually weekly trips from their homes in Canada.
- Frequently (and true in this case) the intent was that I spend several weeks on-site becoming familiar with the end-customer's needs, requirements, systems, user community, workflow process, and business stakeholders, after which I'd spend most of my time in Canada either connecting via VPN or preparing documentation/recommendations and publishing those.
- I've been performing this sort of work for over a decade now, and have had numerous TN applications granted in the past, including since 9/11.

Well, for the first time, I was turned away from a flight at YYZ on Monday morning. I'm really stressed out, and I'm glad I found this forum, because I didn't really have any experience with being turned away, nor any of my colleagues.

It was cited that my Engineering degree didn't qualify for the CSA description (even though when I looked at the OOH afterwards, it specifically mentions engineers as being a sought-after candidate for CSA jobs due to their technical background and training in analysis).

It was cited (and I feel it was mis-cited) that in a "Bulletin #11" dated March 16, 2005, that an Engineer may not hold a job where he works with computers unless that Engineer holds a "Computer Engineering" or "Software Engineering" degree. (The reason I feel it was mis-applied is that this paragraph appears in a section clarifying the Engineering TN job category, not the CSA job category - and I can see the point they're making in THAT context, I still disagree a little but I could live with it). But I see here in the forum that others have already run into this problem, or at least similar problems.

Well, what now? Some have told me that they don't believe someone in my situation should even have been applying for a TN since I'm not actually entering the employ of a US company. Others say that since I'm being paid (by someone, anyone) for actions I take while on US soil the TN is the proper option (This has been the assumption I've always worked with, personally).

Also, I usually take at least one or two pleasure trips into the US annually. So does having been turned away mean I'll get complications with those unless it gets correctly sorted out?

And finally, what do you think the best way to sort this out will be? What's my best next step?

I really could use some advice, or at least a talking-down so I stop having anxiety attacks. :S

-- Tue Jun 22, 2010 4:38 pm --

Yeah, I know, I wish I'd discovered this forum BEFORE this trip. But with a dozen or maybe 20 valid TNs under my belt I never expected a problem beyond not leaving enough time, or forgetting to make photocopies in advance to save the officer's trouble and time.

There is a real TN site at forums.immigration.com

You should be entering on B1.

Thanks for the recommendation. I'll hop over there after lunch.

One more for the "Visitor for Business" approach. Appreciated.

-- Fri Jun 25, 2010 1:07 am --

The only little thing, by the way, that concerns me about the B1, is the limitations on work.

Namely, that if I ever had to perform configuration work on a customer's system, I think I'd be in violation of the B1 conditions. I'd have to be very careful to keep my nose clean. I'd almost rather be under TN or a visa status that permitted something a little more hands-on for those cases where it comes up.

Is it possible you could comment on where you think that line falls in terms of my work?

And another question... do you think it's at all possible to have a heavily-computer-weighted Electrical Engineering degree "evaluated" in terms of its applicability as a Computer Engineering degree? Do Canadian Universities evaluate the previous degrees offered by other Canadian Universities, and do such evaluations even carry weight?