TN1 Denied on basis of 'non-matching' degree

Hello folks:

I am sorry if this question has already been asked and replied in this forum.

I am a Canadian citizen and an IT professional with over 14 years of experience (with 5 years in US on H1B). I have a bachelor degree in Physics with mathematics, a one year post-grad diploma in computer systems and several Microsoft certifications.

Recently a company hired me as "Computer Systems Analyst" and issued a TN letter but the BCP officer denied my TN1 application saying that my degrees (in Physics) does not match the job I am pursuing and I need a degree in computer science. I mentioned my diploma, certifications and experience (I actually never worked as a Physicist, my whole career has been in IT). The officer mentioned that even 50 years of experience does not count as long as my degree is in Physics.

I was wondering does the degree has to be any 'bachelors degree or must be in computer science to qualify for TN status under Computer Systems Analyst category?

I will appreciate your help.

Thanks

The regs don't specifically say a degree in anything to do with computers but some of the other categories do say some sort of specifically related degree, so it's a reasonable interpretation to say to get in as a systems analyst you need some sort of degree that is in some way related to IT I would say. It's a bit iffy. I doubt a judge would disagree with what the CBP agent said to you but on the other hand a different CBP inspector might say a degree in physics could be sufficient.

You do have a diploma and the regs say:

Computer Systems Analyst -- Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma n3 or Post Secondary Certificate n4 and three years’ experience.

However the regs go on to say that a "post-secondary diploma" means something that is at least a two-year course of study or the equivalent of it. A "post-secondary certificate" also means something equivalent to a two-year course.

I think they're being picky but legally it sounds as though they can be.

The only TN category that requires a specific degree is the Hotel Management category. No other category explicitly requires you to have a degree in that field to qualify. Also, the OOH (Occupational Outlook Handbook) does not state specifically that a degree in computer science is required to be a computer systems analyst.

But a physics degree isn't mentioned, it's got to be some sort of IT-related degree: http://www.bls.gov/oco/ocos287.htm the regs say a degree, so if it requires a degree they're going to go by what degree it says in the OOH.

I think it is a bit silly because he has a diploma and with his MCPs it's equivalent to two years I would have thought and he has the experience, but they're just being picky.

I didn't realize until just now that the definitions used in the FAM come from the OOH, I thought the language was a bit too clever for that manual.

For CSA, the OOH says: "For jobs in a technical or scientific environment, employers often seek applicants who have at least a bachelor’s degree in a technical field, such as computer science, information science, applied mathematics, engineering, or the physical sciences." I think that a degree in physics with mathematics would fall in that category.

Folks:

Thanks a lot for all the posts. It looks like it was the officer's mood at that time because the requirement for a compute science degree does not seem to be very rigid.

Based on your experience (it was my very first TN1 ever), what should I do? Retry on the a different port of entry so that I get to see a different officer who might have different interpretation of degree requirements? Or should I consult a lawyer?

I will appreciate your help,

Thanks

What I would do is print off that page of the OOH and take it with you to the POE and try again with the rest of the documentation.

-- Tue Jun 23, 2009 11:00 am --

I think that a degree in physics with mathematics would fall in that category.

Only if you read past the first couple of paragraphs.

I'm quite interested in this thread, since I'm considering finding a CSA job in the US and would be in a similar situation, with a B.Sc. in Mathematics & Physics and Masters in Maths.

Is the OOH considered official information for CBP officers?

I tried finding the description of CSA in the FAM...

Inam: please keep us posted!

Well the definitions in the FAM come from the OOH, and the OOH is used by USCIS for various things related to work permits. So if you match the description in the OOH you should be okay.

Hello all: BTW, what is FAM?
Also, is any POE close to Toronto area considered "TN-1 friendly"?

Hi Dawin: Sure I will keep you guys posted.


Thanks.