TN1 Denied on basis of 'non-matching' degree

[ihaq69]

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

[Steven]

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.

[axolotl]

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.

[Steven]

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.

[axolotl]

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.

[ihaq69]

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

[Steven]

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.

[darwin]

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!