SUCCESSFUL TN VISA APPLICATION

  • Applicant: Junior Web Designer/Graphic Designer
  • Nationality: Canadian
  • Age: 21
  • Past Travel History: Spent 10 years out of Canada to intern in the US
  • Applying for: TN Status
  • Challenges:
    • Major was journalism, not graphic design
    • Different job title than desired
    • US fear that she would desire to immigrate

Applicant Ms. Lue* received a position as a Junior Web Designer in the US and wanted a TN visa under the Graphic Designer label. However, the intended company and its attorneys refused to file for her because they did not believe she qualified since she majored in journalism instead of graphic design and her job title did not fall under the NAFTA-Specified Occupation list. After our consultation, however, we believed that she did qualify and assisted her in obtaining her visa in 1 week.

Keys to Success

The client first came to Tsang & Associates after obtaining a job offer in the US, appearing very distressed. When her company discovered that she did not have a work permit, they wanted her to apply under a H-1B. She had just graduated and learned that she could only apply for a visa under a H-1B by lottery draw, or under a TN status. She believed that she qualified for the TN visa, but her company's attorneys along with an outside immigration counsel did not share the same sentiment due to her major in journalism rather than their preferred graphic design major. After reviewing her case, we also believed that she qualified.

We immediately contacted her company which was one of the most promising companies listed on Forbes with $15 million in yearly revenue. As she was a very skilled graphic designer, they agreed to extend their job offer to Ms. Lue if the TN visa would be received within a month.

First, we needed to prove her qualifications as a Graphic Designer. Employing careful organization, we were able to pull out information from her transcripts and resume that showed her knowledge of both media and art combined. In addition, we were able to add in letters of recommendation from both the Associate Dean of her university and the Director from one of her previous internships that reassured her qualifications.

Second, we needed to establish that her job as a Junior Web Designer qualified as a Graphic Designer under the list of NAFTA-Specified Occupation List for TN status. We asked the intended company to change her job title, but they turned down the request. Therefore, T&A showed that her duties as a potential Graphic Designer and the duties of the intended company's Junior Web Designer significantly overlapped. We were able to prove that although the job title was different, Ms. Lue essentially did the same work as a Graphic Designer described under the Bureau of Labor's Occupational Outlook Handbook.

A critical part of the TN visa application requires proof that the applicant has no intent to immigrate. Ms. Lue had been out of Canada for 10 years prior to the case to do internships. However, by listing financial and familial ties to Canada, we were able to show that she had no intent to permanently immigrate to the United States and would leave the United States once her job was complete.

During her visa interview in Vancouver, our attorney was on standby at 5AM in the morning to assist her if needed or if the officer had any questions.

Outcome

Ms. Lue received her TN status and was successfully hired as a graphic designed by one of the top information platforms on the web.

*Name has been changed to protect client identity.