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@Ontario

跳槽了，换了份工作。新公司的HR把title写成了SDE (Software Development Engineer)。

crashingwaves(CherryHill)
本文发表在 rolia.net 枫下论坛我研究了一下TN的有关规定，说服HR把title改成了Computer Systems Analyst，顺利拿到三年的新TN。我的学位是CS，本科和Master都是。以下是我给HR写的信，大家（CS学位的）可以参考一下。

Please change the name "Software Development Engineer" to "Computer System Analyst". Computer System Analyst is the correct NAFTA terminology for the software/computer science profession.

Here is the explanation on TN terminology: profession vs. job title, Computer Systems Analyst vs. Software Engineer vs. Programmer Analyst.

A TN application is for a profession, not a job title, which is different from H1-B (which is all about job titles).

There are only two professions (categories) that a software professional can use to apply for TN visa:
a. Computer System Analyst, and
b. Software Engineer. (note this one is a little bit misleading, it is a profession in Engineering field defined in NAFTA, not a job title)

In a correct TN letter, only one of the above two professions should appear.

Different companies have differen titles for similar jobs, but as long as you meet the requirement for a Computer System Analyst, you can apply for TN as a Computer System Analyst. For example, there is no profession name defined for DBA, Architect, Application Engineer, SDE, SDET, QA, etc., however, as long as the job description and the educational level meets the requirement for a Computer Systems Analyst, a DBA/Architect/Application Engineer/QA can apply for TN as a CSA professional. (see one example here: software developer job should apply using CSA profession: http://www.justanswer.com/questions/21q8e-hi-tn-letter-software-developer )

You don't have to show your offer letter to the NAFTA visa officer when apply for TN visa. (see TN visa application checklist http://www.maggio-kattar.com/practice/employment/nafta.html and here http://www.greencardlawyers.net/workvisas/TNvisas/TNvisaFAQs.html ). They are not interested in my internal job title in the company. The border officer will first look for the profession name, and based on the requirements for this profession in their system, check your TN letter's job description and education part to determine if you meet the requirements.

In my current company, My internal job title is xxxxxxx, based on my education level and the job description, the lawyer decided that CSA professional category should be used to apply for TN.

Also, NAFTA has its own definitions for commonly used terms like engineer and programmer, so we need to be careful about the wording.

As to the Software Engineer category, NAFTA most likely has a different definition for the "Engineer" profession than the "engineer" term used in most software companies. It probably requires an engineering degreee (CS may not count since it is "science"). I am not 100% sure, but if we were to use this profession(category), then in the job description section of the TN letter, we probably need to highlight the "engineering" part of the job, instead of "design, analysis, implementation" part of the job used by Computer System Analyst professionals. (More on the history of Software Engineer category confusion http://srwlawyers.com/ImmigrationOptions/VisaChart/TNCanadianorMexicanNAFTAProfessional/tabid/119/Default.aspx).

So, I think we should use the "Computer Systems Analyst" profession, which is a correct profession/category according to my education level and job description.

Another misleading profession is Programmer Analyst. In the NAFTA definition this category probably only requires high school diploma, so it doesn't qualify for TN (TN requires at least bachelor's degree). Therefore if a Microsoft Sr. Programmer Analyst with a PhD degree wants to apply for TN as Programmer Analyst, he would be rejected. He should apply using Computer System Analyst profession instead.更多精彩文章及讨论，请光临枫下论坛 rolia.net
(#5705259@0)
Last Updated: 2009-11-25
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Replies, comments and Discussions:

  • 枫下茶话 / 美国话题 / 跳槽了，换了份工作。新公司的HR把title写成了SDE (Software Development Engineer)。 -crashingwaves(CherryHill); 2009-11-25 {3876} (#5705259@0)
    本文发表在 rolia.net 枫下论坛我研究了一下TN的有关规定，说服HR把title改成了Computer Systems Analyst，顺利拿到三年的新TN。我的学位是CS，本科和Master都是。以下是我给HR写的信，大家（CS学位的）可以参考一下。

    Please change the name "Software Development Engineer" to "Computer System Analyst". Computer System Analyst is the correct NAFTA terminology for the software/computer science profession.

    Here is the explanation on TN terminology: profession vs. job title, Computer Systems Analyst vs. Software Engineer vs. Programmer Analyst.

    A TN application is for a profession, not a job title, which is different from H1-B (which is all about job titles).

    There are only two professions (categories) that a software professional can use to apply for TN visa:
    a. Computer System Analyst, and
    b. Software Engineer. (note this one is a little bit misleading, it is a profession in Engineering field defined in NAFTA, not a job title)

    In a correct TN letter, only one of the above two professions should appear.

    Different companies have differen titles for similar jobs, but as long as you meet the requirement for a Computer System Analyst, you can apply for TN as a Computer System Analyst. For example, there is no profession name defined for DBA, Architect, Application Engineer, SDE, SDET, QA, etc., however, as long as the job description and the educational level meets the requirement for a Computer Systems Analyst, a DBA/Architect/Application Engineer/QA can apply for TN as a CSA professional. (see one example here: software developer job should apply using CSA profession: http://www.justanswer.com/questions/21q8e-hi-tn-letter-software-developer )

    You don't have to show your offer letter to the NAFTA visa officer when apply for TN visa. (see TN visa application checklist http://www.maggio-kattar.com/practice/employment/nafta.html and here http://www.greencardlawyers.net/workvisas/TNvisas/TNvisaFAQs.html ). They are not interested in my internal job title in the company. The border officer will first look for the profession name, and based on the requirements for this profession in their system, check your TN letter's job description and education part to determine if you meet the requirements.

    In my current company, My internal job title is xxxxxxx, based on my education level and the job description, the lawyer decided that CSA professional category should be used to apply for TN.

    Also, NAFTA has its own definitions for commonly used terms like engineer and programmer, so we need to be careful about the wording.

    As to the Software Engineer category, NAFTA most likely has a different definition for the "Engineer" profession than the "engineer" term used in most software companies. It probably requires an engineering degreee (CS may not count since it is "science"). I am not 100% sure, but if we were to use this profession(category), then in the job description section of the TN letter, we probably need to highlight the "engineering" part of the job, instead of "design, analysis, implementation" part of the job used by Computer System Analyst professionals. (More on the history of Software Engineer category confusion http://srwlawyers.com/ImmigrationOptions/VisaChart/TNCanadianorMexicanNAFTAProfessional/tabid/119/Default.aspx).

    So, I think we should use the "Computer Systems Analyst" profession, which is a correct profession/category according to my education level and job description.

    Another misleading profession is Programmer Analyst. In the NAFTA definition this category probably only requires high school diploma, so it doesn't qualify for TN (TN requires at least bachelor's degree). Therefore if a Microsoft Sr. Programmer Analyst with a PhD degree wants to apply for TN as Programmer Analyst, he would be rejected. He should apply using Computer System Analyst profession instead.更多精彩文章及讨论，请光临枫下论坛 rolia.net
    • NAFTA对TN的有关规定，只和profession有关。 -crashingwaves(CherryHill); 2009-11-25 {2570} (#5705265@0)
      本文发表在 rolia.net 枫下论坛FYI....Here is the excerpt from the TN law about what should be on the TN letter, the important part is: profession, job description, diplomas, and duration/salary, not about job titles :

      "(ii) Documentation demonstrating engagement in business activities at a professional level and demonstrating professional qualifications. The applicant must present documentation sufficient to satisfy the consular officer (in the case of a Mexican citizen) or the Department officer (in the case of a Canadian citizen) that the applicant is seeking entry to the United States to engage in business activities for a United States employer(s) or entity(ies) at a professional level, and that the applicant meets the criteria to perform at such a professional level. This documentation may be in the form of a letter from the prospective employer(s) in the United States or from the foreign employer, and must be supported by diplomas, degrees or membership in a professional organization. Degrees received by the applicant from an educational institution not located within Canada, Mexico, or the United States must be accompanied by an evaluation by a reliable credentials evaluation service which specializes in evaluating foreign educational credentials. The documentation shall fully affirm:
      (A) The Appendix 1603.D.1 profession of the applicant;
      (B) A description of the professional activities, including a brief summary of daily job duties, if appropriate, in which the applicant will engage in for the United States employer/entity;
      (C) The anticipated length of stay;
      (D The educational qualifications or appropriate credentials which demonstrate that the Canadian or Mexican citizen has professional level status; and
      (E) The arrangements for remuneration for services to be rendered.
      (e) Procedures for admission for a citizen of Canada or Mexico—A citizen of Canada or Mexico who qualifies for admission under this section shall be provided confirming documentation (Form I–94) and shall be admitted under the classification symbol TN for a period not to exceed one year. Form I–94 shall bear the legend “multiple entry”. The fee prescribed under 8 CFR 103.7(b)(1) shall be remitted by Canadian Citizens upon admission to the United States pursuant to the terms and conditions of the NAFTA. Upon remittance of the prescribed fee, the TN applicant for admission shall be provided a Department-issued receipt (Form G–211, Form G–711, or Form I–797)."

      http://law.justia.com/us/cfr/title08/8-1.0.1.2.18.0.1.6.html, scroll down to section (3) (iii)更多精彩文章及讨论，请光临枫下论坛 rolia.net

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