joeyyyy

2 hours ago, SteveInBostonI130 said:

 

Ok, now I understand your dilemma.  I would contact your prospective employer and ask them to change the title.  It seems they are making it more complicated than it should be, if they actually wanted to hire a Geophysicist.

easier said then done.  I might have to be put into the next level up title.  Let's say the current position I have been doing title is 'Sr. Rock Engineer', the next level up would be 'Region Specialist'.  you are doing the exact same job just maybe have 1 more duty and still requires the same qualification as the 'Sr. Rock Engineer'.  It is just a structure/pay thing.

think of the position such as a lab job where if you have a biochemist or chemist or organic chemist degree you are highly qualified as they are all extremely related with degree courses overlapping.

2 hours ago, jan22 said:

B

As I understand your post, a company posted an Engineering job you thought you had the background for, but your degree is in Geophysics, not in Engineering.  Therefore, you didn't qualify for TN status for the position since you did not have the right education -- an Engineering degree. If that is not what you meant, please clarify so you can get a better answer, as the following may or may not apply.

 

For TN status, you must meet the professional requirements, including education, of the position for which you are seeking the TN entry.  (See the final bullet point under "Eligibility for NAFTA ProfesSDional (TN) Non-Immigrant Status" at https://www.nafsa.org/_/file/_/amresource/8cfr2146.htm).  Bottom line, if a company says on a job posting that they need an engineer, a TN applicant needs an engineering degree.

 

It doesn't matter how O*NET would describe or label the position -- it's how the company describes what they want/need.  There may be a specific reason they've listed it as an engineering position (licensing requirements, sub-contract requirements, HR/company structure requiremments, etc.).  A job title is required in the documentation for TN employment/TN status.  Basically, what USCIS told you is that if the company is unwilling/unable to change the job title to one that fits into the TN structure, you will not be approved entry under TN status.  (See the list of qualifying professions at https://www.nafsa.org/_/file/_/amresource/8cfr2146.htm).

 

Hopefully, the company has the flexibility to change the job title to a more appropiate one that is on the TN list.

 

No the title is just a HR/company structure requirement.  No engineering degree nor license is needed for the job.  I have been doing the job on other visas for a number of years and they are switching it is TN in the mean time since the H1B expired, why I do not know as I am the last to know anything.

My understanding is with a H1B you can use the 'Engineer' classification and can use a degree very related to the job PLUS experience can be used in addition as a justification instead of need an engineering degree nor license but .  BUT with a TN you NEED an engineering degree or a license to use the engineering classification.

The job description/duties submitted to USCIS covered the Geophysicist classification and we sat down and described exactly how the duties for the job match a Geophysicist degree.  In addition more info was supplied on other employees that are doing the same job with the same title that have the same degree as me but it still was denied because of that 'engineer' job title.  My direct boss said the letter looked really good and he did not realize that so many other employees doing the same had the same degree.

I think you posted the wrong link for this 'Eligibility for NAFTA ProfesSDional (TN) Non-Immigrant Status" at https://www.nafsa.org/_/file/_/amresource/8cfr2146.htm) as it is the same as this you posted later (See the list of qualifying professions at https://www.nafsa.org/_/file/_/amresource/8cfr2146.htm)

thanks for all the help.

problem was that was why it was denied from USCIS that a degree in geophysicist doesn't relate to engineering.

the classification was Geophysicist and description contained the duties and required qualifications for a geophysicist plus all are completely related to a Geophysicist not only per O*NET OnLine but also per what the job actually is and described but their comment was the degree in geophysicist doesn't relate to engineering.

Job title are just company internal titles are not meaningful as mostly there to justify pay scale or to make you feel important (psychological thing), but how do you get around no job title since the letter, if person writing it is any good, will already be describing the job duties? the few letters I have seen state 'we are requesting .... name .... for position of .... job title .... at this address.
Lawyers messed up and it got denied and they really don't seen to know what they are doing so I am trying to become knowledgeable and know what to say to them what to put in the letter so they do not screw up again.

For example let's say job title is 'Engineering Specialist' but stating engineer right away point to needing an engineering degree but the position doesn't need an engineering degree nor an license and the job description describe let's said Geophysicist as per the O*NET OnLine.

So how do you avoid stating a job title.