TN Visa: Position Change but under same occupational category, Do I need to reapply?

Question

I am a Canadian currently working in the US under TN status as a Chemist performing lab work. I have a bachelors degree in Biology (which did not matter as the requirement only states that a degree is required- not a specific type).

Now onto my questions, I was offered a position with the parent company as a Technical Sales and Account Manager - or something along those lines, can be changed to help my status- the position requires detailed chemical knowledge and analysis in order to understand and perform the business role I would move into.

My question, do I need reapply for a new status as my role would change but the occupational category would stay the same? And is there precedent set to prove that I am eligible for a TN status even though my job does not fulfill the BLS handbook definition but requires in depth knowledge of the occupational category(chemist)?

Thanks in advance

Answer 1

Canadian here.

The most important question here is how the Parent company signed you as. If you are labelled as a new employee, new title with new responsibilities and new salary, then you will need to reapply. As under your current TN, the agreement is with the child company and not the Parent.

However, if did not sign new paperwork under the parent company but just "rolled" into it but with new salary with new responsibilities, then you don't need to reapply. Your TN still applies to the child company because technically, you are still under it.

In your next renewal, put in the new Title and new responsibilities which should now align with your current Parent company. Make sure the offer letter comes from the Parent company or you will get rejected.