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Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28066
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello, What are the risks, both to the employee and the employer,

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What are the risks, both to the employee and the employer, of hiring a TN CSA and having him/her do software engineering duties, including programming, developing, coding, building, etc.?
Thanks in advance.

Hello,my name is Judith. Thank you for this opportunity to answer your questions.

Computer Systems analyst?

And what do you mean by risks? Risks in what way?



Customer: replied 3 years ago.

It's my understanding that a CSA is not allowed to perform computer programming. So, if a CSA is in fact a computer programmer, what are the risks of this?

It is immigration fraud because the employment letter used to obtain the TN status would not be giving a truthful job description.

Now I'm sure you know that. The punishment for immigration is up to 5 years in jail and a $250,000 fine.

Now are you asking what your risk of getting caught is?

Is that the question?



Customer: replied 3 years ago.

Thanks. Sure, what is the risk of being caught, and is the total risk that of the employer, or the employee?

Customer: replied 3 years ago.

I'm also curious how strict the computer programming prohibition is for TN CSAs. Can you elaborate, and provide case law and/or a press release and/or the language in the agreement itself?

Both the employer and the employee face the same sanctions, equally.

Generally there are no site visits for TNs. H1Bs do have a Fraud Detection unit that makes spot checks but that is not done for TNs.

That being said, a fraud against the government is a very bad idea.

As for the research, no I cannot do that for you on this site. You can retain an attorney to research case law for you by going to The average hourly cost for research is $200-250.


Judith and 4 other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Can you not send me one or two trustworthy opinions as to the prohibition against CSAs performing computer programming duties? I only want you to identify the document, not analyze it. Thanks.

That would require research and I will opt out and allow another expert to do that for you.


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