TN Visa: NAFTA professional work permit definitions

Immigration lawyers for Canadian and Mexican professionals working in USA

TN VISA – NAFTA PROFESSIONALS: Sources: 9 FAM 41.59 and 8 CFR 214.2(b)(4)

Although similar in certain regards to the H-1B Professional Worker visa, the TN Visa has numerous unique elements. As background regarding the TN visa and how our immigration lawyers can assist you throughout the process, let us consider some essential TN issues:

Professionals: In order to qualify for a TN Visa, the beneficiary must meet certain educational/ work experience criteria. A large number of the professions, and can be seen in the list below, require a Baccalaureate degree in a specific area. However, with certain professions, such as Technical Publications Writers, a Post-Secondary diploma, which is defined by 8 CFR 214.6(c) as a credential issued on completion of two or more years of post secondary education, by an accredited academic institution, can satisfy the requirements if the beneficiary also can evidence 3 years of experience in the field. Note that where the educational requirement options indicate a Baccalaureate degree alone, experience cannot be a substitute.

• Accountant--Baccalaureate or Licenciatura Degree; or C.P.A., C.A., C.G.A., or C.M.A.
• Architect--Baccalaureate or Licenciatura Degree; or state/provincial license.
• Computer Systems Analyst--Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post Secondary Certificate and three years' experience.
• Disaster relief insurance claims adjuster (claims adjuster     employed by an insurance company located in the territory of a Party, or an independent claims adjuster)--Baccalaureate or Licenciatura Degree and successful completion of training in     the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims.
• Economist--Baccalaureate or Licenciatura Degree.
• Engineer--Baccalaureate or Licenciatura Degree; or state/provincial license
• Forester--Baccalaureate or Licenciatura Degree; or state/provincial license
• Graphic Designer--Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate and three years experience.
• Hotel Manager--Baccalaureate or Licenciatura Degree in hotel/restaurant management; or Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management and three years experience in hotel/restaurant management.
• Industrial Designer--Baccalaureate or Licenciatura Degree;or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience.
• Interior Designer--Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience.
• Land Surveyor--Baccalaureate or Licenciatura Degree or     state/provincial/federal license.
• Landscape Architect--Baccalaureate or Licenciatura Degree.
• Lawyer (including Notary in the province of Quebec)—L.L.B., J.D., L.L.L., B.C.L., or Licenciatura degree (five years); or membership in a state/provincial bar.
• Librarian--M.L.S., or B.L.S. (for which another Baccalaureate or Licenciatura Degree was a prerequisite).
• Management Consultant--Baccalaureate or Licenciatura Degree; or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement.
• Mathematician (including Statistician)--Baccalaureate or Licenciatura Degree.
• Range Manager/Range Conservationist--Baccalaureate or Licenciatura Degree.
• Research Assistant (working in a post-secondary educational institution)--Baccalaureate or Licenciatura Degree.
• Scientific Technician/Technologist --Possession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research. 
• Social Worker--Baccalaureate or Licenciatura Degree.–Sylviculturist (including Forestry Specialist)--Baccalaureate or Licenciatura Degree.
• Technical Publications Writer--Baccalaureate or Licenciatura Degree, or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience.
• Urban Planner (including Geographer)--Baccalaureate or Licenciatura Degree.
• Vocational Counselor--Baccalaureate or Licenciatura Degree.

MEDICAL/ALLIED PROFESSIONALS

• Dentist--D.D.S., D.M.D., Doctor en Odontologia or Doctor en Cirugia Dental or state/provincial license.
• Dietitian--Baccalaureate or Licenciatura Degree; or state/provincial license.
• Medical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) --Baccalaureate or Licenciatura Degree; or Post-Secondary Diploma or Post-Secondary Certificate,and three years experience.
• Nutritionist--Baccalaureate or Licenciatura Degree.
• Occupational Therapist--Baccalaureate or Licenciatura Degree; or state/provincial license.
• Pharmacist--Baccalaureate or Licenciatura Degree; or state/provincial license.
• Physician (teaching or research only)--M.D. Doctor en Medicina; or state/provincial license.
• Physiotherapist/Physical Therapist--Baccalaureate or Licenciatura Degree; or state/provincial license.
• Psychologist--state/provincial license; or Licenciatura Degree.
• Recreational Therapist--Baccalaureate or Licenciatura Degree.
• Registered nurse--state/provincial license or Licenciatura Degree.
• Veterinarian--D.V.M., D.M.V., or Doctor en Veterinaria; or state/provincial license.

SCIENTIST

• Agriculturist (including Agronomist)--Baccalaureate or Licenciatura Degree.
• Animal Breeder--Baccalaureate or Licenciatura Degree.
• Animal Scientist--Baccalaureate or Licenciatura Degree.
• Apiculturist--Baccalaureate or Licenciatura Degree.
• Astronomer--Baccalaureate or Licenciatura Degree.
• Biochemist--Baccalaureate or Licenciatura Degree.
• Biologist--Baccalaureate or Licenciatura Degree.
• Chemist--Baccalaureate or Licenciatura Degree.
• Dairy Scientist--Baccalaureate or Licenciatura Degree.
• Entomologist--Baccalaureate or Licenciatura Degree.
• Epidemiologist--Baccalaureate or Licenciatura Degree.
• Geneticist--Baccalaureate or Licenciatura Degree.
• Geochemist--Baccalaureate or Licenciatura Degree.
• Geologist--Baccalaureate or Licenciatura Degree.
• Geophysicist (including Oceanographer in Mexico and the United States)--Baccalaureate or Licenciatura Degree.
• Horticulturist--Baccalaureate or Licenciatura Degree.
• Meteorologist--Baccalaureate or Licenciatura Degree.
• Pharmacologist--Baccalaureate or Licenciatura Degree.
• Physicist (including Oceanographer in Canada)—Baccalaureate or Licenciatura Degree.
• Plant Breeder--Baccalaureate or Licenciatura Degree.
• Poultry Scientist--Baccalaureate or Licenciatura Degree.
• Soil Scientist--Baccalaureate or Licenciatura Degree.
• Zoologist--Baccalaureate or Licenciatura Degree.

TEACHER

• College--Baccalaureate or Licenciatura Degree.
• Seminary--Baccalaureate or Licenciatura Degree.
• University--Baccalaureate or Licenciatura Degree.

Definitions:

Employer: In order to qualify for a TN Visa one must be able to evidence engagement by a U.S. employer, who will be acted as the petitioning company on the case. Self-employment is not an option under the TN Visa category, if you are interested in being self-employed please see our E visa page for more information. A properly prepared employment letter, evidencing the proposed employment is a crucial part of the TN process, whether Consular Processing or filing a Change of Status while in the U.S. As provided in 9 FAM 41.59 N. 7, evidence of the proposed employment may be in the form of an employment letter from a U.S. or foreign employer, or contract providing a detailed description of the business activities which the individual will be engaged in, and should state the following:

(1) Activity in which the alien shall be engaged;
(2) Purpose of entry;
(3) Anticipated length of stay;
(4) Educational qualifications or appropriate credentials demonstrating professional status;
(5) Evidence of compliance with Department of Homeland Security
(DHS) regulations and/or state laws; and
(6) Arrangements for remuneration.

Temporariness: The TN Visa does not allow for dual intent like some other visas. Accordingly for a TN Visa one has to evidence that your intent is to remain in the U.S. for a finite period of time. If a person is on a TN and then decides that they wish to remain indefinitely, or apply for a green card, it is advisable to consult an immigration professional to understand the process and consequences involved.

Additional Information about Select Occupations

• Technical Publications Writer: The U.S. Department of Labor provides that most jobs in this occupation require a college degree preferably in communications, journalism, or English, but a degree in a technical subject may be useful for technical writing positions. Technical writers put technical information into easily understandable language. They prepare product documentation, such as operating and maintenance manuals, catalogs, assembly instructions, and project proposals. Technical writers primarily are found in the information technology industry, writing operating instructions for online Help and documentation for computer programs. Many technical writers work with engineers on technical subject matters to prepare written interpretations of engineering and design specifications and other information for a general readership. Technical writers also may serve as part of a team conducting usability studies to help improve the design of a product that still is in the prototype stage. They plan and edit technical materials and oversee the preparation of illustrations, photographs, diagrams, and charts.http://www.bls.gov/oco/ocos089.htm.

• Accountant: The U.S. Department of Labor provides that Accountants and auditors help to ensure that the Nation’s firms are run efficiently, its public records kept accurately, and its taxes paid properly and on time. They analyze and communicate financial information for various entities such as companies, individual clients, and government. Beyond carrying out the fundamental tasks of the occupation—preparing, analyzing, and verifying financial documents in order to provide information to clients—many accountants also offer budget analysis, financial and investment planning, information technology consulting, and limited legal services. Specific job duties vary widely among the four major fields of accounting and auditing: public, management, government accounting, and internal auditing. http://www.bls.gov/oco/ocos001.htm.

• Economist: The U.S. Department of Labor provides that Economists study how society distributes resources, such as land, labor, raw materials, and machinery, to produce goods and services. They may conduct research, collect and analyze data, monitor economic trends, or develop forecasts. Economists research a wide variety of issues including energy costs, inflation, interest rates, exchange rates, business cycles, taxes, and employment levels, among others. Economists develop methods for obtaining the data they need. For example, sampling techniques may be used to conduct a survey and various mathematical modeling techniques may be used to develop forecasts. Preparing reports, including tables and charts, on research results also is an important part of an economist’s job. Presenting economic and statistical concepts in a clear and meaningful way is particularly important for economists whose research is intended for managers and others who do not have a background in economics. Some economists also perform economic analysis for the media. http://www.bls.gov/oco/ocos055.htm.

• Forestor: The U.S. Department of Labor provides that Foresters oversee our Nation’s forests and direct activities on them for economic, recreational, conservational, and environmental purposes. Individual landowners, the public, and industry own most of the forested land in this country, and they require the expertise of foresters to keep the forests healthy and sustainable. Often this means coming up with a plan to keep the forests free from disease, harmful insects, and damaging wildfires, for example, planning when and where to plant trees and vegetation and when to cut timber. It may also mean coming up with ways to make the land profitable but still protected for future generations. http://www.bls.gov/oco/ocos048.htm

• Graphic Designer: The U.S. Department of Labor provides that Graphic designers plan, analyze, and create visual solutions to communications problems. They find the most effective way to get messages across in print, electronic, and film media using a variety of methods such as color, type, illustration, photography, animation, and various print and layout techniques. Graphic designers develop the overall layout and production design of magazines, newspapers, journals, corporate reports, and other publications. They also produce promotional displays, packaging, and marketing brochures for products and services, design distinctive logos for products and businesses, and develop signs and signage systems—called environmental graphics—for business and government. An increasing number of graphic designers also develop material for Internet Web pages, interactive media, and multimedia projects. Graphic designers also may produce the credits that appear before and after television programs and movies. http://www.bls.gov/oco/ocos090.htm

• Industrial Designers: The U.S. Department of Labor provides that Commercial and industrial designers combine the fields of art, business, and engineering to design the products people use every day. In fact, these designers are responsible for the style, function, quality, and safety of almost every manufactured good. Usually designers specialize in one particular product category, such as automobiles and other transportation vehicles, appliances, technology goods, medical equipment, furniture, toys, tools and construction equipment, or housewares. http://www.bls.gov/oco/ocos290.htm

• Management Consultants: As provided by the NAFTA Handbook, HQINS: November 1999, Management consultants provide services that are directed toward improving the managerial, operating, and economic performance of public and private entities by analyzing and resolving strategic and operating problems and thereby improving the entity’s goals, objectives, policies, strategies, administration, organization, and operation. Management consultants are usually independent contractors or employees of consulting firms under contracts to U.S. entities. They may be salaried employees of the U.S. entities to which they are providing services only when they are not assuming existing positions or filling newly created positions. As a salaried employee of such an U.S. entity, they may only fill supernumerary temporary positions. On the other hand, if the employer is a U.S. management-consulting firm, the employee may be coming temporarily to fill a permanent position. Canadian or Mexican citizens may qualify as management consultants by holding a Baccalaureate or Licenciatura degree or by having five years of experience in a specialty related to the consulting agreement.

• Social Worker: The U.S. Department of Labor provides that Social Workers assist people by helping them cope with issues in their everyday lives, deal with their relationships, and solve personal and family problems. Some social workers help clients who face a disability or a life-threatening disease or a social problem, such as inadequate housing, unemployment, or substance abuse. Social workers also assist families that have serious domestic conflicts, sometimes involving child or spousal abuse. Some social workers conduct research, advocate for improved services, engage in systems design or are involved in planning or policy development. Many social workers specialize in serving a particular population or working in a specific setting. http://www.bls.gov/oco/ocos060.htm

• Urban Planner: The U.S. Department of Labor provides that Urban and regional planners develop long- and short-term plans for the use of land and the growth and revitalization of urban, suburban, and rural communities and the region in which they are located. They help local officials alleviate social, economic, and environmental problems by recommending locations for roads, schools, and other infrastructure and suggesting zoning regulations for private property. This work includes forecasting the future needs of the population. Because local governments employ the majority of urban and regional planners, they often are referred to as community or city planners. Planners promote the best use of a community’s land and resources for residential, commercial, institutional, and recreational purposes. They address environmental, economic, and social health issues of a community as it grows and changes. They may formulate plans relating to the construction of new school buildings, public housing, or other kinds of infrastructure. Planners also may help to make decisions about developing resources and protecting ecologically sensitive regions. Some planners are involved in environmental issues including pollution control, wetland preservation, forest conservation, and the location of new landfills. Planners also may help to draft legislation on environmental, social, and economic issues, such as planning a new park, sheltering the homeless, or making the region more attractive to businesses. http://www.bls.gov/oco/ocos057.htm