TN Classification Requirements:
To qualify for TN status, the intended U.S. activity must be in a profession and the alien must possess the necessary credentials to be considered a professional in one of the Appendix 1603.D.1 fields. The alien must actually perform professional-level activities in the United States. With regard to the alien’s qualifications, a bachelor’s or higher degree is usually required, unless Appendix 1603.D.1 lists alternative qualifications. Equivalency to a required degree through a combination of experience and education will not be accepted for TN purposes; aliens in this situation must apply for H-1 status.
Designated TN professions
The Canadian or Mexican professional qualifying for the TN category must be engaged in a profession included in Appendix 1603.D.1 of NAFTA. Among the most useful occupations in Appendix 1603.D.1 are accountants, engineers, registered nurses, architects, lawyers, university-level teachers and research assistants, hotel managers, librarians, systems analysts, and management consultants.
- USCIS issues final rule adding actuaries and plant pathologists to list of TN professionals.
- The minimum requirement for a plant pathologist would be a baccalaureate or licenciatura degree.
- The final rule also removes a requirement under prior regulations that a Canadian present a license to be admitted as a TN non-immigrant in those situations in which a license is required to practice the profession in the locality in which services will be provided.
Qualifications of TN professional
To qualify for TN status the alien must possess the necessary credentials. When a bachelor’s or a licenciatura degree is required under Appendix 1603.D.1, a combination of education and experience equivalent to a bachelor’s degree will not be accepted. If the alien must rely on a combination of education and experience, H-1 status should be sought for the alien. Additional points related to specific professions are discussed below:
1. Canadian Bachelors Degree
A Canadian three-year bachelor’s degree program satisfies the degree requirement the important element is the requisite degree and not the length of the course of study.
Canadian nurses may have a Canadian provincial license or a state license issued in the United States to qualify for TN status. In addition, the nurse must have a license in the state of intended employment suitable for commencement of employment.
3. Scientific Technician/Technologist
A general offer of employment by a professional in one of the qualifying disciplines is not sufficient, by itself, to establish eligibility will be inter-related with that of the supervisory professional.
4. Post-Secondary Diplomas and Certificates
For purposes of designation as a computer systems analyst, graphic designer, hotel manager, industrial designer, interior designer, medical technologist, or a technical publications writer, a postsecondary diploma means a credential issued, on completion of two or more years of post secondary education, by an accredited academic institution in Canada or the United States.
5. Certification Requirement for Health Care Workers
IIRIRA renders inadmissible a foreign national seeking to enter the United States for the purpose of performing labor as a health care worker (other than a physician), unless the foreign national presents certification from a credentialing organization approved by the Department of Homeland Security.
6. Licensure Requirement for Canadian and Mexican TNs
The USCIS issued a final rule removing a requirement under prior regulations that a Canadian present a licence to be admitted as a TN non-immigration in those situations in which a license is required to practice the profession in the locality in which services will be provided.
For more Information about TN Visa Category and Requirements, Please contact Wani & Associates P.C. for a free consultation. Call now at: (703) 490-1111