TN Visa - Engineer

Background of Engineer TN Visa Category

  • The TN visa occupational category for Engineer was first listed in the United States-Canada Free-Trade Agreement (FTA) in 1989. See 54 Federal Register 12 (Jan. 3, 1989). The predecessor to NAFTA, the FTA provided work authorization under TC visa status, which was only available to Canadian citizens.

  • The occupational category for Engineers was carried over and included in the NAFTA list of available occupations in 1994. See 58 FR 69205 (Dec. 30, 1993). All NAFTA occupations were carried over into the USMCA.

TN Visa Engineer Applicant Requirements:

  • To qualify for TN visa status under the occupational category for Engineer, an individual must possess one of the following:

    • Bachelor’s (Baccalaureate) degree.

    • Licenciatura Degree.

    • State or provincial license

  • Under the United States-Canada Free-Trade Agreement (FTA), the predecessor to NAFTA, only a Bachelor's degree was listed as an acceptable credential to qualify for visa status as an Engineer. See 54 Federal Register 48575 (Nov. 24, 1989).

  • In 1990, the legacy INS proposed adding a state or provincial license as an alternative credential to the bachelor's degree requirement for an Engineer. See 55 FR 6694 (Feb. 26, 1990). This proposal was adopted in 1991. 56 FR 480 (Jan. 7, 1991). With the addition of a Licenciatura degree, the credential requirements for Engineers listed in the FTA were carried over and included in the requirements for TN visa status for an Engineer under NAFTA. See 58 FR 69205 (Dec. 30, 1993).

  • The legacy INS, and its successor, USCIS, have taken a restrictive approach to the degree requirements for an Engineer particularly for Software Engineers.

    • For example, USCIS’ internal operating procedures state that “[t]o qualify as an ‘Engineer;’ the TN must have an actual degree in the related engineer field.” Vermont Service Center, Standard Operating Procedure (SOP) 1-129 TN (Feb. 2011).

    • In an informational bulletin, USCIS also stated that “Engineers may not fill computer-related jobs under TN classification unless they have credentials as computer or software engineers from institutions that recognize computer or software engineering as bona fide engineering specialties offering full engineering credentials, such as professional engineering licenses.” USCIS Employment Bulletin: NAFTA (2005).

    • The legacy INS has also previously stated that it may be reasonable to require a Software Engineer to possess a degree in engineering. Cronin Memo: Engineers & Degrees (07-24-00).

  • Additional information on the educational background of Engineers may be found in the U.S. Department of Labor's Occupational Outlook Handbook (OOH). See Royal Siam Corp. v. Chertoff, 484 F.3d 139, 145 (1st Cir. 2007).

TN Visa Engineer Job Duty Requirements:

  • The TN visa regulations do not specifically define the types of Engineer positions or job duties that are permissible under this TN category.

  • However, the legacy INS has specifically stated that Software Engineering positions may qualify for TN status under the category for Engineers. Jacquelyn A. Bednarz, Legacy INS letter (March 30, 1995).

  • Like the degree requirement, individuals should refer to the U.S. Department of Labor’s Occupational Outlook Handbook (OOH) for guidance on the generally accepted job duties for this occupation.

More Information:

Revised April 29, 2023.