TN Visa - Forester
Background of Forester TN Visa Category
The TN visa occupational category for Forester 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 Foresters 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 Forester Applicant Requirements:
To qualify for TN visa status under the occupational category for Forester, 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 a Forester. See 54 Federal Register 48575 (Nov. 24, 1989).
In 1991, the legacy INS added a state or provincial license as an alternative credential to the bachelor's degree requirement for a Forester. See 56 FR 480 (Jan. 7, 1991). With the addition of a Licenciatura degree, the credential requirements for Foresters listed in the FTA were carried over and included in the requirements for TN visa status for a Forester under NAFTA. See 58 FR 69205 (Dec. 30, 1993).
Additional information on the educational background of Foresters 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 Forester Job Duty Requirements:
The TN visa regulations do not specifically define the types of Forester positions or job duties that are permissible under this TN category.
However, the legacy INS NAFTA Handbook does add that "foresters plan and supervise the growing, protection, and harvesting of trees."
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:
Articles - Forester
Revised April 29, 2023.