TN Visa: Biochemist

Background of Biochemist TN Visa Category

  • The TN visa occupational category for Biochemists 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 Biochemists was carried over and included in the NAFTA list, and now USMCA, of available occupations in 1994. See 58 FR 69205 (Dec. 30, 1993).

TN Visa Biochemists Applicant Requirements:

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

    • Bachelor’s (Baccalaureate) degree

    • Licenciatura Degree

  • The regulations governing TN visa status generally do not provide any guidance on the type of degrees or majors suitable for a particular TN occupational category.

  • To determine the types of degrees suitable for a Biochemist for purposes of a TN visa, we may refer to U.S. Department of Labor publications such as the Occupational Outlook Handbook (OOH). See Royal Siam Corp. v. Chertoff, 484 F.3d 139, 145 (1st Cir. 2007).

TN Visa Biochemists Job Duty Requirements:

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

  • 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.