Scientist Occupations
TN Visa: Chemist
BACKGROUND OF TN VISA CATEGORY
The Chemist occupation was initially not included 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 status only to Canadian citizens. However, the FTA did allow Scientific Technicians the authority to work in support of Chemists. Thus, the absence of the Chemist occupation from the original FTA schedule was considered an oversight, and as result, was included in the final rule implementing the FTA. See 56 Federal Register 480 (Jan. 7, 1991). The Chemist occupation was carried over and included in the NAFTA list of available occupations in 1994. See 58 FR 69205 (Dec. 30, 1993). See 58 FR 69205 (Dec. 30, 1993).
TN VISA APPLICANT REQUIREMENTS
To qualify for TN visa status under the occupational category for Chemists, an individual must possess one of the following:
- Bachelor’s degree; or
- 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 Chemists 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).
Read more about the TN visa degree requirements.
TN VISA JOB DUTIES REQUIREMENTS
The TN visa regulations do not specifically define the types of Chemist 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.
Read more about TN visa job duties.