TN Visa: Disaster Relief Insurance Adjuster
BACKGROUND OF TN VISA CATEGORY
The TN visa occupational category for Disaster Relief Insurance Claims Adjusters 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 Disaster Relief Insurance Claims Adjusters was carried over and included in the NAFTA list of available occupations in 1994. See 58 FR 69205 (Dec. 30, 1993).
TN VISA APPLICANT REQUIREMENTS
Initially, under the United States-Canada Free-Trade Agreement (the predecessor to NAFTA) an individual could qualify as a Disaster Relief Insurance Claims Adjuster based on possession of a bachelor’s degree, or three years’ experience “in the field of claims adjustment.” 54 FR 48575 (Nov. 24, 1989).
The credentials required for eligibility under the Disaster Relief Insurance Claims Adjuster category increased following the implementation of NAFTA. To qualify for TN visa status under NAFTA as a Disaster Relief Insurance Claims Adjuster, an applicant must possess one of the following:
- Bachelor’s degree or Licenciatura Degree, plus successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or
- Three years of experience in claims adjustment, and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims.
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 Disaster Relief Insurance Claims Adjusters 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 legacy INS' NAFTA Handbook places additional requirements on the Disaster Relief Insurance Claims Adjuster category. Specifically, applicants must submit documentation of one of the following:
1. The President of the United States, or a state statute, or a local ordinance has declared a disaster event;
2.The Property Claims Service of the American Insurance Services Group has assigned a catastrophe serial numberto thedisaster site; or
3. Property damage at the disaster site exceeds $ 5 million and represents a significant number of claims by an association of insurance companies representing at least 15 percent of the property casualty market in the U.S.
The TN visa regulations otherwise do not specifically define the types of Disaster Relief Insurance Claims Adjuster 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.
Revised Aug. 22, 2018.