TN Visa - Mathematician, Statistician, Actuary
Background of Mathematician, Statistician, Actuary TN Visa Category
The TN visa occupational category for Mathematicians 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 Mathematicians was carried over and included in the NAFTA list of available occupations in 1994. See 58 FR 69205 (Dec. 30, 1993). As part of NAFTA, Statisticians were also included within the Mathematician category. Id. In 2004, Actuaries were also added to the Mathematician TN category as a "type of mathematician." 69 FR 60939 (Oct. 13, 2004).
All NAFTA occupations were carried over into the USMCA.
TN Visa Mathematician, Statistician, Actuary Applicant Requirements:
To qualify for TN visa status under the occupational category for Mathematician, Statistician, or Actuary, an individual must possess one of the following:
Bachelor’s (Baccalaureate) degree; or
Licenciatura Degree.
Note for Actuaries:
In the proposal for the addition of Actuary to the NAFTA list of eligible TN occupations, a Bachelor’s degree or Licenciatura degree in Actuarial Science, or recognition as an actuary by a professional actuarial association or society was listed as the acceptable credentials for an Actuary. 65 FR 79321 (Dec. 19, 2000).
When the rule was adopted the government rejected a recommendation that other academic disciplines be considered as the equivalent to a degree in actuarial science. 69 FR 60941 (Oct. 13, 2004).
The government also stated that it was adopting the proposed rule’s language, except that it was listing the profession of Actuary as a footnote to the Mathematician category. Id.
However, the footnote appears to have narrowed the initially proposed requirements by stating that an applicant must satisfy the necessary requirements to be recognized as an actuary by a professional actuarial association or society. Id.
The final rule appeared to no longer allow eligibility based solely on a degree in Actuarial Science. See also 8 C.F.R. § 214.6 (c) and n.5.
Additional information on the educational background of Mathematicians, Statisticians, and Actuaries 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 Mathematician, Statistician, Actuary Job Duty Requirements:
The TN visa regulations do not specifically define the types of Mathematician, Statistician, Actuary 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:
USCIS, Final Rule - Licenses & Actuaries 69 FR 60939 (10-13-04).
American Academy of Actuaries, Comments to Proposed Rule Adding Actuaries to NAFTA (02-20-01).
Legacy INS, Proposed Rule - Adding Actuaries & Plant Pathologists to NAFTA 65 FR 79321 (12-19-00).
Revised April 29, 2023.