TN Visa: Mathematician, Statistician, Actuary
BACKGROUND OF 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).
TN VISA APPLICANT REQUIREMENTS
To qualify for TN visa status as a Mathematician, Statistician, or Actuary, an individual must possess one of the following:
- Bachelor’s (Baccalaureate) 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 a Mathematician, Statistician, or Actuary 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).
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 elgibility based solely on a degree in Actuarial Science. See also 8 C.F.R. § 214.6 (c) and n.5.
Read more about the TN visa degree requirements.
TN VISA JOB DUTIES REQUIREMENTS
The TN visa regulations do not specifically define the types of job duties that are permissible under the TN category for a Mathematician, Statistician, or Actuary. 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 these occupations.
Read more about TN visa job duties.
- 8 C.F.R. § 214.6 (c)
- 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).
- Occupational Outlook Handbook (OOH)-Mathematicians
- Occupational Outlook Handbook (OOH)-Statisticians
- Occupational Outlook Handbook (OOH)-Actuaries
Revised Aug. 22, 2018.