TN Visa: Occupational Therapist

Background of Occupational Therapist TN Visa Category

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

TN Visa Occupational Therapist Applicant Requirements:

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

    • Bachelor’s (Baccalaureate) degree;

    • Licenciatura Degree;

    • Post-Secondary Diploma and three years of experience; or

    • Post Secondary Certificate and three years of experience.

  • Initially, under the United States-Canada Free-Trade Agreement (the predecessor to NAFTA) it was proposed that an individual could qualify as a Occupational Therapist based solely on possession of a bachelor’s degree. 55 FR 6694 (Feb. 26, 1990). In the final rule adding the occupation to the FTA, a post-secondary diploma with three years’ experience was included as an alternative to the bachelor’s degree requirement. 56 FR 480 (Jan. 7, 1991).

  • 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 an Occupational Therapist 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).

  • Health Care Worker Certificate (Visa Screen) Requirement:

TN Visa Occupational Therapist Job Duty Requirements:

  • The TN visa regulations do not specifically define the types of Occupational Therapist 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.