TN Visa: Plant Breeder

Background of Plant Breeder TN Visa Category

  • The TN visa occupational category for Plant Breeders 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 Plant Breeders 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 Plant Breeder Applicant Requirements:

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

    • Bachelor’s (Baccalaureate) degree

    • 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 Plant Breeder 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).

TN Visa Plant Breeder Job Duty Requirements:

  • The TN visa regulations do not specifically define the types of Plant Breeder positions or job duties that are permissible under this TN category.

  • The legacy INS’ NAFTA Handbook provides additional notes on this TN visa category, and states that Plant Breeders “breed…plants to improve their economic and aesthetic characteristics." NAFTA Handbook, pg. 137 (1999).

  • 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.