TN Visa – Animal Breeder
NAFTA Requirements for TN Visa as an Animal Breeder.
1. Basic Qualifications:
To qualify for TN status under NAFTA as an Animal Breeder, an applicant must possess one of the following:
1. A Bachelor’s (Baccalaureate) degree; or
2. A Licenciatura Degree.
2. History of Category:
The Animal Breeder occupation 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 status only to Canadian citizens.
In 1990, members of the FTA considered whether alternative credentials to the Bachelor's degree requirement would be accepted for qualifying as an Animal Breeder. See 55 FR 6694 (Feb. 26, 1990). After research and consultation, the FTA members determined that the term "animal breeder" applied to an animal breeder who was a scientist. As result, the group did not modify the bachelor degree requirement for this profession. See 56 FR 11528 (March 19, 1991).
The Animal Breeder occupation was carried over and included in the NAFTA list of available occupations in 1994. See 58 FR 69205 (Dec. 30, 1993).
3. Degree Requirements:
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 Animal 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).
Read more about the TN visa degree requirements.
4. Permissible Job Duties:
The TN visa laws and regulations do not specifically define the types of positions or job duties permissible under the TN occupational categories. 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 of an Animal Breeder for purposes of a TN visa.
The legacy INS’ NAFTA Handbook does provide some additional information on the type of job duties permitted under this TN visa category stating that Animal Breeders “breed animals…to improve their economic and aesthetic characteristics." NAFTA Handbook, pg. 137 (1999).
Read more about TN visa job duties.
5. References:
- 8 C.F.R. § 214.6 (c).
- OOH, Agricultural and Food Scientists (2010-11).
- OOH, Agriculture, Forestry, and Fishing (2010-11).
Revised April 9, 2010.