TN Visa – Astronomer
NAFTA Requirements for TN Visa as an Astronomer.
1. Basic Qualifications:
To qualify for TN status under NAFTA as an Astronomer, an applicant must possess one of the following:
1. A Bachelor’s (Baccalaureate) degree; or
2. A Licenciatura Degree.
2. History of Category:
The Astronomer occupation was initially not included 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. However, the FTA did allow Scientific Technicians the authority to work in support of Astronomers.
Thus, the absence of the Astronomer occupation from the original FTA schedule was considered an oversight, and as result, was included in the final rule implementing the FTA. See 56 Federal Register 480 (Jan. 7, 1991). The Astronomer 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 Astronomer 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 Astronomer for purposes of a TN visa.
Read more about TN visa job duties.
5. Additional Information:
Individuals working in the field of Astronomy who do not have a bachelor's degree, but possess other credentials in the field, may qualify for TN visa status as a Scientific Technician.
6. References:
- 8 C.F.R. § 214.6 (c).
- OOH, Physicists and Astronomers (2010-11).
Revised April 9, 2010.