TN Visa – Biologist / Plant Pathologist
NAFTA Requirements for TN Visa as a Biologist or Plant Pathologist.
1. Basic Qualifications:
To qualify for TN status under NAFTA as a Biologist or Plant Pathologist, an applicant must possess one of the following:
1. A Bachelor’s (Baccalaureate) degree; or
2. A Licenciatura Degree.
2. History of Category:
The Biologist 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. The Biologist occupation was carried over and included in the NAFTA list of available occupations in 1994. See 58 FR 69205 (Dec. 30, 1993).
In 1990, the the Canadian Phytopathological Society requested that the occupation of Plant Pathologist be added to the list of professions available for TN visa status. The NAFTA parties agreed to make this addition, and in 2000 the U.S. proposed to include the occupation of Plant Pathologists as part of the Biologist category "because the occupations [were] similar in educational requirements and duties." See 65 FR 79320, 79321-22 (Dec. 19, 2000). The addition was formally adopted in 2004. See 69 FR 60939 (Oct. 13, 2004).
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 a Biologist or Plant Pathologist 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 a Biologist or Plant Pathologist for purposes of a TN visa.
Read more about TN visa job duties.
5. Additional Information:
Individuals working in the field of Biology 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).
- 69 FR 60939 (10-13-04).
- OOH, Biological Scientists (2010-11).
Revised April 9, 2010.