Geophysicist. - TN Visa Bulletin - by Brian D. Zuccaro

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TN Visa – Geophysicist or Oceanographer

NAFTA Requirements for TN Visa as a Geophysicist or Oceanographer.

1. Basic Qualifications:

To qualify for TN status under NAFTA as a Geophysicist or Oceanographer, an applicant must possess one of the following:

1. A Bachelor’s (Baccalaureate) degree; or

2. A Licenciatura Degree.

2. History of Category:

The Geophysicist 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 Geophysicist occupation was carried over and included in the NAFTA list of available occupations in 1994. See 58 FR 69205 (Dec. 30, 1993). NAFTA also expanded the TN visa category for Geophysicists to include the Oceanographer occupation. Id.

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 Geophysicist or Oceanographer 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 (1^st 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 Geophysicist or Oceanographer for purposes of a TN visa.