TN Visa: Industrial Designer


Background of TN Visa Category

The TN visa occupational category for Industrial Designers was not listed in the initial version of the United States-Canada Free-Trade Agreement (FTA) in 1989 (the predecessor to NAFTA). See 54 Federal Register 12 (Jan. 3, 1989). The Industrial Designer occupation was later added to the FTA in 1992. 57 FR 33272 (July 28, 1992). It was then carried over and included in the NAFTA list of available occupations in 1994. See 58 FR 69205 (Dec. 30, 1993).

TN Visa Applicant Requirements

To qualify for TN visa status under the occupational category for Industrial Designers, an individual must possess one of the following:
  • Bachelor’s (Baccalaureate) degree;
  • Licenciatura Degree;
  • Post-Secondary Diploma and three years experience; or
  • Post Secondary Certificate and three years experience.
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 Industrial Designers 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.

TN Visa Job Duties Requirements

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

Read more about TN visa job duties.

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References

Revised Oct. 7, 2013.