TN Visa: Physician
Background of TN Visa Category
TN Visa Applicant Requirements
- Doctor of Medicine (M.D.).
- Doctor en Medicina.
- State / Provincial license.
Read more about the TN visa degree requirements.
TN Visa Job Duties Requirements
Previously, under the U.S.-Canada Free Trade Agreement (the predecessor to NAFTA), Canadian citizens who graduated from U.S medical schools could obtain “TC” visa status as a Physician and participate in residencies, internships, and direct patient care. See Operations Instruction (OI) Section 214.6.
This is not the case under the current law, according to a legacy INS letter. The NAFTA TN provisions do not distinguish between foreign medical graduates and U.S. medical graduates. Neither group of Physicians may engage in clinical, or direct, patient care under TN visa status. See Bednarz Letter (March 15, 1995).
Physicians under TN visa status may only engage in patient care that is incidental to their teaching or research. See NAFTA Handbook (1999). To determine if patient care is incidental, U.S. immigration inspectors will consider the following factors:
- The amount of time spent in patient care relative to teaching and/or research;
- Whether the physician receives compensation for such services;
- Whether the salary offer is so substantial in teaching and/or research that direct patient care is unlikely; or
- Whether the physician will have a regular patient load. Id.
- Has a license or other authorization from the state of his or her intended employment, if the state requires a license or authorization;
- Has passed the United States Medical Licensing Exam (USMLE); and
- Has competency in oral and written English which is demonstrated by: (a) Having passed the English language proficiency test given by the Educational Commission for Foreign Medical Graduates (ECFMG); or (b) Having graduated from a qualifying accredited school of medicine (whether or not the school is located in the United States). 9 FAM 41.53 N4.2-5.
Read more about TN visa job duties.
Revised May 7, 2014.