Chapter 6 - Requirements for Specific Occupations

The following sections provide further guidance on TN admissions sought in specific occupations.^[1] A TN applicant must demonstrate that he or she will perform the duties described below. A job title or the employer’s categorization of the job does not establish eligibility.^[2]

A. Scientific Technician/Technologist

Eligibility for admission as a Scientific Technician/Technologist (ST/T) under the provisions of the United States-Mexico-Canada-Agreement (USMCA) requires, among other things, that the alien is a businessperson possessing:

• A theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and
• The ability to solve practical problems in any of those disciplines, or the ability to apply the principles of any of those disciplines to basic or applied research.^[3]

1. Direct Support of Supervisory Professional

Aliens in the ST/T category must be coming to work in direct support of a supervisory professional.^[4] The supervisory professional must individually qualify as a professional in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics.^[5] Regardless of the ST/T’s individual qualifications, the supervisory professional’s duties being supported by the ST/T must be within the duties of a qualified professional in one of these listed fields.

The footnotes to the appendix found in 8 CFR 214.6(c) are specific as to the fields, and by extension the professions that an ST/T may support. Note 6 does not include any work involving the support of a professional who is providing patient care, because neither the field of medicine nor that of patient care are fields identified in note 6.

A radiologic technologist who supports a physician that is providing patient care would therefore not qualify under note 6. The fact that a physician (for instance, a radiologist) may have studied or have expertise in biology, chemistry or physics is not relevant; what is relevant for purposes of the ST/T TN classification is whether the radiologist is providing patient care and the TN applicant is seeking to provide direct support to the radiologist in providing patient care.^[6]

On the other hand, an alien might qualify as an ST/T if, for example, he or she is engaged in research that supports a professional who may be a physician (among other qualifications) but is working as a biologist or chemist, and not as a physician whose role is providing patient care.^[7]

Moreover, a general offer of employment is not sufficient, by itself, to qualify as an ST/T. The offer must demonstrate that the work of the ST/T will be directly relevant to supporting the duties required of the supervisory professional, meaning the work must be managed, coordinated, and reviewed by the professional supervisor and must also be in direct support of the supervisory professional’s own work.

2. Nature of the Work Intended to Support the Supervisory Professional

The ST/T’s position in the United States must primarily involve activities that are consistent with an ST/T. Whether a particular job is that of an ST/T is determined by the primary activity the alien will perform, not by the title of the position offered. In determining said primary activity, occasional or merely incidental hands-on work by the supervisory professional is not disqualifying.^[8]

The alien should not be coming to do work that is normally performed by the construction trades (such as welders, boilermakers, carpenters, electricians), even where these trades are specialized to a particular industry (for example, aircraft, power distribution). Such aliens are not admissible as ST/Ts.^[9]

In determining whether the activities to be performed are qualifying, officers must consider all the facts presented and not rely solely on one source or piece of evidence in making this determination.

In this regard, officers may consult the U.S. Department of Labor’s (DOL) Occupational Outlook Handbook (OOH) and other reliable sources, such as DOL’s Standard Occupational Classification (SOC) system,^[10] in determining whether proposed job functions are consistent with those of a scientific technician or technologist. Officers must consider all of the alien’s documented training and experience. In all cases, officers must evaluate eligibility for TN classification based on the primary activity and not simply by the job title.

Neither the OOH nor the SOC, however, are specific to the requirements of the TN classification and are not determinative. Instead, these references must be weighed considering all the facts presented.

3. Training or Education Required

The ST/T’s theoretical knowledge in the specific discipline generally should have been acquired through the successful completion of at least 2 years of training in a relevant educational program. Such training may be documented by presentation of a diploma or certificate. An ST/T is not required to have a baccalaureate degree and may instead provide documentation of extensive work experience directly related to the profession. USCIS weighs the lack of degree in consideration of the entire record.

B. Other Specialty Occupations

1. Medical Laboratory Technologist (Canada) and Medical Technologist (Mexico and United States)

An alien in this category must be seeking temporary entry to perform in a laboratory chemical, biological, hematological, immunologic, microscopic, or bacteriological tests and analyses for diagnosis, treatment, or prevention of diseases.^[11] The alien must present the health care worker certification described in this chapter.

2. Physician (Teaching or Research Only)

Foreign medical school graduates seeking temporary entry in this category may not engage in direct patient care. Patient care incidental to teaching or research, however, is permissible.^[12] To determine if the patient care will be incidental, examples of relevant factors include, but are not limited to:

• The amount of time spent in patient care relative to teaching or research;
• Whether the physician receives compensation for patient care services;
• Whether the salary offer is so substantial in teaching or research that direct patient care is unlikely; and
• Whether the physician will have a recurring or scheduled patient load.

3. Registered Nurses

Registered nurses must demonstrate eligibility for TN status based on this specific occupation by providing a provincial or state license or licenciatura degree.^[13] However, in order to be admitted as a TN nonimmigrant, the registered nurse must present a permanent state license, a temporary state license, or other temporary authorization to work as a registered nurse, issued by the state nursing board in the state of intended employment.^[14] Admission of nurses should not be limited to the expiration date of these documents.

In addition, registered nurses must present a certificate from the Commission on Graduates of Foreign Nursing Schools or an equivalent credentialing organization.^[15]

4. Sylviculturists and Foresters

Sylviculturists^[16] and foresters plan and supervise the growing, protection, and harvesting of trees. Range managers improve, protect, and manage rangelands to maximize their use without damaging the environment. A baccalaureate or licenciatura degree in forestry or a related field or a state or provincial license is the minimum entry requirement for these occupations.^[17]

5. Disaster Relief Insurance Claims Adjusters

Disaster relief insurance claims adjusters must submit documentation that there is a declared disaster event. In general, an event can only be considered a disaster event upon declaration by at least one of the following:

• The President of the United States;
• A state statute or a local ordinance; or
• The Property Claims Service of the American Insurance Services Group through the assignment of a catastrophe serial number to the disaster event site.

An association of insurance companies representing at least 15 percent of the property casualty market in the United States may also declare a disaster if associated property damage exceeds $5 million and represents a significant number of claims.

6. Management Consultants

Management consultants provide services that improve the managerial, operating, and economic performance of public and private entities by analyzing and resolving strategic and operating problems to improve the entity’s goals, objectives, policies, strategies, administration, organization, and operation.

To demonstrate eligibility for TN status based on this specific occupation, an alien must show:

• Proof of a baccalaureate or licenciatura degree;
• Equivalent professional experience as established by a statement or professional credential attesting to 5 years’ experience as a management consultant; or
• Professional experience in a field of specialty related to the consulting agreement as evidenced by 5 years’ experience.^[18]

Management consultants are usually independent contractors or employees of consulting firms under contracts to U.S. entities. A management consultant may be a salaried employee of the U.S. entities to which he or she is providing services but may only fill irregular or non-routine temporary positions. If the employer is a U.S. management-consulting firm, the alien may be admitted temporarily to fill an otherwise permanent position.

7. Computer Systems Analyst

A computer systems analyst requires a baccalaureate or licenciatura degree. In the alternative, the analyst may have a post-secondary diploma or certificate and 3 years' experience.^[19] An acceptable post-secondary diploma is a credential issued, on completion of 2 or more years of post-secondary education, by an accredited academic institution in Canada or the United States.^[20]

An acceptable post-secondary certificate is a certificate issued upon completion of 2 or more years of post-secondary education at an academic institution, by the federal government of Mexico or a state government in Mexico, an academic institution recognized by the federal government or a state government, or an academic institution created by federal or state law.^[21]

While systems analysts may perform some programming, this category does not include programmers. A systems analyst is an information specialist who analyzes how data processing can be applied to the specific needs of users and who designs and implements computer-based processing systems. Systems analysts study the organization itself to identify its information needs and design computer systems that meet those needs.

8. Hotel Managers

Hotel managers must possess a baccalaureate or licenciatura degree in hotel or restaurant management. A post-secondary diploma in hotel or restaurant management plus 3 years of experience in the field is also sufficient to show a TN applicant qualifies under this specific occupation.^[22]

9. Animal and Plant Breeders

Animal and plant breeders breed animals and plants to improve their economic and aesthetic characteristics. Both occupations require a baccalaureate or licenciatura degree.^[23]

10. Economists

An economist must have a baccalaureate or a licenciatura degree.^[24] Whether a particular job is that of an economist is determined by the primary activity, not by the title of the job. For purposes of the TN classification, the profession of economist does not include positions where the duties are primarily the activity of other occupations, such as those performed by financial analysts, market research analysts, and marketing specialists.

Economists generally specialize in either microeconomics (analyzing the behavior of individual people and firms with the aim of understanding the relationships between supply and demand) or macroeconomics (analyzing aggregated indicators to determine how different sectors of the economy relate to each other).^[25] In addition to these two broad focus areas, economists may apply economic analysis to issues in a variety of fields, such as labor, international trade, development, econometrics, education, health, and industrial organization, among other fields.

The DOL’s Standard Occupational Classification (SOC) system^[26] defines economists as conducting research, preparing reports, or formulating plans to address economic problems related to the production and distribution of goods and services or monetary and fiscal policy.^[27] Economists may collect and process economic and statistical data using sampling techniques and econometric methods.^[28]

The SOC’s definition of the economist occupation specifically excludes the occupations of market research analyst and marketing specialist (SOC #13-1161).^[29] To be consistent with the SOC, USCIS does not consider the economist occupation to include persons engaged primarily in activities associated with market research analysts and marketing specialists, as described in the SOC and the Occupational Outlook Handbook (OOH).

11. Engineers

A baccalaureate or licenciatura degree or a state or provincial license is required to qualify for TN nonimmigrant status under the occupational category for engineer.^[30] The degree must be in the related engineering field. Officers may refer to DOL publications, such as the OOH, to determine the types of degrees suitable for engineers.

An engineer may not fill computer-related jobs unless he or she has credentials as a computer or software engineer in a bona fide engineering specialty offering full engineering credentials, such as professional engineering licenses.

Footnotes 

[^ 1] See USMCA Appendix 1603.D.1. See the footnotes to the appendix found in 8 CFR 214.6(c).

[^ 2] In certain cases, the officer may determine that a foreign health care worker certification is required. See 8 CFR 212.15(k).

[^ 3] See USMCA Appendix 1603.D.1. See the footnotes to the appendix found in 8 CFR 214.6(c).

[^ 4] See USMCA Appendix 1603.D.1, footnote 5. See 8 CFR 214.6(c), n. 6.

[^ 5] See 8 CFR 214.6(c), n. 6. The ST/T applicant is not required to have been trained in or normally be employed in the same discipline as the supervisory professional he or she is supporting. However, if the ST/T applicant is normally engaged in a different discipline, there must be an articulable relevant nexus between the ST/T applicant’s experience and training and the performance of the duties required to provide direct support to the supervisory professional. For example, if the applicant for TN classification as an ST/T has training and experience only in the field of astronomy and cannot demonstrate relevant training and/or professional experience performing duties that are required to support a meteorologist, he or she would not qualify for TN classification as an ST/T supporting a meteorologist under 8 CFR 214.6(c), n. 6. The alien may, however, qualify were he or she seeking to provide direct support to an astronomer.

[^ 6] For the same reason, this analysis would apply to Polysomnographic Technologists, Cardiovascular Technicians, Sonographers, Medical Dosimetrists, Nuclear Medicine Technologists, and other occupations working in support of physicians providing patient care.

[^ 7] While USCIS has in the past approved certain ST/Ts supporting physicians providing patient care, there has not been a formal USCIS policy regarding adjudication of ST/Ts who provide patient care, nor has there been a consistent past practice within USCIS or as between USCIS adjudications and U.S. Customs and Border Protection (CBP) admissibility determinations. Therefore, this guidance does not constitute a change in practice or policy but rather constitutes an effort by USCIS to provide policy guidance to adjudicators to ensure consistent adjudications with respect to ST/Ts seeking TN classification under and consistent with DHS regulations at 8 CFR 214.6(c) and note 6.

[^ 8] The officer determines what is ‘occasional’ or ‘incidental’ on a case-by-case basis.

[^ 9] See 8 CFR 214.6(c) which excludes construction trades as eligible, stating that, “A business person in this category must be seeking temporary entry for work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics.”

[^ 10] Federal statistical agencies use the SOC system to classify workers into occupational categories. The system classifies all workers into one of 840 detailed occupations according to their occupational definition. To facilitate classification, detailed occupations are combined to form 461 broad occupations, 97 minor groups, and 23 major groups. Detailed occupations in the SOC with similar job duties, and in some cases skills, education, or training are grouped together.

[^ 11] See 8 CFR 214.6(c), n 7.

[^ 12] Patient care is incidental when it happens in conjunction with the physician’s teaching or research.

[^ 13] See 8 CFR 214.6(c).

[^ 14] See INA 212(m)(1)(C).

[^ 15] See 8 CFR 212.15.

[^ 16] Sylviculture is the growing and cultivation of trees.

[^ 17] See 8 CFR 214.6(c).

[^ 18] See 8 CFR 214.6(c).

[^ 19] See 8 CFR 214.6(c).

[^ 20] See 8 CFR 214.6(c), n. 3.

[^ 21] See 8 CFR 214.6(c), n. 4.

[^ 22] See 8 CFR 214.6(c).

[^ 23] See 8 CFR 214.6(c).

[^ 24] See 8 CFR 214.6(c).

[^ 25] DOL’s Bureau of Labor Statistics (BLS) provides a formal description of the economist occupation on its Occupational Outlook Handbook (OOH) webpage.

[^ 26] Federal statistical agencies use the SOC system to classify workers into occupational categories. The system classifies all workers into one of 840 detailed occupations according to their occupational definition. To facilitate classification, detailed occupations are combined to form 461 broad occupations, 97 minor groups, and 23 major groups. Detailed occupations in the SOC with similar job duties, and in some cases skills, education, or training are grouped together.

[^ 27] SOC system definition of Economist (#19-3011).

[^ 28] SOC system definition of Economist (#19-3011).

[^ 29] TN nonimmigrant economists are defined by qualifying business activity.

[^ 30] See 8 CFR 214.6(c).