TN Visa - Architect

NAFTA Requirements for TN as an Architect.

To qualify for TN status under NAFTA as an Architect, an applicant must possess one of the following:

1. Bachelor’s (Baccalaureate) degree;

2. Licenciatura Degree;

3. State License; or

4. Provincial License.

See 8 C.F.R. § 214.6 (c).

The term “state/provincial license” means “any document issued by a state, provincial, or federal government, as the case may be, or under its authority, but not by a local government, that permits a person to engage in a regulated activity or profession.” 8 C.F.R. § 214.6 (c) n.2.

Occupational Outlook Handbook Guidance.

A TN applicant’s prospective job duties for this category must be consistent with the job duties generally performed by Architects in the field. Inspecting officers will look to the Occupational Outlook Handbook (“OOH”), a manual published by the Department of Labor, for insight on the duties normally required of professionals in a particular profession.

According to the OOH, Architects design the overall aesthetic and look of buildings and other structures. They may be involved in all phases of development of a construction project, from the initial discussion with the client through the entire construction process. Their duties involve designing, engineering, managing, supervising, and communicating with clients and builders.

Architects may provide various pre-design services such as conducting feasibility and environmental impact studies, selecting a site, or specifying the requirements the design must meet. Architects develop final construction plans along with drawings of the structural system; air-conditioning, heating, and ventilating systems; electrical systems; communications systems; plumbing; and, possibly, site and landscape plans. Computer-aided design and drafting (CADD) technology has replaced traditional paper and pencil as the most common method for creating design and construction drawings. Architects may also assist clients in obtaining construction bids, selecting contractors, and negotiating construction contracts.

As construction proceeds, they may visit building sites to make sure that contractors follow the design, adhere to the schedule, use the specified materials, and meet work quality standards. Architects also provide post-construction services, such as facilities management, advisement on energy efficiency measures, and evaluation on how well the building design adapts to the needs of occupants.

State Registration

In the United States, the right to practice architecture and the right to use the title “architect” are granted by state registration boards. Each state and territory in the United States has a governmental authority that registers and regulates architects. Typically, the authority is vested in a State Board of Architecture comprised of architects and lay persons appointed to the board by the governor of the state. Without registration issued by the state board, no one may engage in the practice of architecture nor use the title “architect” within that state.

The National Council of Architectural Registration Boards (“NCARB”) establishes national standards for certifying qualified architects. An inter-recognition agreement exists with Canada where qualifying Canadian architects may become NCARB Certificate holders. This certificate would allow a Canadian Architect in TN status to register with the relevant state board and engage in architectural practice within that state.

References:

• OOH, Architects, Except Landscape and Naval (2008-09).

• The Regulation of Architecture in the United States, National Council of Architectural Registration Boards (August 1999).

Revised July 11, 2008.