TN Visa - Scientific Technician/Technologist
NAFTA Requirements for TN as a Scientific Technician/Technologist.
To qualify for TN status under NAFTA as a Scientific Technician/Technologist (“Sci/Tech”), an applicant must provide proof of two elements:
(a) Theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and
(b) The ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research.
Additionally, a business person in this category must work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology or physics. 8 C.F.R. § 214.6 (c) and n.6.
Additional U.S. Immigration Guidance.
A U.S. immigration memorandum outlines the following five principles to consider in evaluating the admissibility of TN visa applicants under the Scientific Technician category:
1. Individuals for whom scientific technicians/technologists wish to provide direct support must qualify as a professional in their own right in one of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics.
2. The offer of employment must demonstrate that the applicant’s work will be interrelated with that of the supervising professional.
3. The applicant should have acquired his theoretical knowledge through the successful completion of at least two years of training in a relevant educational program. This may be documented by a diploma, certificate, or a transcript accompanied by evidence of relevant work experience.
4. The applicant’s proposed job functions must be consistent with those of a scientific or engineering technician or technologist as provided for in the Department of Labor’s Occupational Outlook Handbook (“OOH”).
5. An applicant is not admissible where the proposed work is that normally done by the construction trades (welders, boiler makers, carpenters, electricians). Williams Memo (Nov. 7, 2002).
Additional Materials:
References:
- U.S. Department of State Guidance on Sci/Techs (Jan. 8, 2008).
- Cronin Memo (Nov. 7, 2002) (stating that a degree or post-secondary diploma is not required for a Sci/Tech).
- Williams Memo (Nov. 7, 2002) (outlining five principles to consider for Sci/Tech eligibility).
Revised July 8, 2008.