TN Visa - Medical Technologist
NAFTA Requirements for TN visa as Medical Laboratory Technologist / Medical Technologist.
To qualify for TN visa status under the Medical Laboratory Technologist / Medical Technologist category, an applicant must possess one of the following:
- Bachelor’s (Baccalaureate) degree;
- Licenciatura Degree;
- Post-Secondary Diploma and three years of experience; or
- Post Secondary Certificate and three years’ experience.
This TN category is limited to positions involving work in the following areas: laboratory chemical, biological, hematological, immunologic, microscopic or bacteriological tests and analyses for diagnosis, treatment, or prevention of diseases. 8 C.F.R. § 214.6 (c).
DHS Office of Business Liaison Guidance
According to Employer Information Bulletin 11, an informational document published by the Department of Homeland Security, Medical Technologists “generally have at least bachelor’s degrees in medical technology or life sciences, or a combination of formal training and work experience. They perform complex biological, chemical, hematological, immunological, microscopic and bacteriological tests for the purpose of diagnosing, preventing, or treatment of disease.” This Bulletin also states that this “profession does not include x-ray, radiological, sonogram, nuclear medical, or dental technicians.” Employer Information Bulletin 11.
Health Care Worker Certificate (Visa Screen) Requirement
Individuals applying for TN visa status under the Medical Technologists category may have to obtain a Health Care Worker (Visa Screen) certificate before they are able to obtain TN visa status. See Health Care Worker Certifications.
USCIS has recently stated that medical technology specialists such as nuclear medical technologists and cytotechnologists do not fall within the technologist category. As result, these occupations fall outside the purview of the visa screen certification requirement. According to USCIS, professions not specifically mentioned in the regulation are not subject to the provisions of the regulation. See AILA Liaison/USCIS SCOPS (April 16, 2008).
Note that while USCIS states that these specialists are not subject to the visa screen requirement, it implies that medical technology specialists do not fall within the TN category for general Medical Technologists. As provided in the informational bulletin above, USCISspecifically states that nuclear medical technicians do not fall under the Medical Technologists TN category.
Occupational Outlook Handbook Guidance.
A TN applicant’s prospective job duties for this category should be consistent with the job duties generally performed by Medical Technologist 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. See OOH - Medical Technologist.
Additional Materials:
- Blog Posts - Medical Laboratory Technologist / Medical Technologist.
References:
- Employer Information Bulletin 11 - Employment under NAFTA (March 16, 2005).
- AILA Liaison/USCIS SCOPS (April 16, 2008) - clarifying that specialists in medical technology not subject to visa screen.
- OOH - Clinical Laboratory Technologists and Technicians(2008-09).
- CGFNS - Parameters for Certificates Re. Medical Technologists & Technicians (09-17-2004).
Revised Aug. 5, 2008.