TN Visa Overview

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By: Brian D. Zuccaro

Attorney at Law
Serotte Reich & Wilson
300 Delaware Ave.
Buffalo, NY 14202
P: 716.854.7525
F: 716.854.0294

TN Visa – Psychologist

 

NAFTA Requirements for TN Visa as a Psychologist.


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

  1. Licenciatura Degree; or
  2. State / provincial license.

The term “state/provincial license” is defined as “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) and n.2.

History of Category:

Originally, under the United States-Canada Free-Trade Agreement (FTA), the predecessor to NAFTA, a Canadian citizen could obtain work authorization as a Psychologist based only on possession of a bachelor’s degree. 54 FR 48575 (Nov. 24, 1989).

However, in 1991 the FTA working group increased the requirement for Psychologists to possession of either a state or provincial license. 56 FR 480 (Jan. 7, 1991). The regulation defined the term state or provincial license as “any document issued by a state, provincial, or Federal Government as the case may be, or under its authority, which permits a person to engage in a regulated activity or profession.” 56 FR 480 (Jan. 7, 1991).

The rule implementing NAFTA retained the FTA’s requirements for a Psychologist, but added possession of a Licenciatura Degree (the first tier of higher education in Mexico) as an alternative credential for qualification as a Psychologist. 58 FR 69205 (Dec. 30, 1993). NAFTA also made a subtle change to the term “state/provincial license” to exclude licenses issued by local governments.

References:

Revised Aug. 31, 2008.