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TN Visa Special Cases: Scientific Technician/Technologist

The TN scientific technician/technologist visa allows a foreign national to come to the United States to work for and assist a professional who works in one of ten specified scientific fields. There is no bachelor or Licenciatura degree requirement. The criteria for this category is somewhat ambiguous, so it is recommended that the application is carefully drafted to explain criteria eligibility in detail and be accompanied by sufficient documentary evidence in order to avoid a denial. If you have questions about the TN visa and would like to consult with an attorney, contact The Law Firm of Shihab & Associates. We have over 50 years of combined legal experience in a wide variety of complex and immigration law matters.

What Is a Scientific Technician/Technologist?

In order to qualify for the TN category of Scientific Technician/Technologist visa, you must present evidence to establish that you have theoretical knowledge of one of the following scientific areas: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics. You must also establish that you can solve practical problems in one of those scientific areas, or you can apply principles of one of those areas to basic or applied research.

What Level of Education Is Required?

Although it was previously not required to have a certain level of education, the requirement now is that you should have gained theoretical knowledge in one of the listed scientific areas by successfully completing at least two years of training in a relevant educational program, which may be documented by a diploma, certificate, or transcript along with documentation of relevant work experience.

The Purpose of the Position Must Be to Provide Support to a Professional

You must be coming to the US to provide direct support to an individual who is a professional in the same scientific field in which you have theoretical knowledge. You are required to have a job offer from that professional, and the offer must state that your work will be interrelated with the work of the professional. This means that your work must be managed, coordinated, and reviewed by the professional supervisor, and your work must provide input to that professional supervisor’s work. The application should be accompanied by a support statement that provides the job duties of the professional supervisor, why your services are required of the professional supervisor, how your job duties are interrelated with those of the professional supervisor, and an explanation of how the professional supervisor will manage, coordinate, and review your work.

The Work Must Be Primarily to Design and/or Develop Technology

You must establish that your work will involve the solving of practical problems or the application of principles to research. The work cannot be of a construction or building nature, such as carpenters, electricians, welders, or other types of work wholly consisting of installation, repair, or maintenance of equipment even if the work is specialized for a particular industry.

If you would like further information about the TN visa or any other immigration matter, please contact our immigration attorneys at The Law Firm of Shihab & Associates to schedule a consultation with an attorney at an office near you.

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