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Immigration and Nationality Law
Issues to Consider Under the TN Category

The following are issues to consider in assessing one’s eligibility for TN classification.  The information provided below is from the United States Citizenship and Immigration Services regulations and/or the NAFTA Handbook.

Mathematician

Mathematicians include the profession of Actuary.  An applicant for TN status as an Actuary must satisfy the necessary requirements to be recognized as an actuary by a professional actuarial association or society.  A professional actuarial association or society means a professional actuarial association or society operating in the territory of at least one of the parties.

Biologist

An individual applying for TN status to enter the United States as a Biologist may be engaged in the profession of Plant Pathologist.

Management Consultant

The Management Consultant classification can be more complex than other occupations.  The NAFTA Handbook describes management consultants as being individuals who provide services that are
directed toward improving the managerial, operating and economic performance of entities by analyzing and resolving strategic and operating problems, thereby improving the entity’s goals, objectives, policies, strategies, administration, organization and operation.  Moreover, management consultants are generally independent contractors or employees of consulting firms under contracts with U.S. entities.

If the management consultant is an employee of the U.S. entity to which he or she is providing services, the position with the U.S. entity must be
“supernumerary” in nature.  In other words, the position may not be an existing or newly created position.

Computer Systems Analyst

According to the NAFTA Handbook, a systems analyst is an information specialist who analyzes how data processing can be applied to the specific needs of users and who designs and implements computer-based processing systems.  Systems analysts study the organization itself to identify its information needs and design computer systems that meet those needs.  Although the NAFTA Handbook does acknowledge that the systems analyst will do some programming,
it does not recognize programmers as falling under this category.


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