TN Visa: Registered Nurse
Background of Registered Nurse TN Visa Category
The TN visa occupational category for Registered Nurses was first listed in the United States-Canada Free-Trade Agreement (FTA) in 1989. See 54 Federal Register 12 (Jan. 3, 1989). The predecessor to NAFTA, the FTA provided work authorization under TC visa status, which was only available to Canadian citizens.
The occupational category for Registered Nurses was carried over and included in the NAFTA list of available occupations in 1994. See 58 FR 69205 (Dec. 30, 1993). All NAFTA occupations were carried over into the USMCA.
TN Visa Registered Nurse Applicant Requirements:
To qualify for TN visa status under the occupational category for Registered Nurse, an individual must possess one of the following:
State / Provincial License; or
Licenciatura Degree.
The legacy INS' NAFTA Handbook provided additional information on licensing: "The prospective employer must submit evidence that the beneficiary has been granted a permanent state license, a temporary state license or other temporary authorization issued by a State Board of Nursing authorizing the beneficiary to work as a registered or graduate nurse in the state of intended employment in the United States." NAFTA Handbook, pg. 126.
In elaborating on the licensing requirements for Registered Nurses, in a 1989 memo the legacy INS stated that the "other temporary authorization" acceptable for a license “may take varying forms: for instance, a letter or a receipt for processing of the application for permanent licensure.” Puleo Memo. The INS advised its officers to facilitate applications, they should “apply a liberal standard” in assessing this requirement. Id.
The NAFTA Handbook also stated that a Registered Nurse's admission to the U.S. under TN visa status should not be limited to the expiration date of his/her temporary state license or other nursing authorization document. NAFTA Handbook, pg. 136.
Additional information on the educational background of Registered Nurses may be found in the U.S. Department of Labor's Occupational Outlook Handbook (OOH). See Royal Siam Corp. v. Chertoff, 484 F.3d 139, 145 (1st Cir. 2007).
Health Care Worker Certificate (Visa Screen) Requirement:
Individuals applying for TN visa status under the Registered Nurses category have to obtain a Health Care Worker (Visa Screen) certificate before they are able to obtain TN visa status.
TN Visa Registered Nurse Job Duty Requirements:
The TN visa regulations do not specifically define the types of Registered Nurse positions or job duties that are permissible under this TN category.
Like the degree requirement, individuals should refer to the U.S. Department of Labor’s Occupational Outlook Handbook (OOH) for guidance on the generally accepted job duties for this occupation.
More Information:
Articles - Registered Nurse
Revised April 29, 2023.