How to qualify for a TN Visa as a physician

Physicians and the TN Visa under the USMCA: Eligibility, Requirements, and Patient Care Limitations

Are you a Canadian or Mexican physician interested in working in the United States? Under the USMCA (formerly NAFTA), the profession of a Physician is eligible for TN visa status. However, only those physicians engaged in teaching or research roles qualify. In this article, we cover the specific requirements for a TN visa as a Physician and explain the restrictions related to direct patient care.

What is a Physician for TN Visa Purposes?

Applicants must limit their practice to teaching or research to qualify for TN visa status as a Physician under the USMCA. Direct patient care is generally not permitted except when incidental to teaching or research. This guidance, established in the Bednarz Memo issued on March 13, 1995, clarifies that:

“A TN physician…is limited by the NAFTA and the regulation to teaching and/or research only. There is no provision for a TN physician to engage primarily in clinical, or direct, patient care.”

U.S. immigration inspectors assess incidental patient care by examining factors such as the time spent in teaching/research compared to patient care and whether the physician receives compensation.

How to Qualify for TN Visa Status as a Physician

To qualify as a Physician under the TN visa, applicants must meet these essential requirements:

• Citizenship: You must be a Canadian or Mexican citizen. (Permanent Residents do NOT qualify.)
• Job Offer or Contract: You must have a U.S. job offer or contract with a U.S. client in a teaching or research role.
• Education: You must hold either a Doctor of Medicine (M.D.) or a Doctor en Medicina degree or have a state/provincial license.
• Intent to Return: You must demonstrate non-immigrant intent, meaning the intention to return to your home country after temporary employment in the U.S.

Is Licensure Required for a TN Visa as a Physician?

While a state or provincial license can support a TN visa application, it is not required to obtain the visa itself. However, once entry is granted, licensure may be necessary to practice in the U.S.

TN Visa Category Background for Physicians

The TN visa category for physicians was initially included in the United States-Canada Free-Trade Agreement (FTA) in 1989. It continued as part of the NAFTA and is now under the USMCA. Physicians seeking a TN visa should be aware that only those involved in teaching or research may qualify, and any direct patient care must be incidental to these duties.

Alternative Visa Options for Physicians in Clinical Roles

Physicians seeking to engage primarily in patient care should consider the H-1B visa as an alternative. The H-1B category allows for direct patient care if the physician meets these conditions:

• Licensure: Holds a valid license from the state of intended employment.
• USMLE Exam: Has passed the United States Medical Licensing Exam (USMLE).
• English Proficiency: Demonstrates proficiency in English through an ECFMG exam or graduation from an accredited English-language medical school.

Schedule a Consultation for TN Visa Application Assistance

At Richards and Jurusik, our experienced team focuses on U.S. immigration law, specifically the USMCA and TN Visas. We have assisted thousands of qualified professionals in obtaining TN visa status and are here to help. Contact us today for a consultation with one of our TN visa lawyers.