Learn the Requirements for TN Visa Social Worker Status
The TN visa makes it easy for Mexicans and Canadians in certain specialty occupations to enter the United States to work temporarily. Sixty-three professional occupations qualify for TN visas, one of which is “Social Worker.”
However, individuals must meet certain requirements to qualify for TN visas under the Social Worker category. This article discusses these TN visa social worker requirements. At the end of this article, Canadians and Mexicans interested in working in the U.S. as social workers will be one step closer to obtaining their social worker TN visa.
TN Visa Applicant Requirements for Social Workers. Educational Qualifications
To qualify for a TN visa under the Social Worker occupational category, an individual must have one of the following:
- Baccalaureate (Bachelor’s) degree
- Licenciatura degree
The TN visa regulations indicate that individuals seeking Social Worker TN visas must have a Baccalaureate or Licenciatura degree without providing further guidance on the type of degree or majors required.
However, the U.S. Department of Labor Occupational Outlook Handbook (OOH) provides insights into the type of degree that qualifies someone for the TN visa as a social worker.
The OOH states that social workers need a bachelor’s degree or a master’s degree from a program accredited by the Council on Social Work Education. It adds that the most common requirement for entry-level non-clinical social worker positions is a Bachelor’s degree in Social Work (BSW).
Is a Bachelor’s Degree in Social Work Required for the TN Visa as a Social Worker?
A bachelor’s degree directly in the field of social work is not required to obtain a TN visa as a social worker. A bachelor’s degree in a related field is also acceptable. The most common majors include public policy and social services, psychology, or social sciences. For example, a TN social worker candidate may have a bachelor’s degree in psychology, which is a related field in the context of social work. If an individual does not have a degree in social work, they will need to demonstrate that the non-social work degree qualifies for the “social worker” role they will occupy as a related field.
Is a License Required for the TN Visa as a Social Worker?
This depends on the job duties the TN candidate is expected to fill. If the job offer requires the candidate to fill a clinical role which requires performing diagnosis or treatment, then a license in social work is required in the state where the candidate will be working.
However, if the candidate will be working in a non-clinical role under the supervision of a licensed professional, then licensure is not required under those circumstances.
At the Consular level, we have had success arguing that a license is a post admission requirement in cases where the role requires a license, but the candidate is under the supervision of another licensed professional.
Additional Requirements for TN Visa as a Social Worker
To begin, an individual seeking a social worker TN visa must meet the basic TN visa requirements. These include:
- The individual must be a citizen of Mexico or Canada (Permanent Residents do NOT qualify)
- The individual must have a job offer from a US employer
- The job offer must be temporary (job duration should not exceed three years).
- The job offer must be on the NAFTA job list (in this case, “Social Worker” qualifies as a NAFTA occupation).
- The individual must be performing duties consistent with a social worker under the OOH
- The individual must have the educational and professional qualifications for the job.
- Licensure may also be required if the candidate will be working in a clinical setting.
When applying for a TN visa as a social worker it is very important that the job duties of the applicant’s prospective U.S. employment are in line with what is widely accepted as the job duties for individuals in that occupation.
Any questions? Contact us now.
What is a Social Worker for TN Visa Purposes?
According to the U.S. Bureau of Labor Statistics Occupational Outlook Handbook (OOH), Social Workers are defined as follows for immigration purposes:
“Social workers help individuals, groups, and families prevent and cope with problems in their everyday lives. Clinical social workers diagnose and treat mental, behavioral, and emotional problems.
Social workers typically do the following:
- Identify people and communities in need of help
- Assess clients’ needs, situations, strengths, and support networks to determine their goals
- Help clients adjust to changes and challenges in their lives, such as illness, divorce, or unemployment
- Research, refer, and advocate for community resources, such as food stamps, childcare, and healthcare, to assist and improve a client’s well-being
- Respond to crisis situations such as child abuse and mental health emergencies
- Monitor clients’ situations, and follow up to ensure that they have improved
- Maintain case files and records
- Provide psychotherapy services
Social workers help people cope with challenges in their lives. They help with a wide range of situations, such as adopting a child, being diagnosed with a terminal illness, or preventing and treating substance abuse.
Some social workers get involved at a broad level to help community organizations and policymakers develop or improve social programs, services, and conditions. This is sometimes referred to as macro social work.
Advocacy is an important aspect of social work. Social workers advocate or raise awareness with and on behalf of their clients and constituents. Additionally, they may advocate for the social work occupation on local, state, and national levels.”
Application Process as a Social Worker
The application process for a TN visa as a Social Worker differs slightly for Canadians and Mexicans.
Social Worker TN Application for Canadian Citizens
Canadian Citizens can apply for TN visa social worker status in two ways – either at a U.S. port of entry with Customs and Border Protection or by submitting Form I-129, Petition for Nonimmigrant Worker by mail with USCIS.
U.S. Port of Entry Application with CBP
Applying for a Social Worker TN visa at a U.S. Port of Entry requires no prior application with USCIS. The Canadian candidate only needs to submit their TN documents to U.S. Customs and Border Protection (CBP) officers at any land port of entry or airport preclearance center in Canada when crossing to the U.S.
Adjudication happens on the spot, and if approved, the candidate can enter the U.S. and start working on the same day.
The ease of the application process at a port of entry is one reason the TN visa is one of the most popular and easiest U.S. work visas to obtain.
Application by mail with USCIS
Applying by mail means filing a Form I-129 Petition for Nonimmigrant Worker with USCIS. Canadians using this option need to complete the immigration form, attach supporting documents, and mail it to the USCIS Texas Service Center.
Once USCIS approves Form I-129, the candidate can then apply for admission to the United States as a TN nonimmigrant by providing documentation to a CBP Officer at a U.S. port of entry or at a designated pre-clearance/pre-flight inspection station with proof of their Canadian citizenship and the approval notice for Form I-129.
Applying by mail offers the benefit of knowing the visa approval decision before making travel plans. However, even with an approved Form I-129, an immigration officer may still interview an individual when entering the U.S. Candidates whose responses do not satisfy the officers may still be denied.
Additionally, applying by mail is much more expensive than applying at a U.S. port of entry. The 2024 USCIS fee increase raises the filing fee for I-129 (TN visa category) to $1,015 for large employers with more than 25 employees, and $510 for employers with 25 or fewer full-time employees.
There is also a new asylum program fee of $600 for large employers, and $300 for small employers. Finally, TN applicants who want to file Form I-907 Request for Premium Processing Service along with the Form I-129 Petition to receive a decision within 15 business days, must pay the increased premium processing fee of $2,805.
By contrast, if the TN Petition is submitted at the border with U.S. Customs and Border Protection (CBP), a filing fee of only $56 is required (this includes a $50 TN processing fee and $6 fee for the issuance of the I-94 Arrival/Departure Record Card).
Social Worker TN Application for Mexicans
Unlike Canadians, Mexican candidates have only one way to apply for the TN visa as a Social Worker – applying at a U.S. Consulate or Embassy in Mexico.
Mexican candidates applying for a TN visa need to complete the DS-160 application and file their application at a U.S. Embassy or Consulate in Mexico. Next, they need to schedule a visa interview, prepare for, and attend their interview.
If the visa is approved, the candidate will be issued a TN visa in their passport, which they can use to enter the U.S. and begin working.
Our immigration lawyer is ready to help you with your problems. Contact us and we will solve them!
What are the necessary documents to apply for the TN Visa as a Social Worker?
The documents Canadian and Mexican professionals will need to apply for the social worker TN visa are as follows:
- Proof of Canadian or Mexican citizenship (usually a valid passport)
- TN Support letter (also called TN Employment letter) from the US employer.
- The Employment Contract.
- Work Experience Letter.
- Employer’s materials regarding the Company’s business.
- Proof of your educational and professional qualifications for the position.
- Proof of paying the application fee.
- Proof of the applicant’s strong ties to his or her country of origin.
Challenges with TN Visa Social Worker Jobs
When applying for the TN visa as a social worker, candidates may face challenges when they apply without a Social Work degree or when their job duties include activities that do not align with Social Worker duties.
Challenge 1: Applying for a Social Worker TN visa without a Social Work degree
The biggest challenge with TN visa social worker jobs is getting approved for the TN visa when applying without a Social Work degree.
Remember that the TN visa regulations do not specify the type of degree or major that qualifies an individual for the Social Worker TN visa. The Department of Labor OOH is usually consulted to determine the type of degree that qualifies an individual for the TN Social Worker. The OOH states that the most common requirement for entry-level non-clinical social worker positions is a bachelor’s degree in Social Work.
When candidates apply for the visa with a social work degree, their qualifications are usually not questioned. However, when their degree is not in Social Work, it may be more challenging for them to get approved.
However, it is not impossible to obtain a social worker TN visa without a degree in Social Work. There are cases of people who have successfully applied for and obtained a social worker TN visa with a degree in related courses like Sociology and Psychology.
If the candidate’s degree is not directly in the field of social work, a bachelor’s degree in a related field is acceptable such as public policy and social services, psychology, or the social sciences.
Overcoming this challenge requires addressing the issue in the employer letter and showing that the non-Social Work degree qualifies an individual for the social worker position.
Addressing the issue in the employer letter
When applying for a social worker TN visa without a degree in social work (like a bachelor’s in Psychology), candidates should work closely with their prospective U.S. employers to ensure their TN support letter addresses the issue.
The TN support letter can address this challenge in several ways. It may start by categorically stating that people with the candidate’s degree (like a Psychology degree) usually fill Social Worker roles.
Showing that a non-Social Work degree qualifies an individual for a Social Worker position
Candidates who are applying for a Social Worker TN visa without a degree in Social Work should also prepare to show that their degree has prepared them for a career in Social Work.
One way Social Worker TN visa candidates can do this is to highlight courses in their degree that align with the skills and knowledge required for social work practice. For example, a candidate with a degree in Psychology may mention specific courses taken (such as social psychology, counseling techniques, and research methods) that have contributed to a well-rounded education for a social work role which aligns with the job duties stated in the OOH.
One of the best ways candidates without a Social Work degree can show that their degree qualifies them for the TN Social Worker visa is to obtain an official document from their academic institution such as a letter stating how their degree directly applies to the field of social work. The document may highlight coursework in the candidate’s degree that directly applies to the field of social work. It should also emphasize transferable skills the candidate gained during their studies (such as counseling, research, and understanding human behavior) that are relevant to social work roles.
It can also include practical training components of the candidate’s program (such as internships, fieldwork, or clinical experience) that have equipped them for social worker practice.
Challenge 2: Applying for a Social Worker TN Visa when the job includes duties that do not align with Social Worker duties
Candidates can also find it difficult to get approval for the Social Worker TN Visa if their prospective job includes activities that do not align with the generally accepted duties of Social Workers under the U.S. Department of Labor Occupational Outlook Handbook (OOH). This is because candidates applying for the Social Worker TN visa are expected to perform social worker duties when they enter the US.
The simplest way to overcome this challenge is to work with the prospective U.S. employer to ensure the job duties required for the position are in line with the generally accepted duties of Social Workers of the OOH.
Conclusion
In summary, there is a high demand for social workers in the United States, as numerous individuals, families, and communities across the country require the services of social workers’ to provide support in the community and respond to crisis situations.
Accordingly, seeking a TN visa as a social worker is a viable immigration path for those who satisfy the requirements.
While there are several challenges that can arise when applying for the TN visa as a social worker, an experienced TN visa lawyer can help candidates navigate these challenges and successfully obtain their visa.
This is where TN Visa Experts come in! TN Visa Experts is the go-to immigration expert for TN visas. Unlike other immigration consultants that handle different visa types, we focus on TN visas. So, we understand the intricacies of the TN visa category and will ensure your application is prepared correctly.
We have extensive experience handling TN visa applications, including anticipating and addressing the issues that may arise when applying for TN visas. We give candidates personalized guidance tailored to their individual needs.
Contact TN Visa Experts today and see how we take candidates closer to obtaining their TN visas!
FAQ
How to qualify for TN status as a Social Worker?
To qualify for the TN visa as a social worker, you need to be a Canadian or Mexican with a Baccalaureate or Licenciatura degree in social work from a program accredited by the Council on Social Work Education. You also need a U.S. job offer performing duties that align with those of Social Workers described in the U.S. Department of Labor OOH.
Can I get a TN visa as a Social Worker without a degree?
You cannot get a TN visa as a social worker without a degree because the educational requirement for the TN visa category is a Baccalaureate or Licenciatura degree.