TN Visa – Teacher (College)

NAFTA Requirements for TN Visa as a College Teacher.

1. Basic Qualifications:

To qualify for TN status under NAFTA as a Teacher (College), an applicant must possess one of the following:

1. A Bachelor’s (Baccalaureate) degree; or

2. A Licenciatura Degree.

2. History of Category:

The College Teacher occupation 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 status only to Canadian citizens. The College Teacher occupation was carried over and included in the NAFTA list of available occupations in 1994. See 58 FR 69205 (Dec. 30, 1993).

3. Degree Requirements:

Immigration inspectors routinely require a specific degree in the occupational field in order to qualify for TN visa status. This is often contrary to the government's own guidance on the issue. The regulations governing TN visa status generally do not provide any guidance on the type of degrees  or majors suitable for a particular TN occupational category. Instead, we must turn to internal U.S. immigration memoranda for more information.

To qualify for TN visa status under a category that requires the possession of a Baccalaureate or Licenciatura degree, U.S. immigration memoranda state that the degree possessed by the TN applicant “should be in the field or in a closely related field.” Cronin, Memo (July 24, 2000). To determine the types of degrees suitable for a College Teacher for purposes of a TN visa, we may refer to U.S. Department of Labor publications such as the Occupational Outlook Handbook (OOH). See Royal Siam Corp. v. Chertoff, 484 F.3d 139, 145 (1^st Cir. 2007).

Read more about the TN visa degree requirements.

4. Permissible Job Duties:

The TN visa laws and regulations do not specifically define the types of positions or job duties permissible under the TN occupational categories. Under INA § 214 (e), a citizen of Canada or Mexico may enter the U.S. under TN visa status “to engage in business activities at a professional level” in one of the professions set forth in Appendix 1603.D.1. INA § 214 (e); 8 C.F.R. § 214.6 (a).

The regulations define “business activities at a professional level” as “those undertakings which require that, for successful completion, the individual has a least a baccalaureate degree or appropriate credentials demonstrating status as a professional in a profession set forth in Appendix 1603.D.1." 8 C.F.R. § 214.6 (c).

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 of a College Teacher for purposes of a TN visa.

5. TN Visa Teacher (College) Articles:

• Teacher TN Visas.

6. References:

• 8 C.F.R. § 214.6 (c).
• OOH, Teachers—Postsecondary (2010-11).

Revised March 19, 2010.