TN Visa – Teacher (Seminary)
NAFTA Requirements for TN Visa as a Seminary Teacher.
1. Basic Qualifications:
To qualify for TN status under NAFTA as a Teacher (Seminary), an applicant must possess one of the following:
1. A Bachelor’s (Baccalaureate) degree; or
2. A Licenciatura Degree.
2. History of Category:
The Seminary 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 Seminary 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:
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. To determine the types of degrees suitable for a Seminary 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 (1st 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. 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 Seminary Teacher for purposes of a TN visa.
Read more about TN visa job duties.
5. Compare to R-1 Visa:
The R-1 visa classification provides employment authorization for religious workers to work as ministers, or in a religious vocation or occupation. Recent changes to the R-1 visa classification, which include an I-129 petition filing requirement, extensive supporting documentation, and possible work site inspections, have made the R-1 classification particularly burdensome. Religious workers who are citizens of Canada or Mexico who will teach at a Seminary may find a less onerous process through the TN visa classification under the Seminary Teacher category.
6. TN Visa Teacher Articles:
7. References:
- 8 C.F.R. § 214.6 (c).
- OOH, Teachers—Postsecondary (2010-11).
Revised March 19, 2010.