TN Visa – Teacher (University)
NAFTA Requirements for TN Visa as a University Teacher.
1. Basic Qualifications:
To qualify for TN status under NAFTA as a Teacher (University), an applicant must possess one of the following:
1. A Bachelor’s (Baccalaureate) degree; or
2. A Licenciatura Degree.
2. History of Category:
The University 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 University 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 University 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:
As stated in the TN visa regulations, the TN visa classification for teacher generally only permits teaching at the post-secondary level (college or university). If an individual wants to teach at the elementary or secondary level, he/she may have to pursue an alternative non-immigrant visa classification like the H-1B or J-1 visa.
On the other hand, the TN visa regulations do not specifically define the types of college or university teaching 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 of a University Teacher for purposes of a TN visa.
Read more about TN visa job duties.
5. TN Visa Teacher Articles:
6. References:
- 8 C.F.R. § 214.6 (c).
- OOH, Teachers—Postsecondary (2010-11).
Revised March 19, 2010.