TN Visa Status as a Teacher

Three of the several listed professions under the US-Mexico-Canada Agreement (USMCA) fall under the teacher category. These include College, Seminary, and University Teachers, typically called postsecondary teachers. This does not include primary or secondary school teachers. We discuss the profession of a Teacher for TN Visa status under the USMCA and how to qualify here.

What is a College, Seminary, or University Teacher for TN Visa purposes?

According to the US Bureau of Labor Statistics Occupational Outlook Handbook (OOH), Teachers fall under the professions of Postsecondary Teachers; these professions are defined as follows for immigration purposes:

Postsecondary teachers instruct students in a variety of academic subjects beyond the high school level. They may also conduct research and publish scholarly papers and books. Postsecondary teachers typically do the following:

  • Develop an instructional plan (known as a course outline or syllabus) for the course(s) they teach and ensure that it meets college and department standards
  • Plan lessons and assignments
  • Teach courses in their subject area
  • Assess students’ progress by grading assignments, papers, exams, and other work
  • Advise students about which courses to take and how to achieve their goals
  • Work with colleagues to develop or modify the curriculum for a degree or certificate program involving in-person, online, or hybrid delivery of course material
  • Stay informed about changes and innovations in their field
  • Serve on academic or administrative committees, as needed

Postsecondary teachers, often referred to as professors or faculty, specialize in a variety of subjects and fields. At colleges and universities, professors are organized into departments by degree field, such as history, science, or business. A professor may teach one or more courses within that department. For example, a mathematics professor may teach calculus, statistics, and a graduate seminar on a topic related to polynomials.

How to qualify for a TN Visa as a College, Seminary, or University Teacher

You might qualify for a TN Visa as a teacher if you meet the following minimum qualifications:

  1. You are a Canadian or Mexican Citizen (Permanent Residents do NOT qualify);
  2. You have a job offer from a US employer or are servicing a contract with a US client;
  3. You will be performing duties consistent with a postsecondary teacher under the OOH;
  4. You have a Baccalaureate or Licenciatura Degree, and
  5. You can demonstrate that you have non-immigrant intent, that is, the intent to return to your foreign residence at the end of your temporary employment.

High School, Middle School, and Elementary School Teachers

Teachers other than college, seminary, or University DON’T qualify under the TN Visa occupation of a teacher. If you teach at the high school, middle school, or elementary school level, you will not qualify for a TN Visa. The H1B visa is more appropriate for teaching at these levels.

Consultation

At Richards and Jurusuk, our legal practice is devoted to U.S. Immigration Laws, focusing on the USCMA and TN Visas. We have helped thousands of qualified professionals successfully obtain TN Visa status to work and live in the United States. Contact us to schedule a consultation with one of our experienced TN visa lawyers to help you with the TN visa application process.

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You may have questions regarding TN Visa qualifications as a Teacher. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.

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