Strategies for Using TN Status
The TN-1 NAFTA occupations generally require the minimum of a bachelor's degree to qualify. Other positions require a specific degree, or post secondary diploma* plus experience (e.g., Interior Designer, Hotel Manager, Computer Systems Analyst). While it appears NAFTA may limit individuals who possess a specific formal educational degree that is not on the list (e.g., Visual Arts Degree), NAFTA regulations provide for expanded opportunities for both degreed and non-degreed Canadians to obtain a U.S. work visa.
Degreed TN Professional in an Allied Field
NAFTA allows for Canadians possessing a degree in a related field to qualify for TN-1 status under certain circumstances. For example, a Canadian professional may be seeking to fill a Graphic Designer position for a U.S. company but has a Visual Arts degree, not a Graphic Design degree. The Visual Arts degree is not specifically listed in the NAFTA List of Professional Occupations. However, a review of the person's transcript may disclose classes taken where the knowledge gained could be used to perform graphic design work. Consequently, a TN application could be prepared and presented to U.S. Immigration requesting TN-1 status under the NAFTA Occupation of Graphic Designer.
TN Scientific Technicians/Technologists. NAFTA defines a Scientific Technician as:
"A business person [who] must be seeking temporary entry to work in direct support of professionals in agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics. The individual must have possession of (a) theoretical knowledge of the discipline; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research."
A Scientific Technician must also work in direct support of one of these degreed professionals. While no degree is necessary to be classified as a Scientific Technician/Technologist, an understanding of the particular discipline must be demonstrated by previous education or experience. IT professionals, particularly software engineers and systems analysts, who do not have a bachelor's degree, may still be eligible for a TN-1 work permit under this occupation.
TN Management Consultants
Management Consultants provide services which are directed toward improving the managerial, operating, and economic performance of public and private companies by analyzing and resolving strategic and operating problems and thereby improving the company's goals, objectives, polices, strategies, administration, organization and operation. Canadian citizens may qualify as management consultants by holding a Baccalaureate degree, having five years of experience in the field of management consulting, or having five years of experience in a field of specialty related to the consulting agreement.
In many instances the applicant may not have the formal education to qualify for the listed occupation in NAFTA, but may still be able to obtain a U.S. work visa as a Management Consultant based upon at least 5 years experience in a field related to the prospective position. For example, the U.S. job opportunity may be to head the sales and marketing department for a new company, or an existing company that has experienced poor sales over the past year. The position requires the applicant to develop and implement a new sales and marketing program, to write policies and procedures for that new program, to develop training manuals, and to train employees in the department with the goal to improve the company's sales. The Canadian applicant may have never headed a sales and marketing department before, but held increasingly responsible positions with various prior employers whereby enough experience was gained to demonstrate that success in the prospective U.S. position is obtainable. This applicant would be eligible to apply for TN-1 status under the NAFTA Occupation of Management Consultant.
Click here for a list of Professional TN Occupations Under NAFTA
