Can TN visa holders study part time?

Great site! Very informative! I currently have a TN, which I will be renewing for the 3rd time next month. I want to go back to school (UofW) on a part time basis (max 2 courses per semester) and continue my BS computer science. My question is, are TN visa holders allowed to go to school? Should I change my status instead?

And yes, I already have a BS EE and work as an engineer (this is how I got my TN), I'm just one of the geeeky ones stupid enough to want a 2nd degree. Thank you!

I'm assuming that UofW is an American univeristy? You would have to check with their office of registrar to find out if you're eligible to study there with your current visa. Its possible that you are, but you would have to pay non-resident tuitions, which can be cost prohibitive.

You might also want to check with an immigration lawyer familiar with TNs to find out if studying part time would affect your work status. I don't think it could, but it can't hurt to find out from a professional first right?

You are allowed to study on a TN Visa. This is assuming you keep working as per the TN.

Thank you!

You can study on the TN but if the primary purpose is study and not work then CBP will take issue and you're arguably failing to maintain your nonimmigrant status. For example if you became a full time student and worked part time under the TN, I would presume that you would not be maintaining your TN status.

Hi I am hoping to get help wrt my situation. I am a Canadian working in the US since 1998. Initially I was on a TN then changed to an H1B....whilst on the H1B I started a post grad degree while working full-time. I changed back to a TN as of January 2008 and was done with 99% of my school. As of today I am completing a paper for my degree....this is the last leg of the pgm but since I am on a TN I'm wondering if I need to get a special visa to continue with the completion of my degree?

I have called the border crossings and am told things like I need to get permission to study here while on a TN or that I need to get an F1 visa concurrently with my TN.....note I am still working full-time while on my TN.......I'm afraid to get a student visa (F1) cos' once that comes to an end I believe u have a limited time to be in the country.

Can someone please help clarify this situation for me....PLEASE?

Thanx a mil,
Frustrated with the US visa program

You can study on TN-1, but it cannot be the principal purpose of your stay in the US. If you're staying in the US purely to study then usually it's F-1 (although it might be J-1, M-1 or H-3 depending on the nature of the degree).

This is a slight modification on the "Studying part-time while on a TN status" issue that's been addressed in a few previous post.

It was resolved that TN status people can study in the US as long as it is not the primary purpose of their stay.

My job as a research biologist in Honolulu currently involves a collaboration with the university of Miami which I hope to turn into a PhD dissertation. I will need to take 3 classes per semester during my first year which would place me in "full-time" status according to the university, although this really only involves 6 hours of classes per week + homeworks.

I was planning on working part-time under my TN (say 20 hours per week) and study the rest of the time. However, the university seems to believe that because I'm studying "full" time according to their definition, this doesn't fit the requirements that studying be "incidental" to my work... They believe I should get a F-1 visa which would prevent me from keeping my off-campus job.

Any ideas on this?

I read that Canadian students only need an I-20 to study in the state and proof of financial support: is it possible for me to get an I-20 and the TN status at the same time?

Thanks for the help!

Marc

Hello Marc,
I am able to study on a part time basis at the University of Washington. However, they consider me as a non-resident, hence the tuition is 3x as much as a resident. Good thing, my company is paying for it. I'm not really sure about your case, it seems to me that you may have to switch to an F1 if you want to study full time and work part time. I'm not an expert on this so please get other peoples opinions. Also, consider the tuition you will be paying, as non-residents, we pay a lot more, can you afford it just by working part time? I am a salaried employee, so technically I dont have to work 40 hours per week, I just need to complete the job before the deadline, so some weeks I work less than 40, some weeks I work 60 hours. Hope this helps.

Joe

I was planning on working part-time under my TN (say 20 hours per week) and study the rest of the time. However, the university seems to believe that because I'm studying "full" time according to their definition, this doesn't fit the requirements that studying be "incidental" to my work... They believe I should get a F-1 visa which would prevent me from keeping my off-campus job.

They're not USCIS and I doubt they're familiar with TN-1 anyway. If you were on H-1B it might be a problem but the regs on TN-1 are several pages shorter and this topic isn't mentioned, nor is it covered in any great detail in any of the USCIS blurb. Ergo it's a grey area.

You can't hold F-1 and TN-1 simultaneously, so the only option is what you originally planned. Given that the law is basically silent on this issue there's no reason not to do it that way.

In some situations there is a difference between "part-time" and "full-time" education, for example to get F-1 it must be full-time; if you enter as a visitor you can study part-time. This is what they're thinking about from the sounds of it but it's not addressed in anything to do with TN-1.

Obviously if you did something to the effect that you no longer qualify for TN-1 status then you'd be breaking the law, but as far as I can tell you're not, in the absence of any specific regulations on the subject. I suspect if you were studying five days a week and working on the weekend in TN-1 then a court would rule you have violated your status, but there's no actual law that says that, essentially it boils down to the fact your primary purpose for being in the US is to work if you are on TN-1. That's the general principle for work permit categories.

What I would suggest is you call USCIS and ask them, can't hurt.