Does the Bachelors Degree have to be Specific for TN Visa?

Help... Please... I recently contacted U.S. immigration (very rude and not too helpful) and they told me that if I wish to apply for a TN visa as a social worker I must have a Bachelors Degree. I asked if a Bachelors degree in Human Services would be appropriate and they said no, it must be a Bachelors in Social Work...But yet when I searched many U.S. job postings for social workers, degrees in human services are accepted. What is accepted?

According to the NAFTA Professional Job Series list you do not need a BSW or MSW to qualify in the Social Worker category. You do not even need to be licensed. Often, the USCIS folks that answer the phones do not know the rules.

Appendix 1603.D.1 – Professions Covered by NAFTA

link to the list and requirements
http://www.tnvisaexpert.com/overview/nafta_job_list/

Social worker
Baccalaureate or Licenciatura degree

At the POE they can be pretty specific that the degree match the occupation. It may be that the company accepts the other degree, but as a TN worker they (USCIS) may hold you to having the specific degree. American degree holders (Citizens & LPR's) wouldn't be subject to the scrutinization of USCIS.

You can read up on Appendix 1603.D.1 (available online) for greater detail. I know there have been detailed descriptions (definitions) of various occupations listed here, it wouldn't hurt to look back through old threads.

What is accepted?

Whatever the CBP guy you get happens to be thinking that day, basically. Read the regs posted above but what USCIS says on the phone is not necessarily how the CBP guy you get is going to do it.

Thanks for all the help... Sarnia Girl you said they won''t scrutinize if its an American degree (citizens and LPR) but why would someone who is a citizen or LPR of U.S. be applying for a TN visa in the 1st place? I am attending a program at a university in Buffalo in the fall to get a degree in human services... Since it's an American degree, I won' be scrutinized? But either way I heard that after international students graduate they can apply for OPT -- in order to get EAD and work for one year.. Would that be a better strategy than the TN?

Since it's an American degree, I won' be scrutinized? But either way I heard that after international students graduate they can apply for OPT -- in order to get EAD and work for one year.. Would that be a better strategy than the TN?

It doesn't matter if you have a US or Canadian degree. They are considered to be equivalent.

Yes, you can get up to one year on OPT after you graduate, but I don't see why that's a better strategy than the TN. The TN is valid for up to three years (and you can get a new one after your three years are up) vs. OPT which is only valid for one year and is not renewable.

Actually I think OPT is useful, because the employment authorization is not tied to your job, so you can legally look for work in the US and take pretty much any job you want as long as it's related to your degree. Once you've got the job then you can change status to TN-1.

Thanks for all the help... Sarnia Girl you said they won''t scrutinize if its an American degree (citizens and LPR) but why would someone who is a citizen or LPR of U.S. be applying for a TN visa in the 1st place? I am attending a program at a university in Buffalo in the fall to get a degree in human services... Since it's an American degree, I won' be scrutinized?

What I meant was as an American (US citizen or LPR) applicant to the company, they're not subject to the scrutiny of a USCIS officer, they would simply apply direct with the company and have the ability to use a like or similar degree. They wouldn't be applying for a TN at all.

As a Canadian (CDN citizen) applicant reliant on a successful TN petition in order to receive work authorization to take the job, the CBP officer you deal with at the border may have other ideas and hold you to having the specific degree for the position offered. Although the degree is received in the US, as a Canadian citizen you would still have to meet the criteria USCIS imposes for the TN approval. Optional practical training would be another option.

After I complete the OPT and receive Employment authorization for one year.. can I then apply for a PRC through the EB3 (employment for professionals holding bachelors degree)... I want to gain citizenship in the U.S. so would this be a better solution than getting an H1B sponsorship or TN status (which are for non-immigrants wanting temporary work)?

EB-3 Skilled Worker takes about 3.5 years to get so it's not a practical option as you would have to leave the country and no employer is going to hold the job that long.

The way to do it is to get work authorization in H-1B or whatever and then have the employer file an I-140 for you. This is tricky on TN-1 because it's not dual-status.

Given the current economy in the US I would say that OPT->H-1B->EB-3 is next to impossible because as a recent graduate you probably don't have enough skills to complete the labour certification and you've still got the quota to deal with which makes it hard enough under normal circumstances.

OPT->TN-1->EB-3 is a better idea as there is no labour certification until the employer files the I-140 (and by then you have more work experience), although it has the added complication of consular processing because TN-1 is not dual status.