Questions

From the Op Instructions

OI Section 214.6:

"The regulations state that, to qualify for Schedule 2, the Canadian citizen must possess the minimum of a baccalaureate degree, unless otherwise specified. There is no requirement that the baccalaureate be gained in a four-year academic program. Three-year baccalaureate programs are common in Canadian colleges and universities, and are qualifying for Schedule 2."

http://www.naftatnlawyer.com/insoperati ... uctions21/

Glad to clear things up for you... your guru stature can always use polishing.

I like B. Zuccaro for many things on his website but there are varying legal opinions on this and you will find that out if you inquire around, there are others that will indicate otherwise, without getting into a big squabble over it. Indeed I was told the opposite and I trust that source beyond a doubt with full due respect to Brian Zuccaro.

Brian is not the source, the INS manual is the source.

I got it in writing actually from a degreed Lawyer who is practicing U.S. Immigration Law in the state of New York. I will emphasize again, I received the statement in writing.


As Reba would say, let's just agree to disagree.

Alright, apparently I've managed to start a debate. I agree, I have not been able to find anything that says that it must be a 4 year degree which is why I was hoping someone on this site could give me proof either way.

I guess I'm just too scientific wanted something written that states what the rules are, gotta love it when everything is left in the hands of one person who can choose whether to admit me or not.

Thanks for all your help and please let me know if you find something definitive about whether the 3 year would be accepted.

You might and could get a TN with just a 3-Year Bachelor's. But I don't particularly enjoy endangering other people's safety. That is just a legal shakedown if you like.

I think many TN applicants fail to realize that these are legal applications at the border and there are inherently bad consequences when things are not done correctly or are misinformed.

As always, it is your risk to take. But I was issued this statement in writing and that is what I based my input on.

setarei, perhaps the folks at http://www.tnvisaexpert.com/ can help with some of your questions.

Hi Setarei,

If you like you can consult with a lawyer for clarification but if this makes you feel any better....

As far as I know based on experience and research, a Bachelor Degree is required for whatever profession it's connected to under NAFTA for a TN Visa.... Under 8CFR 214.6, Appendix 1603.D1. it only states the respective occupations along with either a Baccalaureate orLicenciatura Degree. They do not state 3 or 4 year specifics along with the Bachelor Degree. Only a Post Secondary Diploma states such specifics.

OR a 3 Year Diploma along with three years experience. The 3 years relatable work experience is equivalent to 1 year of post secondary education in adjacent to the particular degree.

However,

A 4 Year degree equivalent to that of a U.S. degree is required for an H1B visa. Or 13 years of education and a 3 year degree. Or 3 years experience plus (in connection with) 3 year degree...etc.

-- Wed Sep 23, 2009 7:46 pm --

And yes, TN Visa Expert as Reba says is also helpful:)

A baccalaureate degree is a baccalaureate degree. If from a Canadian University, it will be fine. I have never turned anyone down for a TN for having a three year vs. a four year. Only an Officer that has never seen one would question it, but I doubt it.

I got it in writing actually from a degreed Lawyer who is practicing U.S. Immigration Law in the state of New York. I will emphasize again, I received the statement in writing.


As Reba would say, let's just agree to disagree.

You know lawyers, they like to take straightforward issues and make them seem complicated, makes them feel like 'artistes'. TN is really designed to short-circuit the lawyers, so they need to get theior mitts in whenever they can.

And I'm sure the poster who said their lawyer told them they must get a consular TN can get that in writing to.

We can disagree, but in this case your lawyer friend is incorrect. And for that lawyer to suggest to a prospective TNer that their degree is no g0od unless they happened to have gone an extra year to an archaic grade in Ontario is -- quite frankly -- ludicrous.

-- Wed Sep 23, 2009 9:54 pm --

... and I am sure you would agree that "agreeing to disagree" leads to the fuzzy logic that this board is rife with.