Degree, Post-secondary Diploma, and Post-secondary Certificate Requirements under NAFTA
Baccalaureate or Licenciatura Degree Requirements
TN status under NAFTA is available for only the 63 occupational categories outlined in the NAFTA regulations. Each occupational category has specific requirements for admission and generally requires the possession of a Baccalaureate or Licenciatura Degree.
To qualify under NAFTA, the degree possessed by the TN applicant “should be in the field or in a closely related field.” Michael D. Cronin, Memo to Regional Directors, Guidance for Processing Applicants under NAFTA, in 77 Interpreter Releases 1556-57 (Oct. 30, 2000). Inspecting officers may consider whether a degree in an “allied field” may be acceptable for the particular TN category and are instructed to use “good judgment” in this determination. Id.
Where a TN occupational category requires a Bachelor’s or Licenciatura Degree, an individual may satisfy this requirement by possessing a degree from an educational institution outside of the NAFTA countries (i.e., from a college or university outside the U.S., Canada, or Mexico). Cronin, Memo to Regional Directors, Guidance for Processing Applicants under NAFTA (Oct. 30, 2000).
However, degrees received by a TN applicant from an educational institution outside of the United States, Canada, or Mexico must be accompanied by an evaluation by a reliable credentials evaluation service that specializes in such evaluations. 8 C.F.R. § 214.6 (d) (3) (ii).
Post-secondary Diploma and Post-secondary Certificate Requirements
A Post Secondary Diploma is defined under NAFTA as “a credential issued, on completion of two or more years of post secondary education, by an accredited academic institution in Canada or the United States.” 8 C.F.R. § 214.6 (c).
A Post Secondary Certificate is defined under NAFTA as “a certificate issued, on completion of two or more years of post secondary education at an academic institution, by the federal government of Mexico or a state government in Mexico, an academic institution recognized by the federal government or a state government, or an academic institution created by federal or state law.” 8 C.F.R. § 214.6 (c).
Post-secondary diplomas or post-secondary certificates must be issued from educational institutions located in a NAFTA country in order to be acceptable under the NAFTA regulations. Cronin, Memo to Regional Directors, Guidance for Processing Applicants under NAFTA (Oct. 30, 2000).