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| Subject: BAFTA Education Requirements |
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NAFTA leaves workers in the lurch with unclear education requirements
Getting a Canadian, American, or Mexican work permit can be relatively simple fare for professionals applying under NAFTA.
However, there can be some rather unpleasant surprises in store at the border for those who don´t look beyond NAFTA for clarification on the "Minimum Education Requirements and Alternative Credentials" for the sixty-three listed professional occupations listed in the agreement.
The treaty lists the professions for which a national of one country can apply to work in another party state. Applicants must meet the listed requirements associated with that profession. The problem is that the treaty does not always define those requirements clearly.
For example, lawyers meet the requirements if they have an LL.B., J.D., LL.L., B.C.L. or licenciatura degree of if they have membership in a state or provincial bar. This requirement is fairly clear. However, it is no so clear for other occupations i.e. general accountants, computer systems analysts, and graphic designers. Such individuals meet the requirements if they have a "baccalaureate degree". The treaty does not specify what field of study the degree must be in for that specific occupation. Can the degree be in a completely unrelated field? If not, how close does the degree have to be?
These questions are being asked with increasing frequency as more business is being transacted across our borders.
NAFTA requires the parties to "endeavour to develop and adopt common criteria, definitions and interpretations for the implementation" of the provisions dealing with temporary entry for business persons. The parties have not entered into anything in writing to provide clarification as to what degrees will suffice for a particular profession.
Citizenship and Immigration Canada´s (CIC) policy manuals state that "In instances where a baccalaureate degree is required, the degree must be in the specific field or in a closely related field." Although the US Department of State´s Foreign Affairs Manual (FAM) does not contain a similar clarification, its officers are applying a similar test. Unfortunately, many questions remain.
For example, would a math degree be sufficiently "related" to the field of accounting, computer systems analysis or graphic design? The answer may be of particular interest to those who have many years of IT experience but who earned degrees in mathematics before degrees in computer sciences were being offered in their universities.
Another example might include an applicant who has been offered a position as a management consultant in an IT company. Would s/he qualify with a degree in computer sciences or be better off with a degree in business administration?
In some occupations, there can even be problems when there is no question that the applicant meets the stated minimal educational requirements as set out in NAFTA. Since July 26, 2004, certain health care workers intending to work in the United States are required to have their credentials evaluated. They must also be in possession of a certificate granted by an approved credentialing organization prior to being granted a work permit. These requirements apply to certain health-care workers listed in NAFTA, although they are not expressly stated there.
An even more interesting example involves the NAFTA occupations of scientific technicians and technologists. NAFTA does not require them to have any degree or diploma of any kind. They simply need to be in "possession of a theoretical knowledge" of one of a dozen disciplines and 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". This would lead the reader to conclude that no formal education is required to apply under this category.
However, a look at the Interpretive Notes published on the website of Foreign Affairs and International Trade Canada proves that this is not necessarily the case. It reads, "Generally, the [scientific technician´s and technologist´s] theoretical knowledge should have been acquired through at least two years of training in a relevant educational program. Such training may be documented by presentation of a diploma or a transcript accompanied by evidence of relevant work experience." This position is shared by the US as well.
To apply under certain occupations, i.e. as an economist, a person must be in possession of a bachelor or licenciatura degree. If the degree was earned outside of Canada, the United States, or Mexico, there is an additional requirement set out by the Americans at 9 FAM 41.59 N7.1 for "an evaluation by a reliable credentials evaluation service specializing in evaluating foreign documentation". The Canadian approach is as follows: "Baccalaureate degrees ... need not have been obtained in colleges or universities in the United States, Mexico or Canada, whereas post-secondary diplomas or certificates should have been earned in one of the three NAFTA countries."
In terms of licensing the issue seems to be clearer. If, say, an American engineer wished to work in Canada s/he would not need to be in possession of a Canadian license at the Canadian port-of-entry. The CIC manual clearly states that "It is not the role of immigration to determine whether or not the applicant has the necessary license or registration to practice a profession in Canada. The employer in Canada and the professional are responsible to ensure that such requirements are met before employment commences". South of the border, licensure to practice a given profession is not a prerequisite to a TN visa.
NAFTA acknowledges the "desirability of facilitating temporary entry on a reciprocal basis and of establishing transparent criteria and procedures for temporary entry". However, lawyers and their clients often have a lot at stake when they have to guess how an officer might interpret some of the more ambiguous requirements of the treaty. This uncertainty can only place all concerned at risk for no good commercial reasons.
THIS ARTICLE CAME OUT IN THE LAWYER WEEKLY REVIEW AND IT WRITTEN BY GUIDDY MAMANN.
Roy
www.cvimmigration.com
[20-10-2007,09:47]
[**.52.219.91]
Roy |
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(in reply to: BAFTA Education Requirements)
Never said I could spell
[20-10-2007,09:48]
[**.52.219.91]
Roy |
(in reply to: BAFTA Education Requirements)
My view is based on the US perspective.
I also know for sure that NAFTA is not anything crystal clear, it has several unclear issues which are determined at the POE, even varies from officer to officer. Meaning, remainign everything the same, a person may or may not be issued TN. Sometimes in depends on the experience of TN officers. That´s why you may find ´Easy POE" list for the TN in the web available.
Sometimes it depends on the word playing ability of the good lawyers. like comp. programmar is not a TN approved profession in the US. So many programmars change their work descirptions as System Analyst which is approved.
How close the degree have to be? Very good question. It is also debatable but I don´t think it is very clear to definie specially in this world of diversity. Surprizingly I see that if you have just a degree in Engineering (Civil, Mech, Elec, Comp) then you can obtain TN in any of the Engineering branch. TN officers only want to see the word "Engineering" in your transcripts, hence it became the safest TN. You have to be smart enough to satisfy the officer that your degree is relavant. I know some guy with Mech Engg. degree got TN as a SA.
I know that position like manager is extreme tough to obtain. I heard many stories of Engineers hired in managerial levels are denied TN, but when the company changed the letter to Engineer then they are approved.
US TN is sort of clear in licensing, like in Engineering it is not a must if you have min´m BS. But if you don´t have BS then you must need US PE. That´s why they use BS or license.
Foreign degree is also clear in the US. If you are holding foreign degrees then you just have to evaluate that by the appropriate agencies.
[20-10-2007,10:06]
[***.254.208.242]
Departed_Canadian |
(in reply to: BAFTA Education Requirements)
Roy
Apart from BAFTA, Canada is a commonwealth member, under the Britich Queen (Crown or Throne or whatever), and at same standard of life and health care as any West Europe country. The question is: while Canada is in grief short of medical doctors, the British qualified docs (having Master, Diploma and MD or PhD, all from UK) why do those docs need to re-qualify in Canada and take further exams?
I know some docs who are hesitant to come here because of that. Do you have a logic explanation to this? Please do.
[20-10-2007,12:34]
[**.109.52.46]
SutarB |
(in reply to: BAFTA Education Requirements)
Sutar,
Just out of my common sense I think though Canada has more similarity to British practice, still docs from everywhere; India... UK or anywhere need to be certified. Health issue is a very vital thing. Each country have their own standrads/practice.
Though this certification/license procedure mustn´t be the same for the docs from Ind/Pk and another from Uk/Australia. Currently they are measured almost in the same scale. This is not fare by any means. Health standards of UK/Aus/all west EU. countries are similar to Canada, a recent study even found Canada is inferior in overall health care system.
Canada must establish some new way to easily certify the physicians from the similar systems for it´s own sake.
[20-10-2007,12:52]
[***.254.208.242]
Departed_Canadian |
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