Canadian wants TN Teaching Job in Hawaii - ask

QUESTION: My husband and I are both Canadian and my husband was offered a
position to study to earn a PHD in Hawaii.  I am a teacher and under TN-1
regulations, they will only grant work visas to teachers at a university,
college, or seminary.  Is there any way for a regular classroom teacher
(elementary or high school) to gain a TN-1 Visa??
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david ingram replies:
Your husband has picked the hardest place for you to go.  As you have found
out, you can not use a TN visa to teach at a K to 12 school in the US or
Mexico.  You "can" get a TN (Treaty NAFTA) visa to teach at a Junior
College, College or University.
What you need is an H1B visa which allows you to teach at any school.
However, Hawaii's school system has an absolute ban on hiring any teacher
who does not already have US residence working credentials.  In no case,
will a Hawaii public K to 12  school recruit a non-work qualified teacher.
The reason is simple.  They have no shortage of US teachers wanting to go
and teach in Paradise.
However, all is not lost.  The odd charter school or other private school
has been known to hire a Canadian or British teacher on an H1B visa.  Start
looking. But, "You" should be prepared to pay the $7,000 to $10,000 legal
fees that someone will want to process the visa.  Remember, you can NOT
apply for a visa on your own.  Only the employer can apply for a visa to
sponsor you but most will not want to pay the fees. AND, you are not really
supposed to pay it.  However, working for $1,000 a month less for 7 months
would serve the same purpose.
And, other than being a teacher, you do not have a lot of chance of getting
a job on your own in Hawaii.  For either a TN or an H1B, the job should be
tied to your degree.  Your best bet might to be a private tutor for a
wealthy family.
Now, if your husband can arrange to get his PHD in California, California is
set up to bring Canadian teachers in.
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