NAFTA TN VISAS vs. H-1B VISAS which should you get?

There are similarities and differences between the TN visas and the H-1B Visas. Overall, the TN visas offer more advantages than the H-1B visas.


· TN visas are not subject to an annual cap

· TN visas can be renewed indefinitely

· TN visas cover a broader range of professions and job descriptions

· There are no wage requirements for TN visas

· Canadian citizens can obtain a TN visa at the border, meaning there is no wait for the visa

· A TN visa can be obtained by a person who has held H-1B status for the full six years without fulfilling the requirement of spending one year outside the US, a requirement that must be complied with before obtaining other nonimmigrant work visas

However, the following must be considered before deciding on a TN visa vs. an H-1B Visa:

"Unlike H-1B visas, the TN visa is not a “dual intent” visa. That is, where a person on an H-1B visa may pursue permanent residency without having their visa revoked because they now have immigrant intent, a person on a TN visa cannot pursue permanent residency without risking their TN status.

Also, experience cannot be used as a substitute for the degree requirement

A TN visa can be denied if the Department of Labor certifies that there is a strike or other work stoppage, the resolution of which would be adversely affected by the admission of the TN nonimmigrant

TN visas provide for the admission of those who will be engaged in “activities at a professional level” in the US. “Activities at a professional level” are defined at those that require at least a bachelor’s degree or credentials and experience demonstrating that the person is a professional. Self-employment is not permissible on a TN visa, but the H-1B non-immigrant can work for a company in which they have an ownership interest, even a controlling interest."