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."

How does a Mexican get a NAFTA TN VISA?

Mexican citizens may apply at consular sections around the world for a NAFTA professional (TN) visa. To receive a TN visa, you must submit the following forms and documentation:

1. Form DS-156, Nonimmigrant Visa Application completed and signed

2. Form DS-157, Supplemental Nonimmigrant Visa Application by male applicants between 16-45 years of age

3. A passport valid for travel to the U.S. and with a validity date at least six months beyond your intended period of stay in the U.S.

4. One 2x2 photograph. (A photograph is not required if you are applying in Mexico.)

5. Your employer in the U.S. must provide a Letter of Employment in the U.S. The letter must indicate that the position in question in the U.S. requires the employment of a person in a professional capacity, consistent with the NAFTA

How does a Canadian get a NAFTA TN VISA?

Canadian citizens are not required to obtain a visa, but instead receive TN status with the USCIS at a "Class A" port of entry or at U.S. Preflight Inspection Stations. To receive TN status, you may have to submit the following documents at the port of entry:


1. Proof that you are a Canadian citizen - Original passport or birth certificate

2. A letter from the prospective U.S. - based employer offering you a job in the U.S., which is included on the professional job series (NAFTA list)

3. College degrees and employment records establishing your qualification for the prospective job

4. Proof of a license to practice the profession if one is required in the state of intended employment

Simply present these documents at the port of entry to USCIS, the consulate or the port officer and you will be given TN status . You can renew your TN visa Indefinitely. Your children will get TD status if under 21 and can attend school in the U.S. and your spouse can work. You must be able to show that you intend to depart the U.S. upon completion of your professional activities within the U.S.

NAFTA Visas ("TN" Visas)--who can get them? And what are the qualifications?

NAFTA Visas are available to professionals who are citizens of Mexico and Canada under the North American Free Trade Agreement. The government has a list of professions that qualify as NAFTA professions. Even assuming a Canadian and Mexican immigrant meets the "profession" requirement, there are other requirements that must be met before the immigrant can qualify for a NAFTA Visa. Those requirements are as follows:

The profession must be one that is recognized under NAFTA.
The NON-immigrant must possess the specific criteria for that profession.
The position must require a worker in that professional capacity.
The employer must be an American employer

Employers must fill out form I-129 http://www.uscis.gov/files/form/I-129.pdf

Canadians and Mexicans have special immigration privileges

Because of NAFTA (North American Free Trade Agreement) Canadians and Mexicans have special privileges that other immigrants don't have with respect to working in the United States without a visa, or visiting the United States in the case of Canadians who are particularly favored in the United States perhaps more than any other group of foreign nationals. Canadians do not need a visa or passport to enter the U.S. for visiting purposes. Canadians and Mexicans can work without visas in certain cases such as:

Canadians
1. Language translation jobs where the Canadian citizen is an interpreter (canada)
2. tour conductor where the tour originates in Canada and us mostly in Canada
3.consulting in public relations and advertising, (Canada or Mexico)
4. research and design for a company (canada or mexico)
5. supervisor of harvesting agricultural crops (owner only) (canada or mexico)
6.purchasing a company (located in Canada or Mexico)
7. servicing equipment or machinery for sale (Canada or Mexico)
8.transporting goods or passengers into the U.S. (Canada or Mexico)

This list is not exhaustive.