Many employers do not utilize the option of the TN Visa so many of the talent is gone to waste, instead hiring using H-1B visas. The TN visa category is available for Canadian and Mexican citizens who will work for a U.S. employer as outlined under the North American Free Trade Agreement (NAFTA).
NAFTA has quite a list of varying occupations; most tend not to be specified, so it is more important to look at the positions job qualifies as a profession within NAFTA. Procedures for obtaining the TN Visa differ dependent on which country the individual is coming from, there are different procedures for both Canadian and Mexican citizens.
There are several advantages over the H-1B visas including, there are no annual caps, does not require internal postings for employees or a certified Labor Condition Application from the DOL, TN visa applications do not require LCAs, employers are not required to calculate the DOL’s prevailing wage levels. The government filing fees for TN visa applications are significantly less than the costs and fees for H-1B petitions. Finally, employers are not required to pay for the fees and costs associated with TN visa applications as they are with H-1B petitions.
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