U.S. Employers not Taking Advantage of TN Visas

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).

us-work-permitNAFTA 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.

About Fadi Minawi

Fadi primarily practices in US Immigration Law. He assists with matters relating to business immigration (including: relocation, expansion, investments, and work visas), litigation, admissibility issues, customs forfeitures and other cross-border issues. Fadi is also a criminal defense attorney and can assist with criminal matters in the US. Read more

  • Mira Freiwat

    Hello John,

    Thank you for your inquiry. We don’t give out quotes via blogs as we need to be able to firstly determine if you qualify, what the best process is for you, and then build a case around that. If you would like a consultation to determine your eligibility you can email me directly at [email protected]. MF

  • John Zhang

    Hey there,

    I am a Canadian holding a TN visa to work in the states on a contract based employment. I am now planning to become an American resident. I wonder how much it would cost if I ask VisaPlace to do the work for me. Your response with more details would be much appreciated.

    Thank you,
    -John

The content and comments of this blog are not legal advise and and may not be accurate or complete. If you require legal advice, contact a licensed legal practitioner directly. If you post on this blog, you assume full responsibility for disclosing your identity to the public and VisaPlace nor its affiliates are not responsible for protecting your privacy nor your identity concerning your participation in our blog and you assume any risks in participating.

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