Should I apply for a TN visa or H1B visa?

Canadians are often confused whether to apply for TN visa as a TN NAFTA professional, or H1B visa as a temporary worker. We have created a comparison chart for the TN visa and H1B visa to help you decide what type of visa is suitable for you.

TN Visa Status H1B Visa
Application Time Immediate Border Processing Varies from 2 – 6 months
Length of Stay One (1) day  to three (3) years One (1) day to three (3) years
Maximum Period of Stay Unlimited Renewals Generally a max of six (6) years
Renewals TN visas can be renewed at the Border or by mail through a service center. Renewals can only be processed by a service center.
Available Professions Restricted to the professions listed on the NAFTA TN Professions list. Must be a specialty occupation.
Education Required Depends on the profession. Some require the attainment of advanced degrees and others do not require the attainment of a degree. Experience cannot be a substitute for education. Requires the attainment of a Bachelor’s degree or higher in a specialty related to the employment being sought. Experience can be a substitute for education.
Experience Required Depends on the profession. Some require no years of experience, other require several years of experience. No experience required unless specified by the employer or customary for the position being filled.
Wage Requirements None H1B workers must be paid the higher of the prevailing wage as determined by the U.S. Department of Labor (DOL), or, the actual wage paid by the employer to employees in similar positions.
Labor Condition Application None A Labor Condition Application (LCA) must be filed by the employer with the U.S. Department of Labor. This process generally takes 7 business days.
Public Access File None A Public Access File (PAF) must be kept on file for review by request with evidence that all labor and employment conditions have been complied with.
U.S. Government Filing Fees A nominal processing fee is charged at the Port of Entry, around $56 USD. Fees can vary from $1,575 USD up to several thousand USD.

If you’re not sure of whether to apply for a TN Visa or H1B visa, contact us today so we can assist you.

Call today to speak with a U.S. Immigration Lawyer 1-866-697-1832