The H-1B program is quite good for Mexican and Canadian nationals. You can stay and work in the U. You are also ordinarily allowed to leave and return to the U.
Most importantly, the H-1B program allows for something called " dual intent ," an immigration law concept that, while strange, is significant. People in the U. Nonimmigrants cannot, in most cases, have any intention of staying in the U. Immigration law makes a special exception for H-1B workers, however.
It says they can intend to be nonimmigrants and eventually leave the U. This "dual intent" is one of the reasons why H-1B status is so coveted. In certain situations, the law also allows H-1B status holders to extend their stay in the U. The H-1B program isn't without serious negatives. First, if you are seeking an H-1B for the first time, you might have to wait a while.
There are 20, additional visas available to persons with advanced degrees, that is, Master's, Ph. This "H-1B cap" is tied to the U. In addition, U. Historically, USCIS would not accept new H-1B petitions for the next fiscal year until the first five business days of April of the current fiscal year. For fiscal year , USCIS implemented a new and partially revised process, in which employers who wished to sponsor an H-1B worker had to complete an initial online registration between March 1 and March 20, ; then prospective employees selected in that lottery had at least 60 days to file their H-1B petitions.
The registration period ran from noon on March 9 to noon on March 25, , for visa effective dates beginning October 1, The upshot is that if you want to work for a U. Second, you might not even get your petition approved. Although President Biden has started softening some of the harsh policies from the Trump administration, getting an H-1B petition approval has never been routine.
There must be a close connection shown between the degree required for your job and your degree, which must be at least a four-year university degree. Also be aware that some jobs normally do not require a four-year degree, which means it's not worth entering the lottery at all.
Lastly, to maintain H-1B status, you must continue to work with the employer that originally filed the H-1B petition for you. If you ever want to move to a different employer, that new employer first must file an H-1B transfer petition for you. In many cases, however, it's wiser to wait for USCIS to approve the new employer's petition, so that you can be assured that you'll be able to continue working.
The last thing you would want is to start working for the new H-1B employer based upon a pending petition only to have USCIS later deny that petition and leave you without work authorization.
Be sure to check with qualified immigration counsel before choosing to change employers based upon a pending H-1B petition. Nevertheless, the TN visa rules and procedures are mostly unaffected by the new trade agreement. Other than these, no new regulations or policies for adjudication or enforcement of the TN visa have been published.
The TN visa has no maximum period of stay. In order to qualify for the TN visa, you must establish that you intend to come to the US for a temporary time and then depart. If you intend to come to the US in order to get a green card or otherwise remain permanently, you do not qualify for the TN.
Although the H-1B is also a nonimmigrant visa, it allows for dual intent, meaning you can intend to stay in the US and still get H-1B status. Also, if your education, license, or experience does not meet NAFTA requirements , you may qualify for the H-1B if you have a bachelor degree or equivalent experience. Before filing an H-1B petition, the US Department of Labor must first approve a labor condition application, which is to ensure that your employer will pay you the prevailing wage or actual wage, whichever is higher, for your particular occupation and location where you will work.
The TN visa has no such requirement. If you are employed by a Canadian or Mexican company and are coming to the United States to provide a US company with professional services, you do not qualify for the H-1B.
To be eligible for the H-1B, you must be an employee of the petitioning US company, not an employee of a different contract company. However, this kind of arrangement is appropriate for the TN visa. If you work in a profession that requires a license to practice, such as a lawyer or doctor, and you have do not have such license, you may be eligible for the TN but not the H-1B.
To be approved for the H-1B, you would be required to have the necessary state license is required for the profession. The TN visa is renewable indefinitely so they simply need to get their U. As a TN vias holder, your legal spouse and unmarried children below 21 years old may accompany you into the U.
Immediate family members on TD status may enroll in a U. The TD visa shares the same validity as that of the primary TN visa holder. The H-1B visa allows companies in the U. To be eligible for an H-1B visa, the applicant must be knowledgable in a certain field, typically in the STEM science, technology, engineering and mathematics categories. Like the TN visa, H-1B applicants need a job offer from an American employer before they begin their application.
It is important to note that the Trump administration has already implemented tighter restrictions on H-1B visa applications. If the response is not satisfactory, they will deny the initial H-1B petition before it even gets to the lottery stage. The H-1B visa is awarded in three-year increments for a max period of six years.
Afterward, the H-1B visa holder must depart the U. Alternatively, they can transition to a different nonimmigrant work visa like the L-1 or O-1, provided they qualify and there is still time. Another option is to petition an adjustment of status to a green card. The H-1B visa is considered a dual intent visa meaning it is possible to apply for permanent residency through the green card program without jeopardizing their H-1B visa status with the USCIS.
As an H-1B visa holder, your legal spouse and unmarried children under 21 years old are eligible to transfer to the United States with you on an H-4 visa. The best part is that they are not restricted in their employment search and can work part-time or full-time. Children on H-4 status, on the other hand, are not allowed to obtain EADs and may only enroll in a U.
There are a number of reasons why one may stick with a TN visa over an H-1B, even if they have the option to transition to an H-1B.
These include:. H-1B visas are capped with a total of 85, petitions approved in a fiscal year. This is because Canadian and Mexican citizens can simply apply for their TN visas at the port of entry and they only need their job offers from their employer in the U. Applying for an H-1B visa involves having to wait for the results of a lottery system to decide the eventual awardees and working with the U. With a simpler application process comes a faster processing time for TN visas. Department of Labor DOL alone takes around six to eight months.
Add that waiting time to the H-1B application timeline which typically opens only once a year. TN visa holders can extend their visa status at a port of entry or through the USCIS and they can extend indefinitely every three years. Extending H-1B visa status is usually more difficult and can only be done by the U. Plus once the H-1B visa holder has reached the maximum duration of stay, no further extensions will be awarded.
TN visa holders can transfer to a new job location within the U. H1B visa holders, on the other hand, need their employers to first file an amended I before effecting their transfer to a new job location. The TN visa may be easier to obtain and less competitive, but the H-1B does present certain advantages that may make the transition more than worth it. These benefits include:.
Citizens of any country may qualify and apply for an H-1B visa. This is actually what makes it more competitive, unlike the TN visa that is only open to citizens of two countries, Canada and Mexico. Credit history used to stop at the border—until now.
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