Unique Characteristics of TN Visa Status
No Numerical Limit, Visa Stamp, Prior Petition, or LCA Required for TN Visa Status.
- There is no numerical limitation on the number of Canadian citizens that may be admitted into the U.S. as TN Visa professionals each year. This is one of the advantages that NAFTA TN visa status has over the H-1B visa, which is subject to an annual cap that is unable to meet the growing demand for this visa. As result, H-1B visas become increasingly unavailable each fiscal year. Compare the H-1B visa to NAFTA TN status.
- A Canadian citizen seeking admission into the U.S. as a TN Visa Professional under NAFTA does not need to obtain a visa (as Canadian citizens are generally visa exempt). See 22 C.F.R. 41.2 (a).
- A Canadian citizen seeking admission into the U.S. as a TN Visa Professional is also not required to submit a petition with USCIS or a Labor Condition Application ("LCA") prior to admission, or obtain any other form of approval prior to applying for non-immigrant TN status at the border. The LCA requires that the employee receive the prevailing wage for his or her occupation in the geographical area of employment. Again, this is in contrast to the H-1B visa, which requires the filing of an LCA and petition with USCIS.
Back to TN Visa Basics.

