TN Visa vs. H-1B Visa Chart.
| Compare |
TN Visa Status |
H-1B Visa Status |
| Citizenship Requirements |
- Must be a citizen of Canada or Mexico.
- Not available to landed immigrants or permanent residents.
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- May be a citizen of any country.
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| Visa Requirements |
- No visa requirement for Canadian citizens.
- Mexican citizens must obtain visa.
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- Canadian citizens visa exempt.
- Mexican citizens must obtain visa.
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| Numerical Limitations |
- No annual numerical limitation.
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| Application Process |
- If outside U.S., Canadian citizens must apply in person at border or airport.
- If outside U.S., Mexican citizens must first obtain TN visa stamp, and then apply in person at border or airport.
- If within U.S., Canadian and Mexican citizens may file I-129 petition with USCIS.
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- If outside U.S., Canadian citizens must file 1-129 petition with USCIS and present I-797 approval notice at border or airport.
- If outside U.S., Mexican citizens must file 1-129 petition with USCIS, obtain H-1B visa stamp, and present I-797 approval notice at border or airport.
- If within U.S., may file I-129 petition with USCIS for change of status.
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| Government Filing Fees |
- Canadian citizens pay border or airport application fee of $50 plus $6 I-94 card fee.
- Mexican citizens pay visa application fee of $131.
- I-129 petition filing fee of $320 for change of status or extension of status.
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- I-129 petition filing fee of $320.
- Data collection and Filing Fee of $750 or $1,500 (unless exempt).
- Fraud Prevention and Detection Fee of $500.
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| Occupational Categories Available |
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- Generally, any occupation that normally requires possession of a U.S. bachelor's degree.
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| Prevailing Wage Requirements |
- No prevailing wage requirement under U.S. immigration laws.
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- Must be paid 100% of prevailing wage for occupation in area of employment.
- Employer must file Labor Condition Application with DOL.
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| Authorized Period of Stay |
- Three year limit (as of Oct. 16, 2008).
- May obtain indefinite three year "extensions."
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- Three year limit.
- May obtain an additional three year period for a total of six years. Once limit reached must depart U.S. for one year period before obtaining H-1B, L-1B, or Green Card.
- In certain situations, may extend beyond six year limit if filing for green card.
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| Extension of Status / Change of Status Procedure |
- Canadian citizens may "extend" or "change" to TN status at border, airport or by filing I-129 petition with USCIS.
- Mexican citizens may "extend" or "change" to TN status by first obtaining a TN visa stamp and then applying at the border or airport; or by filing I-129 petition with USCIS.
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- May only extend or change to H-1B status by filing I-129 petition with USCIS.
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| Change of Employer |
- Canadian citizens may change employer by applying at border, airport, or filing I-129 petition with USCIS.
- Mexican citizens may change employer by filing for TN visa stamp and applying at border or airport; or filing I-129 petition with USCIS.
- Portability not available: if filing through USCIS may not work until petition approved.
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- Must file I-129 petition with USCIS.
- Portability available: May start work upon USCIS receipt of I-129 petition.
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| Transfer to New Job Location (same employer) |
- No action required if providing same services at branch or office of same employer.
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- Must file amended I-129 petition and Labor Condition Application when move is outside original area of intended employment.
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| Immigrant Intent |
- May not possess immediate intent to immigrate.
- May process for green card through immigrant visa processing.
- Adjustment of status available in limited situations.
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- May have "dual intent," i.e., may enter U.S. with intent to immediately process for green card.
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| Effect of Pending Adjustment Application |
- May not renew TN status after filing AOS.
- Must obtain EAD to continue work if TN expires before green card issued.
- May abandon AOS if depart U.S. without obtaining Advance Parole.
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- May renew H-1B status after filing AOS.
- May work under H-1B or obtain EAD.
- May depart U.S. and re-enter as H-1B without abandoning AOS.
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Revised Oct. 21, 2008.
