Similar to the poster below, I'm looking for some guidance / resources on pros and cons of TN vs H-1B for Canadian citizens. Realize this section of the forum is for people in the process of getting Canadian citizenship.
TN vs H-1B for Canadian citizens looking to work in the US
- Thread starter prash42
- Start date
Ask your question in this section of the forum:
https://www.canadavisa.com/canada-immigration-discussion-board/forums/h-1b-holders-in-the-u-s.59/
You're right that this section of the forum is for discussing citizenship applications.
jamezmoran
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TN is much easier to get than H1b but it is not dual intent, needs to be renewed each year, and you can be denied on renewal if the border guard thinks you’re trying to use it as a de facto permanent visa. Usually companies will get you in on TN to get you working for them and then immediately start filing your H1b application, as there is a route to green card with H1b.
If you have any plans to do business E2 visa is a god send. Validity 5 years, renewed very easily, but if you want to do a job, folks take the TN route with no issues. You need a good lawyer for border filing that’s it.
Wow! Thanks for the info. Is there a limit to the number of times it the TN visa can be renewed?
This link gives a pretty good summary of the basics.
https://www.lightmanimmigration.com/tn-visa-or-h-1b-visa/
If you google, there are many others.
To add,
1. H1B is extremely expensive for the employer. For a large organization, it might cost 10k-20k to obtain a new H1B and probably 10-15k for renewals depending on a lot of factors. It's also not uncommon for them to spend a lot of money and then realize all the effort was a huge waste.
2. It's onerous for the employer to keep up with all the H1 requirements. For example, during the pandemic, if you are someone with a US employment authorization or a TN, you could have moved to a different state when employers implemented work from home policies but as a H1 employee you cannot move to a new location (you can move within the same metro statistical area) without a new set of paperwork. There are also a lot of additional burdens when the employer has more than 50% of their employees on H1B. TN is much more flexible. For example, it doesn't need a new petition if you're just changing locations with the same employer.
3. H1-B is a dual intent visa which means at the time of applying, you do not need to prove to anyone you're asking only for a temporary worker status and not intending to file for a permanent resident status in future. As a non-immigrant, you can leave the country after 6 years of entering oe whenever your status ends. Or, if you find a willing employer, they might offer you a chance to apply for permanent residency through employment. With H1-B, your employer can start processing your green card application on your start date (typically doesn't happen, but it's legal). There are some ways to apply for an immigrant (green card) petition while on TN but your renewals might become complicated if you also have a green card petition underway in parallel so there are a lot of intricacies. Most employers typically first convert the TN employee to a H1 before starting their green card process. Despite all the costs, if an employer is looking to hire and keep you long term, they'll opt for H1 either right away or eventually (after you join them using a TN or as a student under the OPT program).
4. H1 initial and renewal petitions can be done only via a US CIS petition (Form I-129) and then carrying the approval notice at the entry (for the initial petition). CBP cannot approve your H1B petition without a prior US CIS approval notice. TN initial and renewal applications can be approved directly by the CBP at the port of entry or alternatively, by the US CIS (I-129). If you prefer, you can stay in the US and your employer can file the renewal eliminating the need for you to travel to a port of entry and the associated uncertainties.
Say, if you have any prior US immigration violation such as overstaying in a visitor status, you can have much more certainty by going through the USCIS route even for TN, getting an approval notice first, then using that at the port of entry. Otherwise most folks just drive to the border with their employer letter and documentation for on-the-spot adjudication.
5. Getting the H1 status for the first time is an extremely competitive endeavor. Your odds are typically 1:2 or worse although recent changes have made it a little easier to retry with much lesser cost than the previous years but you still need a willing employer. TN has no annual cap and the initial status can be obtained any day of the year (unlike H1 which is usually once a year at the start of the US CIS calendar, in recent years you can apply only once in April and the employment can begin no earlier than October).
6. Before an employer can file a H1B application, they need to file a Labor Condition Application (LCA) with the Labor Department proving the wage is at equal or greater than the published equivalent wage for someone in the same geography doing similar work. TN on the other hand does not have any LCA requirements (your employer will still need to pay at least the wages in the employment contract). Therefore, especially in recent years, H1 salaries are typically higher than typical TN salaries in most geographies.
https://www.lightmanimmigration.com/tn-visa-or-h-1b-visa/
If you google, there are many others.
To add,
1. H1B is extremely expensive for the employer. For a large organization, it might cost 10k-20k to obtain a new H1B and probably 10-15k for renewals depending on a lot of factors. It's also not uncommon for them to spend a lot of money and then realize all the effort was a huge waste.
2. It's onerous for the employer to keep up with all the H1 requirements. For example, during the pandemic, if you are someone with a US employment authorization or a TN, you could have moved to a different state when employers implemented work from home policies but as a H1 employee you cannot move to a new location (you can move within the same metro statistical area) without a new set of paperwork. There are also a lot of additional burdens when the employer has more than 50% of their employees on H1B. TN is much more flexible. For example, it doesn't need a new petition if you're just changing locations with the same employer.
3. H1-B is a dual intent visa which means at the time of applying, you do not need to prove to anyone you're asking only for a temporary worker status and not intending to file for a permanent resident status in future. As a non-immigrant, you can leave the country after 6 years of entering oe whenever your status ends. Or, if you find a willing employer, they might offer you a chance to apply for permanent residency through employment. With H1-B, your employer can start processing your green card application on your start date (typically doesn't happen, but it's legal). There are some ways to apply for an immigrant (green card) petition while on TN but your renewals might become complicated if you also have a green card petition underway in parallel so there are a lot of intricacies. Most employers typically first convert the TN employee to a H1 before starting their green card process. Despite all the costs, if an employer is looking to hire and keep you long term, they'll opt for H1 either right away or eventually (after you join them using a TN or as a student under the OPT program).
4. H1 initial and renewal petitions can be done only via a US CIS petition (Form I-129) and then carrying the approval notice at the entry (for the initial petition). CBP cannot approve your H1B petition without a prior US CIS approval notice. TN initial and renewal applications can be approved directly by the CBP at the port of entry or alternatively, by the US CIS (I-129). If you prefer, you can stay in the US and your employer can file the renewal eliminating the need for you to travel to a port of entry and the associated uncertainties.
Say, if you have any prior US immigration violation such as overstaying in a visitor status, you can have much more certainty by going through the USCIS route even for TN, getting an approval notice first, then using that at the port of entry. Otherwise most folks just drive to the border with their employer letter and documentation for on-the-spot adjudication.
5. Getting the H1 status for the first time is an extremely competitive endeavor. Your odds are typically 1:2 or worse although recent changes have made it a little easier to retry with much lesser cost than the previous years but you still need a willing employer. TN has no annual cap and the initial status can be obtained any day of the year (unlike H1 which is usually once a year at the start of the US CIS calendar, in recent years you can apply only once in April and the employment can begin no earlier than October).
6. Before an employer can file a H1B application, they need to file a Labor Condition Application (LCA) with the Labor Department proving the wage is at equal or greater than the published equivalent wage for someone in the same geography doing similar work. TN on the other hand does not have any LCA requirements (your employer will still need to pay at least the wages in the employment contract). Therefore, especially in recent years, H1 salaries are typically higher than typical TN salaries in most geographies.
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This is quite common.
Get in initially on TN and then company files H1B so you can eventually get green card.
Win-win for everyone. TN are easier to get, no cap like H1B. TN literally requires just the employment letter which you just take to the airport when flying to the US. H1B requires retaining a lawyer and a lengthy legal process.
TN has a very limited list of occupations though. So make sure yours is eligible and you have experience/education in the field, or else you'll be denied.
Source: i used to be in the US on TN.
IndianBos
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If you are planning to live in the US temporarily, TN Visa is better if you qualify. H1b is expensive and a lot of employers are not willing to bear the cost.
On the other hand, you can extend your H1B without leaving the country via a petition vs for TN visa, you always will need to cross the border for the renewal (thus risk of denial).
Path to US green card is easier in most cases through an H1B unless your country of birth is one of the backlogged countries (India, China, Mexico, etc). Note that while processing the green card, US considers your birth country in the application and not the country of your current citizenship.
On the other hand, you can extend your H1B without leaving the country via a petition vs for TN visa, you always will need to cross the border for the renewal (thus risk of denial).
Path to US green card is easier in most cases through an H1B unless your country of birth is one of the backlogged countries (India, China, Mexico, etc). Note that while processing the green card, US considers your birth country in the application and not the country of your current citizenship.
You can go to a port of entry for renewal if your prefer. Or just like a H1-B extension, a TN can also be extended using the I-129 form filed by your employer with the US CIS. Other options like premium processing are also available for TN. There is no need to go to a port of entry if the extension is filed from within the US and approved by the US CIS.
Thank you. I have some familiarity with H-1B having worked in the US a long time back. Your comparison to TN is really helpful.