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As Canadian Citizen I can get TN visa to work in US, but can I get H1-B instead?

What is difference?

  • Removed the "better" question to make it answerable. – Karlson Sep 10 '15 at 17:11
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Ye Standard Disclaimer: IANAL

There is a chart available on TN Visa Bulletin run by Brian Zuccaro, Esq that shows the major differences but in a nutshell. Or you can take a look at Peng & Weber page that give you a nutshell version:

Comparison of TN and H-1B visa status

The major advantage of TN status over H-1B status is that TN status may be obtained at the border, and do not require a petition to the Immigration Service (for Canadians). This advantage does not apply to Mexican citizens, as Mexicans are required to file a Labor Condition Application with the Department of Labor and a petition with the U.S. Citizenship and Immigration Service. In addition, TN status can theoretically be renewed indefinitely while H-1B status has a limit of 6 years. TN status is available to some who do not qualify for H-1B status, including those in certain professions that do not require a bachelor’s degree.

On the other hand, if your profession is not listed in the TN occupation list, or you do not meet the requirements specified, you may be able to qualify for an H-1B visa. TN visa status also does not allow you to use professional experience to show that you have the equivalent of a bachelor’s degree, as you can with the H-1B program.

  • how long it usually takes to get H1-B? – Alexan Sep 10 '15 at 18:00
  • @Alex Depends on whether you have made the cap – Karlson Sep 10 '15 at 18:01
  • what do you mean? I understand that company, which hires me, send documents to U.S. CITIZENSHIP AND IMMIGRATION SERVICES. If they sent today when should I expect visa? 1 day? 1 week? 1 month? – Alexan Sep 10 '15 at 18:09
  • @Alex Not the way the process works. Unlike TN visas H-1s have quotas and application deadline and minimum start dates: uscis.gov/eir/visa-guide/h-1b-specialty-occupation/…, uscis.gov/working-united-states/temporary-workers/…. – Karlson Sep 10 '15 at 18:26
  • still don't understand. For example I got offer, company applied for visa. Should I pack my things right now for voyage to US or I can relax and take some vacation? – Alexan Sep 10 '15 at 18:46

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