Employment Based Immigration

Immigrants from Canada and Mexico who are professionals have two choices in filing for Immigrant Visas. They can either file to meet the requirements of H-1B, as discussed above, or they can file for TN status. This type of status was created by the NAFTA [North American Free Trade Agreement.] The key differences between these two types of Visas are as follows:

• Some jobs are included under TN that do not require a college degree;
• TN status can be renewed indefinitely; and
• Canada and Mexico degrees that are not four-year can be utilized to meet the four-year degree requirement.

There is also a difference between Canadians and Mexicans, as follows:

Canadians - Canadians can enter the US with only a letter from their employer. No Petition must be filed and no Labor Certification must be obtained. Also, the employer does not have to post the immigrant Petition filing, and does not have to prove or pay the prevailing wage to the immigrant.

Disadvantage - Canadians must reapply every year under a TN status, but do not have to reapply for three years under an H-1B Petition.

Mexicans - Mexicans can only enter the US with all of the H-1B requirements in place. Every requirement for an H-1B status must be approved. This means a Petition must be filed and a Labor Certification must be obtained. Also, the employer does have to post the immigrant Petition filing, and does have to prove and pay the prevailing wage to the immigrant.

Advantage - Mexicans can benefit from the expanded definition of the term "professional."

Disadvantage - Mexicans must reapply every year under a TN status, but do not have to reapply for three years under an H-1B Petition.

Employment Based Immigration

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Sections Available in Immigration

Family Based Immigration Employment Based Immigration Non-Immigrant Visas