TN Visa: A Cap-Less Alternative to H-1B for Professional Job Opportunities
American businesses in the current decade face countless challenges: inflation, a global supply chain still recovering from COVID-19, and competition from rising economies like China and India. But perhaps the greatest challenge of all is an increasingly competitive labor market. Indeed, attracting and retaining a skilled professional workforce is essential for the U.S. to be competitive on the world stage.
U.S. businesses unable to locate qualified professional talent on the domestic front have long turned to the H-1B visa to satisfy their needs. H-1B has long been considered the best option for hard-to-fill specialty occupations, particularly in the technology sector. Over the last several years, the H-1B visa has exploded in popularity, becoming the go-to option for Silicon Valley and Wall Street alike.
But with program use rising among the Fortune 100, Congress failing to raise the statutory visa cap, and widespread fraud in the lottery process, success in the H-1B program is increasingly out of reach. Countless U.S. businesses have been “crowded out” of the program, unable to afford the costly legal fees and systemic uncertainty of the lottery system.
Employers disenchanted with the H-1B program may nonetheless have another option at their disposal: the TN program. Originally part of NAFTA and now the USMCA, the TN visa is available exclusively to Mexican and Canadian professionals seeking U.S. employment in an eligible specialty occupation (typically requiring a bachelor's degree).
The TN visa enjoys several advantages over H-1B that may make it an attractive option for employers unable or unwilling to play the H-1B lottery:
No annual cap. Unlike the more limited H-1B program, there is no numerical limit on the number of individuals who may hold TN status. This means that employers will not need to contend with a lottery – eligible professionals may apply for TN status at any time.
Streamlined approval process. Compared to H-1B and other nonimmigrant visa programs, the TN government approval process is fast and efficient, with no mandatory U.S. recruitment steps.
No time restriction. While H-1B visas max out at 6 years, the TN visa can be renewed indefinitely. This makes it an attractive option for employers looking for long-term workforce solutions.
Greater flexibility. The TN program is laissez faire relative to other nonimmigrant classifications. Employers enjoy significant latitude in defining and negotiating their own terms and conditions of employment, including with respect to compensation and benefits.
Because of these advantages, MÁS Enterprise has seen an incredible rise in TN program demand over the last several years, particularly amongst businesses seeking professionals in STEM-related fields. While the program is limited to Mexico and Canada, many of our clients have found it advantageous to hire qualified professionals with Spanish-language fluency given their predominantly Spanish-speaking workforce.
If you are considering H-1B sponsorship for a Mexican or Canadian professional, or have a professional job position you have been unable to fill, you should consider pursuing the TN program.
CLICK HERE to schedule a free consultation with the MÁS Enterprise team’s TN subject matter expert or use the contact information below for more information.