Generally, any occupation that normally requires possession of a U.S. bachelor's degree.
Prevailing Wage Requirements
No prevailing wage requirement under U.S. immigration laws.
Must be paid 100% of prevailing wage for occupation in area of employment.
Employer must file Labor Condition Application with DOL.
Authorized Period of Stay
Three year limit (as of Oct. 16, 2008).
May obtain indefinite three year "extensions."
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.
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.
May only extend or change to H-1B status by filing I-129 petition with USCIS.
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.
Must file I-129 petition with USCIS.
Portability available: May start work upon USCIS receipt of I-129 petition.
Transfer to New Job Location (same employer)
No action required if providing same services at branch or office of same employer.
Must file amended I-129 petition and Labor Condition Application when move is outside original area of intended employment.
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.
May have "dual intent," i.e., may enter U.S. with intent to immediately process for green card.
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.
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.