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Here are the professions that are eligible for a TN visa:
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The jobs on the TN visa list are defined by the terms set out in NAFTA. While other visa categories may be periodically reviewed and updated due to changes in the labor market and employer demand, the TN visa is fixed in the terms of the treaty, and less likely to change.
| TN Visa | H-1B Visa | |
| Who qualifies? | Educated and licensed professionals in the above-listed professions | Educated and licensed professionals performing work in a greater number of specialty occupations |
| Employer-sponsored? | Yes | Yes |
| Limited in number? | No, everyone who meets the treaty terms is granted a visa | Yes, only a set number of H-1B visas are issued every year |
| Length of visa | Up to 3 years, with indefinite renewals | 3 years, extendable to 6 years |
| Dual intent? | No | Yes |
For some professionals and their employers, “dual intent” may become an important factor. While a TN visa can be renewed every three years potentially indefinitely, it is specifically designated as a non-immigrant visa. TN visa holders must maintain a permanent residence in Canada or Mexico, and express the intent to return and live there. This means that TN visa holders may become disqualified to renew their visas if they eventually file for permanent residency in the U.S.
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