Does the H-1B prevailing wage apply to the TN?

The TN visa, intended for professionals from certain North American countries, has specific requirements that differ from the H-1B visa, and one of these points is precisely the issue of the ”prevailing wage”.

For the H-1B, the prevailing wage requirement functions to protect both the foreign worker and the labor market, ensuring that the professional receives compensation compatible with the position in the US market. However, this rule does not apply to the TN visa.

In the case of the TN, there is no formal evaluation regarding the ”prevailing wage” by the United States Department of Labor. In fact, the TN is a visa based on academic and professional qualifications that fit within the list of professions defined by the agreement between the participating countries, and the compensation criterion follows contractual practices and negotiations between the professional and the employer.

This does not mean that the agreed salary should be misaligned with market conditions, but rather that the process does not require the formality of a prevailing wage analysis as occurs with the H-1B.

It is important that both the professional and the employer pay attention to current immigration laws, maintaining a clear understanding of the differences between visa types. When dealing with immigration matters, it is fundamental to seek guidance from reliable and specialized sources, avoiding unfounded promises or campaigns that guarantee results without proper analysis of the specific case.

In summary, the ”prevailing wage” required by the H-1B does not apply to the TN visa, but this does not exempt the parties involved from ensuring that the terms of employment comply with market practices and the legal requirements of the United States. Always stay informed and seek support from qualified professionals to guide the process with all necessary security.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.