In Episode 2 of the ImmiGreat Podcast, Richard Wilner, co-founder of Wilner & O’Reilly and a Board-Certified Specialist in Immigration and Nationality Law, breaks down two important employment-based visa options that are often overlooked: the TN visa and the E-3 visa .
Unlike the H-1B visa discussed in Episode 1, TN and E-3 visas do not carry the same annual lottery or strict numerical cap limitations. However, they are nationality-specific and require careful legal analysis.
What This Episode Covers
In this episode, Richard explains:
• The key differences between TN, E-3, and H-1B visas
• Which nationalities qualify (Canada and Mexico for TN; Australia for E-3)
• What “specialty occupation” means and why a bachelor’s degree is essential
• How TN processing differs for Canadian versus Mexican nationals
• Why TN status does not allow “dual intent”
• The heavily scrutinized “management consultant” category
• Unique aspects of the E-3 visa, including self-employment possibilities
• Issues surrounding three-year Australian bachelor’s degrees
Richard also emphasizes that while these visas may appear simpler than H-1B options, they are highly nuanced and fact-specific. Improper classification or incomplete documentation can lead to denials at the port of entry or consular level.
Why This Matters for Employers and Professionals
For U.S. employers hiring Canadian, Mexican, or Australian professionals, TN and E-3 visas can offer strategic alternatives to the H-1B process. They may allow faster processing and greater flexibility when structured correctly.
At the same time, eligibility depends on strict statutory requirements, including specific job classifications under the USMCA (formerly NAFTA) for TN visas and clear specialty occupation qualifications for E-3 visas.
Careful legal guidance is essential to ensure compliance and long-term planning.
Watch or Listen
You can watch the full episode or listen to the audio version below:
• Watch the episode: https://youtu.be/eaUtAEyBdDU
About the ImmiGreat Podcast
The ImmiGreat Podcast, hosted by Richard Wilner, provides practical insight into employment-based and business immigration topics affecting professionals, employers, and families. Each episode focuses on real-world immigration strategies explained clearly and directly by experienced immigration counsel.
If you have questions about TN visas, E-3 visas, or other employment-based immigration options, contact Wilner & O’Reilly at https://www.wilneroreilly.com/contact/ or explore additional resources on our Immigration Blog at https://www.wilneroreilly.com/blog.
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