Choosing Between the H-1B and TN Visa: Which Is Right for You?
If you’re a skilled foreign professional seeking to bring your expertise to a U.S. company but unsure whether to apply for an H-1B visa or a TN visa, you’re not alone. Each option offers unique advantages depending on your nationality and career path. For professionals from Canada or Mexico, the TN visa often provides a faster, more flexible route than the H-1B. Understanding the distinctions between these two work visas—with the guidance of an immigration attorney at Green Card Link—can help you make an informed decision about the best option for your U.S. career goals.
What Is an H-1B Visa?
The H-1B visa is a popular nonimmigrant work visa that allows U.S. employers to hire qualified professionals in specialty occupations such as engineering, architecture, computer science, finance, and healthcare. It’s designed for foreign nationals with at least a bachelor’s degree or equivalent experience, enabling companies to fill high-skill roles in areas where American talent may be limited.
At Green Card Link, our immigration attorneys assist professionals and employers through every step of the H-1B visa process, from eligibility assessments to petition filing and USCIS compliance.
What Is a TN Visa?
The TN (Treaty NAFTA) visa was created under the North American Free Trade Agreement (NAFTA) and continues under the United States–Mexico–Canada Agreement (USMCA). It offers a streamlined pathway for qualified professionals from Canada and Mexico to work in the United States in one of 63 designated occupations, including scientific, technical, and business professions.
Modeled after the H-1B visa, the TN classification stands out for its speed, cost efficiency, and lack of a yearly cap—making it an excellent choice for eligible Canadians and Mexicans seeking employment with U.S. companies. The immigration attorneys at Green Card Link can evaluate your credentials, prepare your TN application, and guide you through the documentation process to ensure a smooth approval.
TN Visa vs. H-1B Visa: Key Differences
While both visas allow professionals to work in the U.S., the TN visa often provides more flexibility for Canadian and Mexican citizens, whereas the H-1B visa offers broader eligibility for professionals worldwide. Below is a comparison of some of the most important factors to consider when choosing between the two.
1. Citizenship Requirements
- H-1B Visa: Available to citizens of any country.
- TN Visa: Restricted to citizens of Canada or Mexico (not available to permanent residents or “landed immigrants”).
2. Annual Caps
- H-1B Visa: Subject to a strict annual limit of 65,000 regular petitions and an additional 20,000 slots for advanced degree holders.
- TN Visa: No annual quota, offering greater flexibility and faster access to employment.
3. Processing Time and Cost
The TN visa application process is generally faster and less expensive than the H-1B visa. Canadians can often apply directly at a port of entry, while Mexicans apply through a U.S. consulate.
4. Authorized Period of Stay
H-1B visa holders are typically granted an initial period of three years, renewable up to six years, whereas TN status is valid for up to three years and can be renewed indefinitely in one-year increments.
5. Dual Intent and Path to Green Card
Unlike the H-1B visa, which allows dual intent (holding a temporary visa while pursuing a Green Card), the TN visa is technically a non-immigrant-only classification. However, strategic legal guidance from immigration attorneys at Green Card Link can help you maintain compliance while exploring future permanent residency options.
Which Visa Is Better for You?
For Canadian and Mexican citizens, the TN visa provides a faster, cap-free, and cost-effective route to employment in the U.S. For professionals from other countries or those seeking long-term residency and dual intent, the H-1B visa may be the better fit.
Because each case is unique, it’s critical to consult with an experienced immigration attorney at Green Card Link. Our team will evaluate your education, job offer, and career goals to help determine the best visa strategy for your situation.
Speak with an Immigration Attorney at Green Card Link
Whether you’re applying for your first U.S. work visa or deciding between the H-1B and TN classifications, the immigration attorneys at Green Card Link provide personalized legal guidance every step of the way. We help professionals and employers navigate complex immigration regulations with efficiency and confidence.
Contact Green Card Link today to schedule a consultation and take the next step toward advancing your career in the United States.
H-1B Visa Fees
Fee | Amount | Responsible for Fee |
|---|---|---|
Registration Fee | $215 | Employer |
Basic Filing Fee | $780 | Employer |
Public Law 114-113 Fee | $4,000 (only if 50+ employees) | Employer |
Premium Processing (optional) | $2,805 | Employer or Employee |
USCIS Anti-Fraud Fee | $500 | Employer |
ACWIA Education and Training Fee | $750 (less than 25 employees) $1,500 (more than 25 employees) | Employer |
Asylum Program Fee | $600 (if 26+ employees) | Employer |
Attorney Fee | Variable | Employer |
Below you will find TN and H-1B statistics for the past 10 years. We regularly update this data statistics will be published as soon as they are available.
Year | TN Visa Issued | H-1B Visa Issued |
2021 | 24,903 | 61,569 |
2020 | 13,771 | 124,983 |
2019 | 21,193 | 188,123 |
2018 | 17,950 | 179,660 |
2017 | 16,119 | 179,049 |
2016 | 14,768 | 180,057 |
2015 | 13,093 | 172,748 |
2014 | 11,207 | 161,369 |
2013 | 9,548 | 153,223 |
2012 | 7,638 | 135,530 |
2011 | 4,971 | 129,134 |
Average | 14,106 | 160,388 |
The Application Process for TN and H-1B Visas
Canadians Applying from Outside the United States
Canadian citizens seeking TN visa status must apply in person at a U.S. port of entry or designated airport when arriving from abroad. By contrast, for the H-1B visa, Canadian applicants outside the U.S. must have their U.S. employer file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS and present the I-797 approval notice when entering the country.
Form I-129 is submitted by an employer or potential employer to request authorization for a foreign professional to work temporarily in the United States. The I-797, on the other hand, is the USCIS receipt notice confirming that the petition has been filed—it is not, however, an official visa approval.
Mexicans Applying from Outside the United States
Mexican citizens must first obtain a TN visa stamp at a U.S. consulate before entering the United States. Once they have received the visa, they may apply for admission at a U.S. port of entry or airport.
For the H-1B visa, the process is the same as for Canadians: the employer must file an I-129 petition with USCIS, and the applicant must have an I-797 approval notice before entering the country.
Canadians and Mexicans Already in the United States
If you are a Canadian or Mexican professional already residing in the U.S., your employer may file Form I-129 with USCIS to request TN status or to extend or change your current nonimmigrant status. The same form applies to H-1B extensions and changes of status.
One major advantage of the TN visa is that it can be obtained directly at a U.S. port of entry, without the need to wait for USCIS petition approval—making it a faster and more convenient option compared to the H-1B.
Visa Processing Times
The TN visa process is often significantly faster. When applicants arrive with all necessary documentation, the TN application can be processed on the spot at a U.S. border or airport. This efficiency is especially valuable for employers needing to fill specialized positions quickly.
By contrast, the H-1B visa typically involves a longer waiting period. The process includes obtaining Labor Condition Application (LCA) certification, waiting for USCIS approval of the I-129 petition, and completing additional procedural steps.
Government Filing Fees
TN Visa Fees for Canadians
Canadian citizens applying for TN status at a U.S. port of entry must pay a $50 application fee, plus an additional $6 I-94 card fee. The I-94 card records each traveler’s official arrival and departure information.
TN Visa Fees for Mexicans
Mexican applicants are required to pay a $185 visa application fee at the consulate.
If a TN worker later seeks to extend or change their status, a $460 filing fee applies for the I-129 petition.
Because TN visa filing fees are significantly lower than those for the H-1B process, the TN option can be more cost-effective for both employers and professionals.
Eligible Occupational Categories
The H-1B visa applies to a wide range of specialty occupations that require at least a bachelor’s degree or equivalent professional qualifications.
In contrast, the TN visa is limited to 63 specific professional occupations listed under the U.S.-Mexico-Canada Agreement (USMCA).
This difference makes the H-1B visa more versatile for professionals in diverse fields, while the TN visa remains an excellent choice for applicants whose professions are included on the USMCA list.
Prevailing Wage Requirements
The prevailing wage represents the average wage paid to workers in a specific occupation and region. Under most U.S. employment-based visa programs, employers must meet or exceed this wage to ensure fair labor standards.
For TN visa holders, there is no prevailing wage requirement set by U.S. immigration law. However, for H-1B visa workers, employers must pay 100% of the prevailing wage for the given role and location.
Depending on your perspective—whether you are the employer or the employee—this wage requirement can either be an advantage (ensuring fair pay) or a disadvantage (increasing hiring costs).
Authorized Period of Stay
Your authorized period of stay refers to how long you are legally permitted to remain in the United States. Staying beyond this period constitutes an unlawful presence, which can lead to serious immigration consequences.
Both TN and H-1B visas allow an initial stay of up to three years. However, renewal options differ:
- TN visa holders may apply for indefinite three-year extensions, allowing them to continue working in the U.S. without an upper limit on renewals.
- H-1B visa holders can extend their stay for an additional three-year period, for a total of six years. After reaching this limit, they must leave the U.S. for at least one year before reapplying—unless they begin the green card process, which can permit continued stay beyond six years.
Because of its unlimited renewal flexibility, the TN visa often provides greater long-term convenience for eligible Canadian and Mexican professionals.
If you are unsure which visa is best suited for your career goals or employer needs, at Green Card Link, its immigration attorneys can guide you through every stage of the TN or H-1B application process. Our experienced team provides tailored legal strategies to help professionals and employers navigate U.S. immigration efficiently and successfully.
Changing or Extending Your Visa Status
At Green Card Link, our immigration attorneys provide expert guidance to professionals navigating the complex process of changing or extending their visa status in the United States. Whether you hold a TN visa or H-1B visa, understanding your options and obligations is essential to maintaining lawful status and achieving your long-term immigration goals.
TN Visa Status for Canadian Citizens
Canadian professionals under TN status may change or extend their TN visa directly at a U.S. port of entry or through their employer by filing Form I-129 with U.S. Citizenship and Immigration Services (USCIS). The process is efficient and designed to support qualified Canadian nationals who wish to continue working in the United States without interruption.
TN Visa Status for Mexican Citizens
Mexican citizens must first obtain a TN visa stamp before applying for a change or extension of status. After securing the visa, they can proceed in the same way as Canadian applicants—either by filing Form I-129 through their employer with USCIS or by applying at a U.S. port of entry. The immigration attorneys at Green Card Link can help ensure all documents and procedures meet USCIS requirements for a seamless transition.
H-1B Visa Status
For professionals under the H-1B visa, all status changes or extensions must be filed through an employer-submitted Form I-129 petition with USCIS. Unlike TN visa holders, H-1B applicants cannot process changes at a port of entry. This distinction is important when planning extensions or employment transitions, and our team at Green Card Link can help you avoid costly delays or status gaps.
Changing Employers
TN Visa – Canadians and Mexicans
While TN status is employer-specific, you may change employers at any time. The new employer can file a Form I-129 with USCIS or process the change at a U.S. port of entry. However, when filing through USCIS, you must wait for the petition’s approval before beginning work with the new employer. The immigration attorneys at Green Card Link can help you determine the fastest and most strategic route based on your situation and timing.
H-1B Visa
If you wish to change employers while on an H-1B visa, you can begin working with your new employer as soon as the I-129 petition is received by USCIS—no need to wait for approval. This flexibility makes the H-1B visa advantageous for certain professionals, though many Canadians and Mexicans prefer the TN process due to its speed and simplicity at the port of entry.
Transferring to a New Job Location
If you remain with the same employer under TN status, relocating to a new job site generally does not require additional filings, provided your role and job duties remain unchanged.
However, under H-1B status, your employer must file an amended I-129 petition along with an updated Labor Condition Application (LCA) to reflect the new worksite location. The immigration attorneys at Green Card Link can guide your employer through these compliance steps to ensure your status remains valid.
Understanding Dual Intent and Immigrant Intent
A key advantage of the H-1B visa is that it allows dual intent, meaning holders can legally work in the United States while pursuing permanent residency (a green card). This flexibility makes the H-1B especially attractive for professionals seeking a long-term path to U.S. immigration.
By contrast, TN visa holders generally cannot apply for a green card while maintaining TN status. Because the TN category requires proof of nonimmigrant intent, pursuing permanent residency under this visa could jeopardize your status. This distinction is an important factor when choosing between TN and H-1B classifications—something our immigration attorneys at Green Card Link carefully evaluate for each client.
Changing from TN Visa to H-1B Visa
Many professionals choose to transition from a TN visa to an H-1B visa to open the path to U.S. permanent residency. Although there are no special shortcuts between these categories, the process follows clear steps.
If a new employer sponsors your H-1B visa, be aware that if your petition is not selected in the lottery and you have left your TN-sponsoring job, you may lose your U.S. work authorization.
A more favorable route is when your current TN employer sponsors your H-1B petition—this way, you can continue working under TN status if your H-1B application is not selected.
The typical process includes:
- Employer files a Labor Condition Application (LCA).
- Employer obtains a Prevailing Wage Determination.
- Employer submits Form ETA-9035.
- Employer files Form I-129 with USCIS.
- Upon selection, USCIS updates your I-94, and you complete the visa stamping process with Form DS-160.
For those seeking a long-term career in the U.S., this transition can be pivotal. The immigration attorneys at Green Card Link provide end-to-end support through every stage of the TN-to-H-1B conversion.
TN Visa vs. H-1B Visa: Key Insights
Both the TN and H-1B visas offer valuable pathways for North American professionals. The TN visa is typically faster and less costly to obtain, making it ideal for Canadian and Mexican citizens seeking efficient U.S. employment. The H-1B visa, however, offers significant advantages such as dual intent, work authorization for dependents, and eligibility for permanent residency.
Your best option depends on your long-term goals, occupation, and personal circumstances. At Green Card Link, our immigration attorneys provide tailored guidance to help you make the most strategic choice.
How Green Card Link Can Help
Navigating visa extensions, employer changes, and immigration transitions can be overwhelming without expert assistance. At Green Card Link, our experienced immigration attorneys have helped thousands of professionals, employers, and families secure the right visa for their needs.
If you’re considering whether the H-1B visa or TN visa is right for you—or if you need help with an extension, transfer, or change of status—contact Green Card Link today to schedule a consultation. Our immigration attorneys are ready to provide clear, personalized, and results-driven support for your U.S. immigration journey.