Short answer
General information, not legal advice. TNPath provides general educational information and document-automation tools. It is not a law firm and does not provide legal advice, eligibility opinions or case-specific strategy. Only the officer who reviews an application decides whether it succeeds; for complex situations, consider an independent review by a U.S. immigration lawyer.
For a Canadian citizen hired into one of the 63 professions on the USMCA list, TN classification has no lottery and no annual cap, and no employer petition is required for an application at a port of entry. Your hire applies to a CBP officer when the job is ready, and the application is decided when they apply.
H-1B covers specialty occupations for workers of any nationality, but most private employers go through an annual registration lottery, a certified Labor Condition Application and a Form I-129 petition, with employer-paid government fees. The table below sets out the factual differences; which route fits your company depends on your hire, the role and your timing.
The side-by-side table
| Topic | TN (for a Canadian citizen) | H-1B |
|---|---|---|
| Who can be hired | Canadian and Mexican citizens | Any nationality |
| Jobs | The 63 professions on the USMCA list only | Specialty occupations — degree-level roles in a specific specialty |
| Lottery | None. No annual cap for Canadians | Annual registration and selection lottery for most employers; wage-weighted selection since February 2026 |
| Employer petition | None for a border application. Optional Form I-129 | Required: certified Labor Condition Application, then Form I-129 to USCIS |
| Government fees | Your hire pays $50 at the border, plus $30 for the I-94 at land ports. I-129 route fees in the text below | Employer-paid: $215 registration, $780 I-129 ($460 small employers and nonprofits), $500 fraud prevention, $750 or $1,500 ACWIA, asylum program fee; optional premium processing $2,965 |
| Time to start | As soon as your hire is admitted — the application is decided when they apply | Cap-subject cases generally start October 1, after March registration and selection |
| Length of stay | Up to 3 years per admission | Up to 3 years, generally 6 years in total |
| Renewals | Three-year increments, no fixed total limit, provided the stay remains temporary | Extensions within the general 6-year total; longer only in specific green-card situations |
| Dual intent | No. TN entry must be temporary, with a finite end | Yes. Pursuing permanent residence does not by itself defeat H-1B status |
The TN column describes a Canadian citizen applying at a port of entry. The H-1B column describes the standard cap-subject route used by most private employers; cap-exempt employers are noted in the timing section below.
What the fee rows include
TN, border route. Your company pays no government fee. Your hire pays the $50 TN fee on admission, plus a $30 Form I-94 fee at land ports of entry only — $80 in total at a land port, and $50 at airport preclearance, where no I-94 fee applies. TN has no Labor Condition Application and no prevailing-wage attestation; those are H-1B mechanisms.
TN, optional Form I-129 route. A prospective TN employer may instead file Form I-129 with USCIS on behalf of a Canadian citizen outside the U.S. The Form I-129 fee for TN is $1,015 for a paper filing, $965 online, or $510 for employers with 25 or fewer full-time equivalent employees and for nonprofits. Where the Asylum Program Fee applies, it is $600, or $300 for small employers and $0 for nonprofits. Optional premium processing is $2,965, for a USCIS response within 15 business days. If USCIS approves, your hire still applies to CBP for admission, carrying proof of citizenship and the approval notice.
H-1B. H-1B government fees are employer-paid. They are the $215 registration fee, Form I-129 at $780 on paper ($730 online) or $460 for small employers with 25 or fewer full-time equivalent employees and for nonprofits, the $500 Fraud Prevention and Detection fee, and the ACWIA training fee of $1,500 for employers with 26 or more employees or $750 for employers with 25 or fewer. The Asylum Program Fee is $600, $300 for small employers or $0 for nonprofits. A $4,000 Public Law 114-113 fee applies to certain H-1B-dependent employers — those with 50 or more employees, more than half of them in H-1B or L status. Optional premium processing is $2,965.
The $100,000 H-1B payment is in flux — check the current position on uscis.gov. A September 19, 2025 presidential proclamation added a $100,000 payment for certain new H-1B petitions filed at or after September 21, 2025, mainly for beneficiaries outside the U.S. without a valid H-1B visa, payable via pay.gov before filing. Litigation followed: on June 8, 2026 a federal district court vacated the agencies' guidance implementing the payment, the First Circuit declined to pause that ruling on July 24, 2026, and a September 2026 proclamation extended the 2025 proclamation for another 12 months, to September 2027. The position is in flux — check the current position on uscis.gov before you rely on it. The payment applies to H-1B petitions, not TN.
Timing in practice
TN. Your company prepares the documents, your hire applies for admission at a Class A port of entry, a U.S. airport handling international traffic, or a preclearance or pre-flight station, and a CBP officer decides the application when they apply. There is no consulate application for a Canadian citizen applying from outside the U.S. The start date can be as soon as your hire is admitted.
H-1B. For cap-subject employers, the cycle runs on the federal fiscal year: registration in March, selection through the lottery, a petition filing on a selected registration, and employment generally beginning October 1. Before filing the petition, the employer must obtain a certified Labor Condition Application from the Department of Labor. Cap-exempt employers — such as universities and nonprofit or government research organizations — can file year-round, outside the cap cycle. Processing times for non-cap H-1B cases vary.
Which one fits is your company's call
The two classifications cover different people and different jobs. TN is limited to the professions on the USMCA list and to Canadian and Mexican citizens, and TN entry must be temporary. H-1B covers specialty occupations, is open to any nationality, and allows dual intent.
TNPath does not recommend a route. Which one fits depends on your company's situation and is a question for your company's own advisers. Companies weigh the hire's nationality, the role, the timing and their long-term plans with those advisers, and for the decision itself, consider an independent review by a U.S. immigration lawyer.
Reading this as the candidate?
Your hire can prepare the letter draft with TNPath and send it to you for review — or, if you are the candidate, start your TN visa packet and forward the draft to your employer. There is also a one-page summary written for HR teams: TN explained for HR.
Common questions
Is there a TN lottery?
No. TN classification has no annual cap and no lottery for Canadian citizens. Your hire applies when the job is ready, at a port of entry, and CBP decides the application when they apply.
What does each route cost the employer in government fees?
On the TN border route, your company pays no government fee: your hire pays $50 on admission, plus $30 for the I-94 at land ports. On the optional TN Form I-129 route, the fees are $1,015 for a paper filing, $965 online, or $510 for small employers and nonprofits, plus an Asylum Program Fee of $600, $300 for small employers or $0 for nonprofits where it applies, and optional premium processing at $2,965. H-1B fees are employer-paid and include the $215 registration, $780 Form I-129 ($460 for small employers and nonprofits), $500 fraud prevention fee, $750 or $1,500 ACWIA fee and the asylum program fee.
How quickly can a TN hire start, compared with H-1B?
A TN hire can start as soon as they are admitted, and the application is decided on the day they apply at a port of entry. A cap-subject H-1B case generally runs from March registration to selection, then a petition filing, with employment generally beginning October 1.
Can TN status be renewed indefinitely?
TN extensions are granted in three-year increments with no fixed total limit, provided the stay remains temporary. H-1B admission is up to three years at a time and generally totals six years, with longer periods only in specific green-card situations.
What is dual intent, and which classification has it?
Dual intent means pursuing permanent residence does not by itself defeat a temporary status. H-1B has dual intent. TN does not: TN entry must be temporary, with a reasonable, finite end, and without the intent to establish permanent residence.
Sources
- 8 CFR 214.6 — TN classification (eCFR)
- USCIS — TN USMCA Professionals
- USCIS — H-1B Specialty Occupations
- USCIS — Fee Schedule (Form G-1055)
Last reviewed October 19, 2026. General information, not legal advice. Rules and fees change; confirm with official sources before you rely on them.