At a glance
| TN | H-1B | |
|---|---|---|
| Who | Canadian and Mexican citizens | Any nationality |
| Jobs | 63 listed professions only | Specialty occupations (degree-level roles) |
| Annual cap / lottery | No cap, no lottery | Annual cap with a registration lottery for most employers |
| How Canadians apply | At the border or preclearance, decided on the spot | Employer petition to USCIS, after the lottery for capped cases |
| Government cost | US$50 TN fee (plus I-94 fee at land crossings) | Several employer-paid filing fees; see the note on the $100,000 fee |
| Length | Up to 3 years, renewable with no fixed limit | Up to 3 years, generally 6 years maximum |
| Intent | Must be temporary | Dual intent allowed (can pursue a green card) |
| Spouse | TD: can study, can’t work | H-4: can study; work authorization only in limited cases |
Why many Canadians choose TN
- Speed. A decision at the border instead of months of processing.
- No lottery. You don’t need to win a registration draw.
- Cost. Government fees are small compared with H-1B.
- Renewable in three-year increments without a fixed cap.
When H-1B may fit better
- Your occupation isn’t on the TN list.
- You plan to pursue a green card, since H-1B allows dual intent.
- Your employer prefers a USCIS-approved petition.
H-1B changes in 2025–2026
A September 2025 presidential proclamation imposed a US$100,000 payment on certain new H-1B petitions for beneficiaries outside the United States. In June 2026 a federal district court vacated the fee, and in July 2026 the First Circuit declined to stay that ruling while the government’s appeal continues. Separately, a wage-weighted H-1B lottery took effect for the 2026 registration season, giving higher-wage registrations better odds.
These rules are in flux. Check the current status with an immigration lawyer before choosing a route. TN wasn’t affected by the H-1B fee.
If TN fits, build your packet
Six professions, plain-English questions, free preview.
Common questions
Can a Canadian have TN and pursue a green card?
TN requires temporary intent, which makes green card steps complicated. H-1B allows dual intent. Talk to an immigration lawyer before starting a green card process while on TN.
Is TN cheaper than H-1B?
Government fees for TN are much lower: a US$50 TN fee plus an I-94 fee at land crossings, versus several employer-paid H-1B filing fees.
Can I switch from TN to H-1B later?
Many people do. An employer files an H-1B petition, subject to the cap and lottery rules for that year. Get advice on timing.
Will TNPath tell me whether I qualify?
No. TNPath is a document-assembly tool. It organizes the facts you provide into templates and gives general information. It doesn’t make eligibility determinations or recommend case-specific strategy. Only U.S. Customs and Border Protection decides whether to admit you.
Sources
- USCIS: TN USMCA Professionals
- USCIS: H-1B Specialty Occupations
- 8 CFR 214.6: Citizens of Canada or Mexico seeking TN status (Cornell LII)
- TM Immigration: H-1B 2026 $100K fee status and weighted lottery (July 2026)
Last reviewed September 29, 2026. General information, not legal advice. Rules and fees change; confirm with official sources before you travel.