Is the TN Visa Better Than the H-1B Visa for Work in the US?

Key Takeaways

• TN Visa is for Canadian and Mexican citizens in 63 approved professional jobs under USMCA.
• H-1B Visa allows specialty occupation workers from any country, with a lottery and 85,000 annual cap.
• TN Visa has unlimited renewals but no green card path; H-1B allows dual intent and green card applications.

When deciding between the TN Visa and the H-1B Visa, many professionals wonder which option is better for working in the United States 🇺🇸. The answer depends on several factors, including your nationality, your job, your long-term plans, and recent policy changes. Both visas offer unique benefits and have specific rules. Understanding these differences can help you choose the right path for your career and immigration goals.

What Are the TN Visa and H-1B Visa?

TN Visa:
The TN Visa is a special work visa for citizens of Canada 🇨🇦 and Mexico 🇲🇽. It was created under the United States-Mexico-Canada Agreement (USMCA), which replaced the old NAFTA agreement. The TN Visa lets professionals from these two countries work in the United States 🇺🇸 in certain approved jobs.

H-1B Visa:
The H-1B Visa is a work visa for people from any country. It allows U.S. employers to hire foreign workers in specialty jobs that usually require at least a bachelor’s degree. The H-1B program is popular with companies in technology, engineering, healthcare, and other fields.

Both visas are temporary, but they have different rules about who can apply, what jobs are allowed, how long you can stay, and whether you can apply for a green card (permanent residency).

Who Can Apply? Eligibility and Occupation Scope

TN Visa Eligibility

• Citizenship: Only citizens of Canada 🇨🇦 and Mexico 🇲🇽 can apply.
• Job List: The TN Visa is limited to 63 specific professional jobs. These include engineers, accountants, teachers, scientists, and some medical workers.
• Recent Changes: In June 2025, U.S. immigration officials made the rules stricter for some jobs. For example, many IT and software jobs are no longer accepted unless they are clearly engineering roles. The job duties and your degree must closely match the approved list.

H-1B Visa Eligibility

• Citizenship: Open to citizens of any country.
• Job Scope: Covers a much wider range of jobs. Any “specialty occupation” that needs at least a bachelor’s degree can qualify. This includes many IT, software, and tech jobs that are not on the TN list.
• No Fixed List: There is no set list of jobs, making it easier for people in many fields to qualify.

Key Point:
If you are from Canada 🇨🇦 or Mexico 🇲🇽 and your job is on the TN list, the TN Visa is an option. If you are from another country or your job is not on the TN list, you must use the H-1B Visa.

How Do You Apply? Process and Timing

TN Visa Application Process

• Canadians: Apply at a U.S. border or airport. You can get a decision the same day.
• Mexicans: Apply at a U.S. consulate in Mexico 🇲🇽. Processing usually takes a few days to a few weeks.
• No Lottery: There is no annual cap or lottery for the TN Visa.
• Fees: Lower application fees and a simpler process.

H-1B Visa Application Process

• Employer Petition: Your employer must file a petition with U.S. Citizenship and Immigration Services (USCIS).
• Lottery System: There is a yearly limit (cap) of 85,000 visas. If more people apply, a lottery decides who can move forward.
• Processing Time: It can take several months to get an answer.
• Fees: Higher fees and more paperwork.

Recent Changes:
In 2025, the H-1B lottery became “beneficiary-centered.” This means each person can only be entered once, even if they have multiple job offers. This change aims to make the process fairer and reduce fraud.

Summary Table: Application Process

How Long Can You Stay? Duration and Extensions

TN Visa Duration

• Initial Stay: Up to 3 years.
• Extensions: You can renew the TN Visa as many times as you want, in 3-year blocks. There is no maximum limit as long as you still qualify for the job.

H-1B Visa Duration

• Initial Stay: Up to 3 years.
• Extensions: You can extend for another 3 years, for a total of 6 years.
• Beyond 6 Years: If you start the green card process, you may be able to stay longer while your application is pending.

Key Difference:
The TN Visa offers unlimited renewals, while the H-1B Visa has a 6-year maximum unless you are applying for a green card.

Can You Apply for a Green Card? Dual Intent and Permanent Residency

TN Visa and Green Card

• No Dual Intent: The TN Visa is for temporary work only. You are not supposed to plan to stay permanently.
• Green Card Complications: If you apply for a green card while on a TN Visa, you could lose your TN status. This makes it hard for TN holders to switch to permanent residency.

H-1B Visa and Green Card

• Dual Intent Allowed: The H-1B Visa lets you apply for a green card without losing your visa status.
• Clear Path: Many people use the H-1B as a stepping stone to permanent residency in the United States 🇺🇸.

Practical Tip:
If your goal is to live in the United States 🇺🇸 permanently, the H-1B Visa is usually the better choice.

What About Wages and Labor Rules?

TN Visa Wage Rules

• No Prevailing Wage: Employers do not have to pay a minimum wage set by the government. This can make it easier for employers to hire, but it may mean lower pay for workers.

H-1B Visa Wage Rules

• Prevailing Wage Required: Employers must pay at least the average wage for the job in that area. This protects workers from being underpaid but can increase costs for employers.

Key Point:
The H-1B Visa offers more wage protection for workers, while the TN Visa is more flexible for employers.

Recent Policy Updates (2024-2025): What’s New?

TN Visa Changes

• Stricter Rules: In June 2025, U.S. immigration officials made it harder to qualify for some jobs, especially in IT and software. Only jobs that clearly match the approved list and have the right degree are accepted.
• More Scrutiny: Applications are being checked more closely, so it’s important to have the right paperwork and job description.

H-1B Visa Changes

• Lottery Reform: The new beneficiary-centered lottery system makes it harder for big companies to flood the lottery with multiple entries for the same person.
• Cap Exemptions: More nonprofits and research groups can now hire H-1B workers without worrying about the annual cap.
• Stronger Enforcement: There are more site visits and checks to prevent fraud.
• Clearer Job Rules: The job must closely match the worker’s degree.

Impact:
These changes aim to make both programs fairer and reduce abuse. However, they also mean more paperwork and closer checks for both employers and workers.

Real-World Examples: Who Should Choose Which Visa?

Example 1: Canadian Engineer

Maria is a Canadian citizen with a degree in civil engineering. She gets a job offer from a U.S. company to work as an engineer. Her job is on the TN list, and her degree matches. Maria can apply for a TN Visa at the border and start work quickly. If she wants to stay longer, she can keep renewing her TN Visa. But if she wants to become a permanent resident, she may need to switch to another visa later.

Example 2: Indian Software Developer

Ravi is an Indian citizen with a degree in computer science. He gets a job offer from a U.S. tech company. He cannot use the TN Visa because he is not from Canada 🇨🇦 or Mexico 🇲🇽, and his job is not on the TN list. Ravi’s employer must apply for an H-1B Visa for him. He will enter the lottery and, if selected, can work for up to 6 years. If Ravi wants to apply for a green card, he can do so while on the H-1B.

Example 3: Mexican Teacher

Ana is a Mexican citizen with a teaching degree. She is offered a job as a teacher in the United States 🇺🇸. Teaching is on the TN list, so Ana can apply for a TN Visa at the U.S. consulate in Mexico 🇲🇽. She can renew her visa as long as she keeps her job. If Ana decides she wants to stay in the United States 🇺🇸 permanently, she will need to plan carefully, as the TN Visa does not allow dual intent.

Practical Implications for Employers and Workers

For Employers

• TN Visa:
  • Faster and cheaper for eligible Canadian and Mexican workers.
  • No annual cap or lottery.
  • Limited to certain jobs.
  • No prevailing wage requirement.
• H-1B Visa:
  • Open to workers from any country.
  • Covers more job types.
  • Annual cap and lottery can make hiring uncertain.
  • Must pay prevailing wage.

For Workers

• TN Visa:
  • Quick entry and easy renewals.
  • Only for certain jobs and nationalities.
  • Hard to get a green card directly.
• H-1B Visa:
  • Available to more people and jobs.
  • Longer wait times and lottery risk.
  • Easier path to permanent residency.

As reported by VisaVerge.com, many employers prefer the TN Visa for eligible candidates because it is faster and less expensive. However, the H-1B Visa remains the main option for most foreign professionals, especially those who want to settle in the United States 🇺🇸 long-term.

Comparing TN Visa and H-1B Visa: At a Glance

Official Resources and Where to Get Help

• USCIS TN Visa Information:
  For the latest rules and the list of approved jobs, visit the official USCIS TN visa page.

• USCIS H-1B Visa Information:
  For full details on the H-1B program, including forms and updates, see the USCIS H-1B specialty occupations page.

• Application Forms:

  • Form I-129 (Petition for a Nonimmigrant Worker): Used by employers to sponsor H-1B workers. Access Form I-129 here.
  • Form DS-160 (Online Nonimmigrant Visa Application): Used by Mexican citizens for TN Visa applications at a consulate. Access Form DS-160 here.
• Legal Advice:
  Immigration lawyers can help you understand your options, especially with the new rules in 2025.

What Should You Do Next?

• Check Your Eligibility:
  Are you from Canada 🇨🇦 or Mexico 🇲🇽? Is your job on the TN list? If yes, the TN Visa may be your best option for quick entry and easy renewals.

• Consider Your Long-Term Plans:
  Do you want to become a permanent resident? The H-1B Visa is better for those planning to apply for a green card.

• Talk to Your Employer:
  Your employer’s needs and ability to pay required wages may affect which visa is possible.

• Stay Updated:
  Immigration rules change often. Always check the latest information on the USCIS website.

Final Thoughts

Choosing between the TN Visa and the H-1B Visa is a big decision that depends on your nationality, job, and future plans. The TN Visa is a great choice for eligible Canadians and Mexicans who want a fast, flexible way to work in the United States 🇺🇸 for a temporary period. The H-1B Visa is better for people from other countries, those in jobs not on the TN list, and anyone hoping to become a permanent resident.

Recent policy changes in 2025 have made both programs stricter and more closely watched. It’s important to prepare your application carefully and understand the rules. By knowing the differences, you can make the best choice for your career and your life in the United States 🇺🇸.

Learn Today

TN Visa → A work visa for Canadian and Mexican citizens under USMCA for specific professional jobs.
H-1B Visa → A U.S. work visa for specialty occupations requiring a bachelor’s degree, open worldwide.
Dual Intent → A visa feature allowing holders to apply for permanent residence while maintaining visa status.
Prevailing Wage → Minimum average wage employers must pay H-1B workers to protect labor standards.
Lottery System → A random selection process used to allocate limited H-1B visas annually.

This Article in a Nutshell

Choosing between the TN and H-1B visas depends on nationality, job type, and long-term plans. TN is faster for Canadians and Mexicans, while H-1B suits diverse professions and offers a path to permanent residency. Recent 2025 policy changes have increased scrutiny and fairness for both visas.
— By VisaVerge.com