Updated November 12, 2026

TN visa vs. H-1B: USMCA work options for Canadian and Mexican citizens

Choosing between TN status and an H-1B visa comes down to nationality, timing and long-term plans. TN status is open only to Canadian and Mexican citizens in listed USMCA professions without prior petition or labor certification requirements for border entry, while USCIS caps new H-1B visas at 65,000 per fiscal year plus 20,000 for U.S. advanced degree holders. Use TN when your role matches the USMCA list and you want year-round processing, and use H-1B when your specialty role is off that list, you plan to pursue permanent residence, or your spouse wants work authorization.

Side-by-side comparison: TN status vs. H-1B

Both classifications allow temporary professional work in the United States for up to 3 years initially. TN classification is governed by the United States-Mexico-Canada Agreement (USMCA), which replaced NAFTA on July 1, 2020, and kept all substantive immigration elements unchanged. H-1B covers specialty occupations under the Immigration and Nationality Act for workers of any nationality.

Comparison of TN and H-1B rules from USCIS and CBP guidance

Who qualifies: USMCA professions, degrees and wage rules

Only Canadian and Mexican citizens qualify for TN status. Permanent residents of Canada or Mexico are ineligible. You need a prearranged full-time or part-time job with a U.S. employer or entity in a profession listed in USMCA Chapter 16, Appendix 2 (page 1322 of the USMCA, identical to NAFTA Appendix 1603.D.1 and 8 CFR 214.6(c)). Self-employment is barred. Under Section 343 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, specific health care workers must complete VisaScreen before receiving TN status, and USCIS updated its policy manual on December 18, 2025, to reflect the Commission on Graduates of Foreign Nursing Schools' rename to TruMerit. Admission in TN status does not automatically qualify a worker for H-1B or employment-based immigrant status.

H-1B covers specialty occupations across fields such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, computer programming, accounting, law, theology and the arts, plus Department of Defense cooperative research workers and fashion models of distinguished merit or ability. The job must normally require at least a U.S. bachelor's degree or higher in a directly related specific specialty (meaning a logical connection between the degree and duties), or its equivalent.

Credential rules are stricter on TN. TN applicants need the specific degree or credential listed for their USMCA category. H-1B applicants can qualify with a U.S. bachelor's or higher degree, an equivalent foreign degree, an unrestricted state license, or education, specialized training and progressively responsible experience equivalent to a U.S. bachelor's degree with recognized expertise. If a state or local license is required for an H-1B role, the worker generally must hold it before petition approval.

Wage rules also differ. USMCA Chapter 16, Annex 1603, Section (D)(2)(a) bars prior approval procedures, petitions or labor certification tests as a condition of TN entry. H-1B specialty occupation employers must submit a Department of Labor certified Form ETA-9035/9035E Labor Condition Application with Form I-129, attesting under penalty of fines and sponsorship bars that they will pay the higher of the actual or local prevailing wage, protect working conditions, confirm no strike or lockout, and post workplace or union notice.

How to apply: Canadian border entry, Mexican consulates and USCIS petitions

Canadian citizens do not need a consular TN visa or prior Form I-129. You can apply directly with CBP at a U.S. Class A port of entry, an international airport, or a Canadian pre-clearance station. CBP designates 14 ports of entry, including 4 pre-clearance airports in Calgary, Toronto, Montreal (Dorval) and Vancouver, for optimized first-time TN processing, though any Canadian border port remains open. A Canadian needs a consular TN visa only when lacking TN status, living in a third country with a non-Canadian spouse or child, and entering together so family members can seek TD visas. Employers may also optionally file Form I-129 (with Premium Processing available) for a Canadian abroad, who then brings proof of citizenship, the approval notice and a copy of the petition to CBP.

Mexican citizens cannot apply directly at the border first. You must submit Form DS-160, pay the application fee in the fee table below, and interview at a U.S. embassy or consulate in Mexico. Once your TN visa is issued, you may seek CBP admission up to 10 days before your start date for an electronic Form I-94 of up to 3 years.

H-1B cases for any nationality require employer filing first. Cap-subject employers register electronically in March, obtain a certified LCA if selected, and file Form I-129 (online or by mail) no more than 6 months before the start date. After Form I-797 approval, workers abroad obtain an H-1B visa if required for their nationality and present Form I-797 to CBP.

• Canadian TN border documents (CBP): proof of Canadian citizenship, a prospective employer letter stating your USMCA professional capacity, purpose of employment, length of stay and educational qualifications, any applicable credentials evaluation, and inspection fees.
• Mexican TN interview documents (CBP): a Mexican passport valid at least 6 months, DS-160 confirmation and fee receipt, company letterhead support letter (job title, duties, stay up to 3 years and salary arrangements), original diploma and transcripts (evaluation recommended if outside North America), and proof of ties to Mexico.

Quotas, the FY 2027 weighted H-1B lottery and selection odds

TN status has no annual lottery or prior petition requirement for entry. Cap-subject H-1B petitions face a statutory cap of 65,000 regular visas (with up to 6,800 set aside for Chile and Singapore H-1B1, unused numbers rolling to the next year) plus 20,000 petitions for U.S. master's or higher degree holders. U.S. institutions of higher education, their affiliated nonprofits, nonprofit or government research organizations, and Guam or CNMI petitions filed before December 31, 2029, are cap exempt.

USCIS opens electronic registration for at least 14 calendar days each year. For FY 2027, registration ran from noon Eastern on March 4 through 5:00 p.m. Eastern on March 19, with selection notices by March 31 and petition filing starting April 1 for an October 1 or later start date. USCIS reached both the 65,000 and 20,000 caps for FY 2027.

In FY 2026, USCIS recorded 343,981 eligible registrations for roughly 339,000 unique beneficiaries (down 26.9% from 470,342 in FY 2025) and selected 120,141 registrations. By our calculation from USCIS's FY 2021-2026 H-1B Electronic Registration table, the selection rate was 34.9% in FY 2026 (120,141 of 343,981), compared with 28.7% in FY 2025 (135,137 of 470,342).

Starting in FY 2027, USCIS weights random selection by the highest Occupational Employment and Wage Statistics (OEWS) wage level that the offered salary equals or exceeds for the SOC code and work area: Wage Level IV enters the pool 4 times, Level III 3 times, Level II 2 times, and Level I 1 time. Entry-level Canadians and Mexicans in USMCA roles can use TN status to start right away without facing 1x lottery weighting.

Filing fees and the vacated H-1B proclamation payment

Form I-129 base and statutory fees vary by employer headcount and are listed on USCIS Form G-1055. DHS also raised Form I-907 Premium Processing fees for inflation effective March 1, 2026, and under an August 10, 2026 final rule effective September 9, 2026, covered employers (50 or more U.S. employees with more than 50% in H-1B, L-1A or L-1B status) must submit the 9-11 Response and Biometric Entry-Exit Fee on H-1B petitions other than non-extending amendments.

Ignore outdated claims about a six-figure H-1B fee. A September 19, 2025 Presidential Proclamation set an additional payment (shown in the table below) for certain petitions filed at or after 12:01 a.m. Eastern on September 21, 2025, for beneficiaries outside the country without a valid H-1B visa. On June 8, 2026, a federal court vacated that payment guidance in State of California v. Mullin, and on July 24, 2026, the First Circuit denied a stay. USCIS confirms DHS is complying and not collecting it.

For mailed USCIS filings, paper checks and money orders are rejected without an exemption. Petitioners must pay separately per form using a U.S.-issued card (Form G-1450) or U.S. bank ACH debit (Form G-1650).

Fees and payment limits from uscis.gov and help.cbp.gov, as of November 2026

Temporary intent, length of stay and green card transitions

Every TN applicant must satisfy the consular or CBP officer that the proposed stay is temporary and show ties abroad. Both TN and H-1B grant up to 3 years initially. TN workers can extend stay inside the country via Form I-129 or depart before expiration and apply anew at a designated port of entry or pre-clearance station.

H-1B has a standard 6-year limit (3 years plus up to 3 years extension), capped at 18 months initially and on the first extension if the worker owns more than 50% of the petitioner or holds majority voting rights. Under AC21 and 8 CFR 214.2(h)(13)(iii), H-1B workers seeking permanent residence can extend beyond 6 years in two ways:

• Up to 3-year increments: with an approved EB-1, EB-2 or EB-3 Form I-140 when an immigrant visa number is unavailable due to per-country or worldwide limits.
• Up to 1-year increments: when a labor certification or immigrant petition was filed at least 365 days earlier, provided you file to adjust status or apply for an immigrant visa within 1 year of visa availability.

Changing jobs, extensions and layoffs

H-1B portability lets you start at a new employer, or under amended terms with your current employer, once a non-frivolous Form I-129 is properly filed before your stay expires (or on the requested start date, if later), assuming no unauthorized work since your last admission. On Form I-9, the employer records your unexpired Form I-94 and foreign passport with AC-21 and the filing date. TN has no filing-date portability: you must contact USCIS via Form I-129 or obtain a new border admission before changing employers.

A timely Form I-129 extension with the same H-1B employer extends work authorization up to 240 days while pending. Always check Form I-94 after travel, because an earlier Form I-94 expiration overrides Form I-797. If H-1B employment ends, you have up to 60 consecutive days (or until validity ends, if shorter) to find a new employer, change status or depart, and an employer who terminates you early must pay reasonable return transportation costs abroad.

Spouses and children: TD status vs. H-4 status

Spouses and unmarried children under 21 qualify for TD status (with TN) or H-4 status (with H-1B). TD dependents may study and are never permitted to work. If a Mexican TD dependent extends stay in the United States and travels abroad after their TD visa expires, they need a new consular TD visa to return.

H-4 spouses may file Form I-765 for an Employment Authorization Document (Form I-766) once the H-1B worker has an approved Form I-140 or an AC21 extension under sections 106(a) and (b). Form I-539 and Form I-765 can be packaged with Form I-129 for joint review, work begins only after EAD approval, and renewals can be filed up to 180 days before expiration.

Decision checklist: 5 steps to pick your path

Our team built this five-step checklist from USCIS and CBP rules to plan immediate hiring and multi-year status.

• 1. Verify citizenship: Canadian and Mexican permanent residents are ineligible for TN and need H-1B or another visa.
• 2. Match your job and degree: Choose H-1B if your role is outside USMCA Appendix 2 or you rely on work experience equivalency.
• 3. Check timing and wage tier: Use TN if eligible to skip March registration and 1x OEWS Level I selection weighting.
• 4. Plan for spouse employment: Enter the H-1B cap while on TN if your spouse will want an H-4 EAD after Form I-140 approval.
• 5. Time green card steps carefully: Transition from TN to H-1B before permanent residence filings if you want AC21 extensions and travel flexibility.

Practice example

TN border or consular interview question: What will your day-to-day duties be in the United States, how does your degree qualify you for this USMCA category, and when do you plan to return home?

At a Canadian port of entry or Mexican U.S. consulate interview, give the officer a clear, three-part explanation in your own words without reciting a memorized speech. First, state the exact USMCA profession named in your employer's support letter and describe two or three daily tasks that fit that specific category rather than a general management role. Second, point to your original university diploma, transcripts and any required license or foreign credential evaluation so the officer can verify your academic match right away. Third, confirm the length of stay requested in your support letter (up to 3 years) and name the concrete ties bringing you back to Canada or Mexico afterward, such as property, close family or ongoing financial commitments. Keep your passport, original degree, transcripts and signed company letterhead support letter organized so you can hand over whichever document the officer asks to see.

CBP border officers and consular officers verify three core points on every TN application: that the duties genuinely match a listed USMCA profession, that your credentials satisfy that category's educational rule, and that your stay is temporary.

This is interview practice, not legal advice. For questions about your own case, talk to an immigration attorney. Visaful is not affiliated with the U.S. government or the Department of State.