TN or H-1B: how do the two professional work visas compare for Canadians and Mexicans?

The short version

Neither route is better in general.

• Who. TN: citizens of Canada or Mexico only. H-1B: any nationality.
• Job. TN: one of the professions on the USMCA list, at a professional level, with that profession's minimum credentials. H-1B: any specialty occupation, meaning a job that needs at least a bachelor's degree in a specific, directly related field.
• Numbers. Most first H-1B petitions count against an annual cap and need a selected registration. The TN rules checked set no cap or registration step.
• Applying. TN: Canadians can apply to a US Customs and Border Protection (CBP) officer at certain ports of entry; Mexicans get a TN visa at a US consulate first. H-1B: the employer files a petition with USCIS first.
• Stay. TN: up to 3 years at a time, with no specific limit on the total. H-1B: generally up to 3 years, extendable to a total of 6, with exceptions tied to some green card cases.
• Green card plans. TN entry must be temporary. H-1B lets the worker seek permanent residence at the same time.

Sources: 8 CFR 214.6(b)–(e), (i) and (j); 8 CFR 214.6(h); USCIS, TN USMCA Professionals; USCIS, H-1B Specialty Occupations: cap, filing process, period of stay and portability; 8 CFR 214.2(h)(4), (h)(8), (h)(15) and (h)(16)

Who each route covers

TN. USCIS lists five conditions: the person is a citizen of Canada or Mexico; the profession is on the USMCA list; the US position requires a professional in that field; the work is a prearranged full-time or part-time job for a US employer or entity; and the person has the qualifications to practice the profession. TN does not allow setting up a business or practice in which the professional is, in substance, self-employed. Rendering services to a company of which the professional is the sole or controlling shareholder or owner counts as self-employment.

H-1B. The employer (or an agent) is the petitioner, and the job must be a specialty occupation. The worker can be any nationality. A worker who owns more than 50 percent of the petitioner can still be the beneficiary, but the first petition and first extension are each limited to up to 18 months.

Sources: USCIS, TN USMCA Professionals; 8 CFR 214.6(b)–(e), (i) and (j); USCIS, H-1B Specialty Occupations: cap, filing process, period of stay and portability

The professional test: a list or a degree

TN uses a fixed list in Appendix 2 to Annex 16-A of Chapter 16 of the USMCA, set out in 8 CFR 214.6(c), with minimum credentials for each profession. Some examples from the list:

• Accountant: a baccalaureate or licenciatura degree, or a C.P.A., C.A., C.G.A. or C.M.A.
• Engineer: a baccalaureate or licenciatura degree, or a state or provincial license.
• Computer Systems Analyst: a baccalaureate or licenciatura degree, or a post-secondary diploma or certificate plus three years of experience.
• Registered Nurse: a state or provincial license, or a licenciatura degree.

Sources: 8 CFR 214.6(b)–(e), (i) and (j)

How the H-1B degree test differs

H-1B has no list. The job must need the theoretical and practical application of highly specialized knowledge and at least a bachelor's degree in a specific specialty directly related to the duties, or its equivalent; a job any general degree would satisfy does not count. The worker can qualify with that degree, a foreign equivalent, a required license, or equivalent education and experience. Before filing, the employer also needs a certified labor condition application (LCA) from the Department of Labor (DOL).

For TN, degrees from a school outside Canada, Mexico or the United States must come with an evaluation by a reliable credentials evaluation service.

Sources: 8 CFR 214.2(h)(4), (h)(8), (h)(15) and (h)(16); USCIS, H-1B Specialty Occupations: cap, filing process, period of stay and portability; 8 CFR 214.6(b)–(e), (i) and (j)

How you apply

TN, Canadian citizens. A Canadian living outside the United States does not need a TN visa. They apply to a CBP officer at certain CBP-designated ports of entry or a pre-clearance station, with proof of Canadian citizenship, a letter from the prospective employer on the professional role, purpose, length of stay and qualifications, and any credentials evaluation, together with the applicable fees. Alternatively, the employer can file Form I-129 with USCIS first.

TN, Mexican citizens. A Mexican citizen applies for a TN visa at a US embassy or consulate, and then asks CBP for admission. A visa is a travel document; the I-94 admission record shows status.

H-1B. For a cap-subject case, the employer first registers the worker electronically and must be selected. The employer then gets a certified LCA and files Form I-129 with USCIS. If the petition is approved, a worker abroad applies for a visa where one is required, and then asks CBP for admission.

Sources: USCIS, TN USMCA Professionals; 8 CFR 214.6(b)–(e), (i) and (j); USCIS, H-1B Specialty Occupations: cap, filing process, period of stay and portability

Cap and lottery

The H-1B cap is 65,000 new statuses or visas a fiscal year, adjusted for H-1B1 set-asides, plus 20,000 for people with a US master's degree or higher. Workers at institutions of higher education and their affiliated nonprofits, nonprofit research organizations and government research organizations are exempt. Registration typically opens in March, selection is weighted by the offered wage level, and selected petitions start on 1 October or later.

Nothing in the TN regulation, USCIS page or Foreign Affairs Manual chapter checked for this guide sets an annual cap or registration step for TN.

Sources: USCIS, H-1B Specialty Occupations: cap, filing process, period of stay and portability; 8 CFR 214.2(h)(4), (h)(8), (h)(15) and (h)(16); 8 CFR 214.6(b)–(e), (i) and (j); 9 FAM 402.17-7 and 402.17-9

How long each lasts, and changing jobs

TN: admission is for up to 3 years. USCIS can extend TN stay by up to 3 years at a time, or the person can apply again at the border. The regulation sets no specific limit on the total time in TN status, as long as the person keeps doing TN work at a professional level and maintains status. A new or additional employer must file Form I-129, and work for it is not authorized until USCIS approves the request; alternatively, the person can apply at the border, or at a consulate for Mexicans, with the new employer's documents.

H-1B: generally up to 3 years, extendable to a total of 6. Extensions past six years are possible in some green card cases. A worker may generally start with a new H-1B employer once it properly files a non-frivolous Form I-129, or on the requested start date if later.

Sources: 8 CFR 214.6(h); USCIS, TN USMCA Professionals; USCIS, H-1B Specialty Occupations: cap, filing process, period of stay and portability; 8 CFR 214.2(h)(4), (h)(8), (h)(15) and (h)(16)

Family members

TN: a spouse and unmarried children under 21 can hold TD status for no longer than the TN worker. They may study but may not work.

H-1B: a spouse and unmarried children under 21 can hold H-4 status. H-4 status does not by itself allow work; an H-4 spouse can apply for work authorization only if the H-1B worker is the beneficiary of an approved immigrant petition or has H-1B time extended under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act (AC21).

Sources: USCIS, TN USMCA Professionals; 8 CFR 214.2(h)(9)(iv)

Planning a green card later

TN: entry must be temporary, meaning without the intent to establish permanent residence, and the person must satisfy the officer that the stay has a reasonable, finite end. The State Department's guidance adds that an intent to immigrate in the future, in no way connected to the current trip, need not by itself make the trip not temporary, and that repeated TN renewals may still be temporary if there is no immediate intent to immigrate.

H-1B: an approved labor certification or a filed preference petition is not a basis for denying an H-1B petition, extension or admission, and the worker may come temporarily and at the same time lawfully seek permanent residence.

Sources: 8 CFR 214.6(b)–(e), (i) and (j); 9 FAM 402.17-7 and 402.17-9; 8 CFR 214.2(h)(4), (h)(8), (h)(15) and (h)(16)

Government fees, dated

As of 19 October 2026, the USCIS fee schedule (Form G-1055, edition 10/16/26) lists these Form I-129 amounts, each per petition. Fees change, so check before paying. Lawyer fees, credential evaluations and travel are separate.

• TN petition, if the employer files with USCIS: $1,015 on paper or $965 online; $510 for a small employer or nonprofit. Plus an Asylum Program Fee of $600 for a regular petitioner, $300 for a small employer or $0 for a nonprofit.
• TN at the border: Canadians pay the fee prescribed in the regulations on admission, and there is no fee for admitting a TD spouse or children. The amount is not in the sources checked. Mexican citizens pay the State Department's visa fees.
• H-1B petition: $780 on paper or $730 online; $460 for a small employer or nonprofit. Plus the same Asylum Program Fee tiers, a $500 Fraud Prevention and Detection fee for initial H-1B status or a change of employer, an ACWIA fee of $1,500 or $750 depending on the employer's workforce unless exempt, and a $4,000 Public Law 114-113 fee for petitions filed on or before 30 September 2027 by employers with 50 or more US employees, more than half of them in H-1B, L-1A or L-1B status.
• H-1B registration: $215 per beneficiary, for cap-subject cases.
• Premium processing (Form I-907), optional: $2,965 for an H-1B or a TN petition.

Sources: Form G-1055 fee schedule (edition 10/16/26): Appendix A, I-129 E and TN petitions, and Form I-907; Form G-1055 fee schedule (edition 10/16/26): H-1B registration and I-129 H-1B petitions; 8 CFR 214.6(b)–(e), (i) and (j)

The $100,000 H-1B payment is unsettled

A Presidential Proclamation of 19 September 2025 requires a $100,000 payment for certain H-1B petitions, mainly for workers abroad. On 8 June 2026 a federal district court vacated the agency guidance implementing it, and on 24 July 2026 the First Circuit refused to stay that order. As of 19 October 2026, USCIS says DHS will comply while it considers next steps and still plans to collect the payment if the order is lifted. No such payment applies to TN in the sources checked.

Sources: USCIS, H-1B Specialty Occupations: alert on the $100,000 payment

The facts that decide which to look at more closely

These questions separate the two routes:

• Are you a citizen of Canada or Mexico? Permanent residence in either country is not the same as citizenship.
• Is the job one of the listed TN professions, and do you hold that profession's minimum credentials?
• Does the job need a bachelor's degree in a specific, directly related field, as the H-1B requires?
• Will you own or control the company you work for? TN does not allow self-employment; H-1B allows majority owners with shorter validity periods.
• Is the employer cap-exempt? If not, can the start date wait for registration and selection?
• Is a green card part of your plan, and when?
• Does a spouse need to work in the United States?

Sources: USCIS, TN USMCA Professionals; 8 CFR 214.6(b)–(e), (i) and (j); 8 CFR 214.2(h)(4), (h)(8), (h)(15) and (h)(16); USCIS, H-1B Specialty Occupations: cap, filing process, period of stay and portability

What no rule settles in advance

Whether a job fits a TN profession, whether the stay is temporary, and whether a position is a specialty occupation are decided by the officer or USCIS on the documents presented. Processing times vary; check the USCIS processing-times page.

Sources: 8 CFR 214.6(b)–(e), (i) and (j); 9 FAM 402.17-7 and 402.17-9; 8 CFR 214.2(h)(4), (h)(8), (h)(15) and (h)(16)

How Visa Trouble can help

We can point you to official information, but we don’t assess or prepare TN or H-1B applications. Free route discovery at Visa Trouble can show routes worth comparing if your plans go beyond these two. Visa Trouble is not a law firm and does not give legal advice.