TN Visa vs H-1B: Best U.S. Work Visa for Canadians

TN Visa vs H-1B: Best U.S. Work Visa for Canadians

For Canadian professionals seeking employment in the United States, the TN Visa and the H-1B Visa are the two most commonly considered work visa options. While both allow qualified individuals to work legally in the U.S., they differ significantly in eligibility, process, cost, and long-term strategy.

This guide compares the TN visa vs H-1B visa to help Canadians determine which option best suits their career goals.

1. What Is a TN Visa?

The TN (Trade NAFTA / USMCA) Visa is a special work visa available only to Canadian and Mexican citizens under the United States–Mexico–Canada Agreement (USMCA).

Key Features:

• Available only for specific listed professions
• Employer sponsorship required, but no lottery
• Fast processing—often same day at the border
• Issued for up to 3 years, renewable indefinitely
• Lower cost and minimal paperwork compared to H-1B

Common TN professions include:

• Engineers
• Computer Systems Analysts
• Accountants
• Architects
• Management Consultants
• Scientists and researchers

2. What Is an H-1B Visa?

The H-1B visa is a U.S. work visa for foreign nationals employed in specialty occupations requiring at least a bachelor’s degree.

Key Features:

• Open to all nationalities
• Subject to an annual lottery
• Limited to 85,000 visas per year
• Initial validity of 3 years (maximum of 6 years)
• Allows dual intent (green card pathway)

Due to the lottery system, even highly qualified applicants may not be selected.

3. TN Visa vs H-1B: Key Differences

4. Which Visa Is Better for Canadians?

✅ TN Visa Is Better If You:

• Are a Canadian citizen
• Work in a USMCA-listed profession
• Need fast entry to the U.S.
• Want a lower-cost option
• Do not require immediate green card sponsorship

✅ H-1B Visa Is Better If You:

• Do not qualify for a TN profession
• Plan to pursue U.S. permanent residence
• Have an employer willing to sponsor long-term
• Are prepared for the lottery risk

Many Canadians start on a TN visa and later transition to H-1B or permanent residence with proper legal planning.

5. Common Mistakes Canadians Make

• Assuming TN visas automatically lead to green cards
• Applying under the wrong TN profession
• Poorly drafted employer support letters
• Violating TN non-immigrant intent rules
• Entering the U.S. without proper legal preparation

These mistakes can result in denial at the border or future immigration issues.

6. Can You Switch From TN to H-1B or Green Card?

Yes—but it requires careful legal strategy.

Improper timing or filings can:

• Violate TN non-immigrant intent
• Trigger refusals
• Affect future U.S. travel

Legal guidance is essential when transitioning between visa types.

How Mann Law Can Help

U.S. work visas involve complex cross-border legal considerations.
Mann Law assists Canadian professionals and U.S. employers with:

• TN visa applications and renewals
• H-1B visa strategy and filings
• Border preparation and compliance
• Transitioning from TN to permanent residence

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