TN vs H-1B: Which Should You Choose?

Updated 2026-10-212 min readNot legal advice in W X

QUICK ANSWER

If your job fits a USMCA profession, TN is usually faster, cheaper and more certain than the H-1B, with no lottery and no cap. The H-1B wins if your job is not on the TN list, or if you want to start a green card without worrying about immigrant intent.

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Every job is from an employer that filed H1Bs in 2025. See which ones fit your resume.

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Side by side

Who: TN is for Canadian and Mexican citizens. H-1B is open to anyone.
Jobs: TN covers only USMCA professions. H-1B covers any specialty occupation.
Lottery and cap: TN has neither. Most new H-1B jobs need a lottery win.
Paperwork: TN needs an employer letter, sometimes an I-129. H-1B needs an LCA and a USCIS petition.
Length: TN is up to three years at a time with no total limit. H-1B is usually six years in total.
Spouse: TD spouses cannot work. H-4 spouses can work only with an H-4 EAD in limited cases.
Green card: H-1B allows immigrant intent. TN does not.

Speed and certainty

A Canadian can get TN at the border in one day. A Mexican needs a visa interview first, which can take weeks. Either way, you do not wait for a lottery.

The H-1B lottery runs once a year in March, and since the FY 2027 season it weights entries by wage level. See the wage-based lottery.

Top H-1B sponsors, 2025US Department of Labor data

Employer	H-1B filings	Transfers	Median pay
Amazon.Com Services LLC	14,047	2,382	$155k
Cognizant Technology Solutions US CorpGC frozen	10,209	872	$110k
Ernst & Young U.S. LLP	9,808	269	$143k
Google LLC	7,899	844	$186k
Microsoft CorporationGC frozen	7,840	879	$173k
Tata Consultancy Services LimitedGC frozen	7,287	353	$86k

Every sponsor, with their open jobsSee the list ›

Cost

TN at the border has no USCIS fee. An I-129 for TN costs $965 to $1,015 plus the Asylum Program Fee for most employers.

H-1B petitions cost more, and new petitions for workers outside the US were hit by the September 2025 $100,000 payment. As of October 2026, collection is paused by court order while the government appeals. See the $100,000 fee guide.

Which jobs fit

TN is narrow. A role must match a listed profession, and since June 2025 USCIS reads some categories, like engineer and economist, more strictly. Check TN professions.

If your job is in product management, HR, sales or general business, TN likely will not work and H-1B may be your route.

Green card plans

TN requires a temporary stay with a finite end. That makes a green card process harder to manage, especially at border renewals. Once an I-485 is filed, travel on TN generally abandons it unless you have advance parole.

H-1B workers can hold status and travel on a valid visa while a green card is pending. Read TN to green card.

Switching from TN to H-1B

Your employer registers you in the March lottery. If selected, it files a change of status to start October 1, and you stay on TN until then. USCIS has said a change of status granted inside the US is not subject to the $100,000 payment.

Time in TN does not count toward the H-1B six-year limit, and USCIS says you can move from H-1B or L-1 to TN without regard to those limits.

TN or E-3 for dual citizens

If you are also Australian, compare the E-3. It covers any specialty occupation and lets your spouse work, but comes in two-year terms.

Not legal advice

This is general information as of October 21, 2026, not legal advice. Rules and fees change, so confirm your situation with an immigration attorney.

Questions

Is TN better than H-1B?

For speed and cost, usually yes, if your job fits a USMCA profession. For a green card plan or a job outside the list, H-1B is often better.

Can I switch from TN to H-1B?

Yes. Your employer enters you in the H-1B lottery, and if you are selected it files a change of status. You can stay on TN while you wait.

Does TN time count toward the H-1B six-year limit?

No. The six-year limit counts time in H and L status, not TN.

Can my spouse work if I'm on TN?

No. TD spouses cannot work. An H-1B spouse may get an H-4 EAD only after certain green card steps.

Is the $100,000 fee a reason to choose TN?

It can be for employers hiring from abroad, since the payment covers new H-1B petitions and not TN. As of October 2026, its collection is paused by court order.