You may need a TN vs H-1B visa comparison if you are a Mexican or Canadian professional who wants to immigrate to the United States to work. These are just two visa options available to foreign professionals, and although they are often discussed interchangeably, they are very different. So, before you go through the process of applying, you need to understand what these visas provide and who they are designed for. Keep reading to learn more about the best U.S. work visa for Canadian professionals and Mexican professionals.
TN Visa Overview
A TN visa is just one of the NAFTA-related visas, which means that it was created under the North American Free Trade Agreement. This agreement was made between the United States, Mexico, and Canada. Because of this, the TN visa is available exclusively to both Mexican and Canadian professionals who meet the eligibility criteria.
The TN visa is available to professionals in over 60 professional roles, including graphic designers, accountants, management consultants, computer analysts, and engineers.
If you qualify for the TN visa, it will be valid for up to three years and can be extended indefinitely so that you can remain in the United States. You can also apply directly at the U.S. port of entry if you are Canadian, which simplifies the application process as well as lowers the processing fees.
Before seriously considering applying for a TN visa, you first need to make sure you meet the eligibility requirements:
- You are a legal citizen of Canada or Mexico.
- Your profession is included in the USMCA.
- The United States requires a USMCA professional to fill a specific position.
- You have the necessary qualifications to work in your profession.
- You will be employed full-time or part-time by a U.S. employer or entity.
H-1B Visa Overview
Now that you know about one of the best visas for Canadian engineers, what about the H-1B visa? The H-1B visa is more complex than the TN visa, as it is specifically created for specialty occupations. These occupations require a high level of expertise in industries such as IT, engineering, and finance.
The TN visa vs H-1B processing time also varies significantly, as the H-1B visa has an annual cap of 85,000 visas globally. Also, applicants are chosen at random through a lottery process.
However, like a TN visa, a H-1B visa is valid for up to three years and can be extended. However, extensions can only go up to six years, which can put a time limit on your ability to work in the United States.
Qualifying for an H-1B visa can be quite challenging, and you will need to be able to prove that you meet the following eligibility requirements:
- Your profession is highly specialized.
- You have a bachelor’s or higher degree that is directly related to your profession.
- Your bachelor’s or higher degree must come from an accredited college or university.
- The position you want to fill must require a bachelor’s or higher degree.
There are many exceptions to these eligibility requirements depending on different circumstances. Because of this, it is strongly recommended that you get the help of an immigration attorney if you want to apply for an H-1B or NAFTA work visa in 2025.
Comparing the Two Visa Types
Although often lumped together, a TN vs H-1B visa comparison shows that these visas are quite different. So, although they are both specifically created for Canadian and Mexican professionals, they will not be suitable for every situation or every individual.
Here is a breakdown of the main factors that make these two visa options different:
- An H-1B visa uses a visa lottery, while a TN visa doesn’t.
- Immediate entry is available for TN applicants, while the application process for an H-1B visa could take several months.
- The filing fees for a TN visa are quite low, especially for Canadian professionals, while an H-1B visa can go as high as thousands of dollars.
- TN visas have unlimited renewals, while H-1B visas can only be extended up to six years.
- The renewal process for an H-1B visa can be initiated through the USCIS, while renewal for TN visas can be done at the border or by mail.
- H-1B visas are only available for specialty occupations, whereas TN visas cover over 60 NAFTA roles.
- The education requirements for TN visas vary depending on the profession, while H-1B visas require a bachelor’s, higher degree, or equivalent.
If you still aren’t sure which type of visa you should apply for, you need to consult with an immigration attorney. They can help you determine whether or not you meet the requirements for each type of visa and the likelihood of your application being accepted.
Generally speaking, H-1B visas are rarer and are more difficult to qualify for.
Hire an Immigration Attorney Today
Are you a Canadian or Mexican professional seeking a U.S. visa? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
FAQ Section
Can I apply for a green card on a TN visa?
Yes, it is possible to apply for a green card while you have a TN visa so that you can transition to permanent residency. However, this must be done cautiously to avoid violating immigration laws and procedures since TN visas do not allow dual intent. H-1B visa, on the other hand, can be easily transitioned into permanent residency.
Which is easier to get—TN or H-1B?
Getting a TN visa is generally considered to be easier than getting an H-1B visa, as the eligibility requirements are laxer. On the other hand, H-1B visas are only designated for specific professions, are highly competitive, and have extensive education requirements.
Can I switch from TN to H-1B?
While it is possible to switch your TN visa to an H-1B visa, you should do this under the supervision of an immigration attorney. There are proper USCIS procedures you must follow, and you need to maintain your legal status as you make the switch.
