⚠️ Informational only. Immigration rules change. Consult a licensed attorney for your specific situation.
How to Choose: H-1B vs TN
H-1B vs TN is most relevant for Canadian and Mexican nationals, who are the only eligible TN applicants. TN is dramatically simpler than H-1B for qualifying professionals: Canadians apply at the US border with an employer letter — no petition, no lottery, often same-day. Mexicans apply at a US consulate. No annual cap, no lottery, no USCIS petition fee. However, TN has two significant limitations: (1) it does not confer dual intent, meaning aggressively pursuing a green card while on TN can trigger denial or termination of status, and (2) TN status is tied to the specific employer and role. H-1B, by contrast, explicitly allows dual intent and is more portable under AC21 after I-140 approval. For Canadian or Mexican professionals who want straightforward work authorization now but aren't sure about long-term US residence plans, TN is the simpler choice. For those committed to permanent residence, H-1B is the strategically superior path despite the lottery.
H-1B
Visa TypeNonimmigrant
Duration3 yrs (extendable to 6)
SponsorshipRequired
Annual CapYes (85,000/yr lottery)
Green Card PathGreen card possible
Premium ProcessingYes ($2,965)
Wage RequirementPrevailing wage required
TN
Visa TypeNonimmigrant
Duration3 yrs (renewable)
SponsorshipRequired
Annual CapNo cap
Green Card PathDual intent issues
Premium ProcessingNo
Wage RequirementActual wage
Approval Rate Comparison
H-1B Approval History
| Year | Petitions | Approval Rate |
|---|
| 2024 | 320,000 | 8500.0% |
| 2024 | 460,000 | 9300.0% |
| 2024 | 780,000 | 1090.0% |
TN Approval History
| Year | Petitions | Approval Rate |
|---|
| 2024 | 28,923 | 9303.0% |
| 2023 | 26,234 | 9305.0% |
| 2022 | 23,892 | 9317.0% |
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Some data on this page may be outdated. We're working on refreshing it. For the latest official figures, check the
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Frequently Asked Questions
What is the main difference between H-1B and TN?
H-1B is Nonimmigrant while TN is Nonimmigrant. H-1B requires required, while TN requires required. Duration: H-1B lasts 3 yrs (extendable to 6) vs TN lasting 3 yrs (renewable).
Can I switch from H-1B to TN?
Switching between visa types typically requires filing a new petition or change-of-status application with USCIS. Each situation is different. Consult an immigration attorney to evaluate your specific circumstances.
Which is better for a green card — H-1B or TN?
Dual intent issues has different green card implications. Green card possible is a nonimmigrant path that may lead to a green card. Your best path depends on your qualifications, nationality, and employer situation.