Canada Professionals: H‑1B vs TN Visa – Alma

As a Canadian professional, you have unique opportunities to work in the United States thanks to special provisions under the United States-Mexico-Canada Agreement (USMCA), formerly known as NAFTA. Two popular visa options for Canadians are the H-1B visa for specialty occupations and the TN (Treaty National) visa for certain professional roles.

Understanding the key differences between these visas is essential to determine which one aligns best with your qualifications, job offer, and long-term career aspirations. In this guide, we'll break down the eligibility requirements, advantages, and limitations of H-1B and TN visas to help you make an informed decision.

Let's dive into the details of each visa category.

What are H-1B and TN Visas?

The H-1B visa is a non-immigrant work visa for professionals in specialty occupations that typically require a bachelor's degree or higher. Eligible fields include IT, finance, accounting, architecture, engineering, mathematics, science, and medicine, among others.

The TN (Treaty National) visa is a special non-immigrant work visa created under the United States-Mexico-Canada Agreement (USMCA) for Canadian and Mexican citizens employed in specific professional occupations. Eligibility is determined by profession, with specific educational or licensure requirements for each.

Eligibility Requirements for H-1B and TN Visas

H-1B Visa Requirements

• The applicant must have a job offer from a U.S. employer for a role that requires specialized knowledge and a bachelor's degree or higher in a related field.
• The applicant must possess at least a bachelor's degree or its equivalent in a field directly related to the specialty occupation.
• The employer must pay the H1B worker the required prevailing wage based on the geographic area where they will be working and their occupation type. The prevailing wage requirement is determined by the Department of Labor’s Wage and Hour Division.  The employer must complete a Labor Condition Application (LCA) that attests to minimum labor conditions, like wages.

TN Visa Requirements

• The applicant must be a Canadian citizen working in one of the designated professional occupations covered by the USMCA.
• The applicant must meet the specific educational and/or licensure requirements of their profession as detailed in the USMCA.

H-1B vs TN Visa: Key Differences

Dual Intent

• H-1B allows dual intent: H-1B visa holders can have "dual intent," meaning they may intend to immigrate permanently to the U.S. while holding non-immigrant H-1B status. This allows for eventual pursuit of a green card. H-1B requires the employer pay the prevailing wage determined by the US Department of Labor.
• TN requires non-immigrant intent: TN visa holders must demonstrate "non-immigrant intent," with no plans to remain permanently in the U.S. Pursuing permanent residency while on TN status can be challenging and may require changing to another visa type like H-1B.

Numerical Limits and Timing

• H-1B subject to annual cap and lottery: H-1B visas are subject to an annual cap of 85,000, which includes 20,000 visas reserved for those with a master's degree or higher from a U.S. institution. A lottery is used because demand exceeds the cap. The filing window is generally the last week of March for an October 1st start date.  Once selected, employers have 90 days to file the H1B petition with USCIS.
• No limit or specific timing for TN: There is no annual limit on the number of TN visas issued. Canadian citizens can apply for TN status directly at a U.S. port of entry at any time with proof of a job offer and required qualifications.

Deciding Between H-1B and TN Visas

• Consider TN for USMCA professions and no green card plans: For Canadian citizens in TN-eligible professions who don't intend to pursue permanent U.S. residency at the time of application, a TN visa may be the simplest and fastest option.
• The TN does not have a prevailing wage requirement.  The TN does not have the prevailing wage requirement of the H1B category.
• H-1B often better for green card path or non-TN professions: The H-1B is often a better choice for those seeking an eventual path to a green card, those who may want to change employers in the U.S., or those in professions not covered by the TN visa.  It is possible to first obtain a TN visa and then transition to H-1B status if you are selected in the H-1B lottery.
• Consult an attorney to weigh your options: Consulting with an experienced immigration attorney can help you weigh TN visa considerations and choose the best visa for your specific circumstances. Explore more immigration resources for additional guidance.

Navigating the complexities of U.S. work visas can be overwhelming, but you don't have to do it alone. Our team of experienced immigration attorneys is here to guide you through every step of the process, from determining your eligibility to preparing your application. Get started with a free consultation today and let us help you unlock new opportunities in the United States.