TN Visa vs. H-1B Visa Chart.


Compare TN Visa Status H-1B Visa Status
Citizenship Requirements
  • Must be a citizen of Canada or Mexico.

  • Not available to landed immigrants or permanent residents.
  • May be a citizen of any country.
Visa Requirements
  • No visa requirement for Canadian citizens.

  • Mexican citizens must obtain visa.
  • Canadian citizens visa exempt.

  • Mexican citizens must obtain visa.
Numerical Limitations
  • No annual numerical limitation.
Application Process
  • If outside U.S., Canadian citizens must apply in person at border or airport.

  • If outside U.S., Mexican citizens must first obtain TN visa stamp, and then apply in person at border or airport.

  • If within U.S., Canadian and Mexican citizens may file I-129 petition with USCIS.
  • If outside U.S., Canadian citizens must file 1-129 petition with USCIS and present I-797 approval notice at border or airport.

  • If outside U.S., Mexican citizens must file 1-129 petition with USCIS, obtain H-1B visa stamp, and present I-797 approval notice at border or airport.

  • If within U.S., may file I-129 petition with USCIS for change of status.
Government Filing Fees
  • Canadian citizens pay border or airport application fee of $50 plus $6 I-94 card fee.
  • Mexican citizens pay visa application fee of $131.
  • I-129 petition filing fee of $320 for change of status or extension of status.
  • I-129 petition filing fee of $320.
  • Data collection and Filing Fee of $750 or $1,500 (unless exempt).
  • Fraud Prevention and Detection Fee of $500.
Occupational Categories Available
  • Generally, any occupation that normally requires possession of a U.S. bachelor's degree.
Prevailing Wage Requirements
  • No prevailing wage requirement under U.S. immigration laws.
  • Must be paid 100% of prevailing wage for occupation in area of employment.
  • Employer must file Labor Condition Application with DOL.
Authorized Period of Stay
  • Three year limit (as of Oct. 16, 2008).
  • May obtain indefinite three year "extensions."
  • Three year limit.

  • May obtain an additional three year period for a total of six years. Once limit reached must depart U.S. for one year period before obtaining H-1B, L-1B, or Green Card.

  • In certain situations, may extend beyond six year limit if filing for green card.
Extension of Status / Change of Status Procedure
  • Canadian citizens may "extend" or "change" to TN status at border, airport or by filing I-129 petition with USCIS.

  • Mexican citizens may "extend" or "change" to TN status by first obtaining a TN visa stamp and then applying at the border or airport; or by filing I-129 petition with USCIS.
  • May only extend or change to H-1B status by filing I-129 petition with USCIS.
Change of Employer
  • Canadian citizens may change employer by applying at border, airport, or filing I-129 petition with USCIS.

  • Mexican citizens may change employer by filing for TN visa stamp and applying at border or airport; or filing I-129 petition with USCIS.

  • Portability not available: if filing through USCIS may not work until petition approved.
  • Must file I-129 petition with USCIS.

  • Portability available: May start work upon USCIS receipt of I-129 petition.
Transfer to New Job Location (same employer)
  • No action required if providing same services at branch or office of same employer.
  • Must file amended I-129 petition and Labor Condition Application when move is outside original area of intended employment.
Immigrant Intent
  • May not possess immediate intent to immigrate.
  • May process for green card through immigrant visa processing.
  • Adjustment of status available in limited situations.
  • May have "dual intent," i.e., may enter U.S. with intent to immediately process for green card.
Effect of Pending Adjustment Application
  • May not renew TN status after filing AOS.
  • Must obtain EAD to continue work if TN expires before green card issued.
  • May abandon AOS if depart U.S. without obtaining Advance Parole.
  • May renew H-1B status after filing AOS.
  • May work under H-1B or obtain EAD.
  • May depart U.S. and re-enter as H-1B without abandoning AOS.

Revised Oct. 21, 2008.