Discover the key differences between the TN Visa and H-1B Visa for working in the US.
For foreign professionals looking to work in the United States, the TN Visa and H-1B Visa are two common options. Both allow qualified individuals to work in the US, but there are key differences between the two. Whether you’re aiming for a career in hospitality, tech, or other sectors, understanding these differences is crucial in choosing the right visa for your career goals.
1. Eligibility Requirements
The TN Visa is part of the United States-Mexico-Canada Agreement (USMCA) and is available to citizens of Canada and Mexico. It allows them to work in certain professional roles in the US, such as management, science, engineering, and hospitality.
The H-1B Visa, on the other hand, is available to individuals from any country. It is typically for specialty occupations that require at least a bachelor's degree or the equivalent in a specific field.
2. Occupations
TN Visa holders are restricted to certain professional categories as outlined in the USMCA. Some examples include chefs, hospitality managers, scientists, and engineers. Hospitality workers with a degree in a relevant field or experience may qualify.
The H-1B Visa has a broader scope of eligible occupations, including roles in IT, healthcare, engineering, and business management. It’s often used by tech companies, universities, and healthcare providers.
3. Application Process
One of the main advantages of the TN Visa is its simpler application process. Canadian citizens do not need to apply at a US embassy or consulate and can apply at the border, while Mexicans must submit an application through a US consulate.
The H-1B process is more complex. It involves an initial petition filed by the employer with the US Citizenship and Immigration Services (USCIS), and then an application for a visa at a US embassy or consulate. H-1B applications are also subject to a lottery due to the high demand.
4. Duration and Extensions
The TN Visa is granted for up to three years and can be renewed indefinitely, as long as the individual maintains eligibility and continues working in their professional role.
The H-1B Visa is typically issued for an initial period of three years, but it can be extended for up to six years. After that, holders must leave the US unless they have applied for permanent residency.
5. Dependents
Both the TN Visa and H-1B Visa allow visa holders to bring their dependents (spouse and children under 21) to the US. However, there is a key difference. The spouse of an H-1B holder can apply for work authorization, while the spouse of a TN Visa holder is not permitted to work.
6. Visa Cap
The H-1B Visa has a cap of 85,000 new visas issued annually, with only 20,000 allocated to applicants with US master’s degrees or higher. This cap makes it more competitive and difficult to secure.
The TN Visa does not have a cap, and there is no limit on the number of TN Visas that can be issued each year, making it an appealing option for qualified applicants from Canada and Mexico.
7. Path to Permanent Residency
While both TN and H-1B holders can pursue a green card, the process is easier for H-1B visa holders. The H-1B Visa is considered a "dual intent" visa, meaning that applicants can apply for permanent residency (green card) while on the H-1B.
TN Visa holders, however, must show non-immigrant intent when applying, which means they cannot have the primary purpose of seeking permanent residency. This makes it more challenging for TN Visa holders to pursue a green card while maintaining their visa status.
Placement International Can Help You Choose Your Perfect Visa
Choosing between the TN Visa and H-1B Visa depends on your nationality, career goals, and the type of work you want to do in the USA.
At Placement International, we offer expert assistance with TN Visa and H-1B Visa applications, helping you find the right job and navigate the visa process smoothly. Reach out to us to learn more about how we can support your career in the USA.
