+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

TN vs H-1B for Canadian citizens looking to work in the US

prash42

Hero Member
Jun 1, 2014
291
176
Similar to the poster below, I'm looking for some guidance / resources on pros and cons of TN vs H-1B for Canadian citizens. Realize this section of the forum is for people in the process of getting Canadian citizenship.

Hi All,
I am an electrical engineer with master degree, and 15 years working experience, Canadian citizen myself, my daughter and my wife (Canada PR), Professional Engineer in Canada and Professional Engineer in Texas, USA.
To get the professional license you need to fulfill all of their requirements (for example: NCEES PE exam must pass, Ethics exam must pass, FE exam, working experience 12 years).

1) Should I apply EB2-NIW petition for myself without employer? OR

2) Get a job first then apply TN Visa. Then from TN visa change to H1B while in USA and then ask employer to apply EB2-NIW inside USA. Can you guide me some Canadian who are already with TN visa, apply the job first and while apply the job, write on the resume does not require to apply visa or how did we do?

Which is better portion ? Any suggestion? Thank you very much in advance.
 

scylla

VIP Member
Jun 8, 2010
95,726
22,027
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
  • Like
Reactions: prash42

jamezmoran

Star Member
Sep 28, 2016
182
62
Visa Office......
London
App. Filed.......
15-11-2016
AOR Received.
15-11-2016
Med's Done....
16-11-2016
Passport Req..
21-12-2016
VISA ISSUED...
06-01-2017
LANDED..........
04-03-2017
TN is much easier to get than H1b but it is not dual intent, needs to be renewed each year, and you can be denied on renewal if the border guard thinks you’re trying to use it as a de facto permanent visa. Usually companies will get you in on TN to get you working for them and then immediately start filing your H1b application, as there is a route to green card with H1b.
 
  • Like
Reactions: YVR123

jackbauer

Hero Member
Feb 15, 2017
337
223
Category........
Other
Similar to the poster below, I'm looking for some guidance / resources on pros and cons of TN vs H-1B for Canadian citizens. Realize this section of the forum is for people in the process of getting Canadian citizenship.
If you have any plans to do business E2 visa is a god send. Validity 5 years, renewed very easily, but if you want to do a job, folks take the TN route with no issues. You need a good lawyer for border filing that’s it.
 

justanotherguy28

Star Member
Sep 28, 2021
99
54
This link gives a pretty good summary of the basics.
https://www.lightmanimmigration.com/tn-visa-or-h-1b-visa/

If you google, there are many others.

To add,
1. H1B is extremely expensive for the employer. For a large organization, it might cost 10k-20k to obtain a new H1B and probably 10-15k for renewals depending on a lot of factors. It's also not uncommon for them to spend a lot of money and then realize all the effort was a huge waste.

2. It's onerous for the employer to keep up with all the H1 requirements. For example, during the pandemic, if you are someone with a US employment authorization or a TN, you could have moved to a different state when employers implemented work from home policies but as a H1 employee you cannot move to a new location (you can move within the same metro statistical area) without a new set of paperwork. There are also a lot of additional burdens when the employer has more than 50% of their employees on H1B. TN is much more flexible. For example, it doesn't need a new petition if you're just changing locations with the same employer.

3. H1-B is a dual intent visa which means at the time of applying, you do not need to prove to anyone you're asking only for a temporary worker status and not intending to file for a permanent resident status in future. As a non-immigrant, you can leave the country after 6 years of entering oe whenever your status ends. Or, if you find a willing employer, they might offer you a chance to apply for permanent residency through employment. With H1-B, your employer can start processing your green card application on your start date (typically doesn't happen, but it's legal). There are some ways to apply for an immigrant (green card) petition while on TN but your renewals might become complicated if you also have a green card petition underway in parallel so there are a lot of intricacies. Most employers typically first convert the TN employee to a H1 before starting their green card process. Despite all the costs, if an employer is looking to hire and keep you long term, they'll opt for H1 either right away or eventually (after you join them using a TN or as a student under the OPT program).

4. H1 initial and renewal petitions can be done only via a US CIS petition (Form I-129) and then carrying the approval notice at the entry (for the initial petition). CBP cannot approve your H1B petition without a prior US CIS approval notice. TN initial and renewal applications can be approved directly by the CBP at the port of entry or alternatively, by the US CIS (I-129). If you prefer, you can stay in the US and your employer can file the renewal eliminating the need for you to travel to a port of entry and the associated uncertainties.
Say, if you have any prior US immigration violation such as overstaying in a visitor status, you can have much more certainty by going through the USCIS route even for TN, getting an approval notice first, then using that at the port of entry. Otherwise most folks just drive to the border with their employer letter and documentation for on-the-spot adjudication.

5. Getting the H1 status for the first time is an extremely competitive endeavor. Your odds are typically 1:2 or worse although recent changes have made it a little easier to retry with much lesser cost than the previous years but you still need a willing employer. TN has no annual cap and the initial status can be obtained any day of the year (unlike H1 which is usually once a year at the start of the US CIS calendar, in recent years you can apply only once in April and the employment can begin no earlier than October).

6. Before an employer can file a H1B application, they need to file a Labor Condition Application (LCA) with the Labor Department proving the wage is at equal or greater than the published equivalent wage for someone in the same geography doing similar work. TN on the other hand does not have any LCA requirements (your employer will still need to pay at least the wages in the employment contract). Therefore, especially in recent years, H1 salaries are typically higher than typical TN salaries in most geographies.
 
Last edited:
  • Like
Reactions: appuchu and prash42

deepax

Hero Member
Jan 22, 2016
281
59
Category........
Visa Office......
New Delhi
Job Offer........
Pre-Assessed..
App. Filed.......
10-03-2016
AOR Received.
AOR1: 05-04-2016 SA:02-05-2016
File Transfer...
10-05-2016
Med's Done....
18-02-2016
TN is much easier to get than H1b but it is not dual intent, needs to be renewed each year, and you can be denied on renewal if the border guard thinks you’re trying to use it as a de facto permanent visa. Usually companies will get you in on TN to get you working for them and then immediately start filing your H1b application, as there is a route to green card with H1b.
This is quite common.

Get in initially on TN and then company files H1B so you can eventually get green card.

Win-win for everyone. TN are easier to get, no cap like H1B. TN literally requires just the employment letter which you just take to the airport when flying to the US. H1B requires retaining a lawyer and a lengthy legal process.

TN has a very limited list of occupations though. So make sure yours is eligible and you have experience/education in the field, or else you'll be denied.

Source: i used to be in the US on TN.
 

novascotia27

Hero Member
Jan 4, 2016
491
280
TN is much easier to get than H1b but it is not dual intent, needs to be renewed each year, and you can be denied on renewal if the border guard thinks you’re trying to use it as a de facto permanent visa. Usually companies will get you in on TN to get you working for them and then immediately start filing your H1b application, as there is a route to green card with H1b.
TN is given for 3 years and does not need to be renewed annually .
 

IndianBos

Hero Member
Oct 8, 2014
313
142
Toronto, Canada
Category........
FSW
Visa Office......
CPC-O
NOC Code......
2174
App. Filed.......
19-Jun-2014
Nomination.....
16-Oct-2014
File Transfer...
11-Dec-2014
Med's Request
24-Apr-2015 (Delayed for adding a child)
Med's Done....
9-May-2015 (Updated 29-May-2015)
Interview........
N/A
Passport Req..
17-Jun-2015 (mailed 29-June-2015)
VISA ISSUED...
11-Jul-2015
LANDED..........
7-Sep-2015
If you are planning to live in the US temporarily, TN Visa is better if you qualify. H1b is expensive and a lot of employers are not willing to bear the cost.
On the other hand, you can extend your H1B without leaving the country via a petition vs for TN visa, you always will need to cross the border for the renewal (thus risk of denial).

Path to US green card is easier in most cases through an H1B unless your country of birth is one of the backlogged countries (India, China, Mexico, etc). Note that while processing the green card, US considers your birth country in the application and not the country of your current citizenship.
 

justanotherguy28

Star Member
Sep 28, 2021
99
54
you always will need to cross the border for the renewal (thus risk of denial).
You can go to a port of entry for renewal if your prefer. Or just like a H1-B extension, a TN can also be extended using the I-129 form filed by your employer with the US CIS. Other options like premium processing are also available for TN. There is no need to go to a port of entry if the extension is filed from within the US and approved by the US CIS.
 
  • Like
Reactions: IndianBos

lifein360

Hero Member
Jan 23, 2016
799
208
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
AOR Received.
Jan 17, 2017
Med's Done....
Feb 20, 2017
Passport Req..
Mar 20, 2017
VISA ISSUED...
Mar 24, 2017
LANDED..........
Apr 23, 2017
This thread has been very useful. I am not adding to this, but thanks to everyone for the illuminating posts as I am also eyeing a position in my company's US headquarters and seems TN is the way to go
 
  • Like
Reactions: prash42

prash42

Hero Member
Jun 1, 2014
291
176
Thank you. I have some familiarity with H-1B having worked in the US a long time back. Your comparison to TN is really helpful.

This link gives a pretty good summary of the basics.
https://www.lightmanimmigration.com/tn-visa-or-h-1b-visa/

If you google, there are many others.

To add,
1. H1B is extremely expensive for the employer. For a large organization, it might cost 10k-20k to obtain a new H1B and probably 10-15k for renewals depending on a lot of factors. It's also not uncommon for them to spend a lot of money and then realize all the effort was a huge waste.

2. It's onerous for the employer to keep up with all the H1 requirements. For example, during the pandemic, if you are someone with a US employment authorization or a TN, you could have moved to a different state when employers implemented work from home policies but as a H1 employee you cannot move to a new location (you can move within the same metro statistical area) without a new set of paperwork. There are also a lot of additional burdens when the employer has more than 50% of their employees on H1B. TN is much more flexible. For example, it doesn't need a new petition if you're just changing locations with the same employer.

3. H1-B is a dual intent visa which means at the time of applying, you do not need to prove to anyone you're asking only for a temporary worker status and not intending to file for a permanent resident status in future. As a non-immigrant, you can leave the country after 6 years of entering oe whenever your status ends. Or, if you find a willing employer, they might offer you a chance to apply for permanent residency through employment. With H1-B, your employer can start processing your green card application on your start date (typically doesn't happen, but it's legal). There are some ways to apply for an immigrant (green card) petition while on TN but your renewals might become complicated if you also have a green card petition underway in parallel so there are a lot of intricacies. Most employers typically first convert the TN employee to a H1 before starting their green card process. Despite all the costs, if an employer is looking to hire and keep you long term, they'll opt for H1 either right away or eventually (after you join them using a TN or as a student under the OPT program).

4. H1 initial and renewal petitions can be done only via a US CIS petition (Form I-129) and then carrying the approval notice at the entry (for the initial petition). CBP cannot approve your H1B petition without a prior US CIS approval notice. TN initial and renewal applications can be approved directly by the CBP at the port of entry or alternatively, by the US CIS (I-129). If you prefer, you can stay in the US and your employer can file the renewal eliminating the need for you to travel to a port of entry and the associated uncertainties.
Say, if you have any prior US immigration violation such as overstaying in a visitor status, you can have much more certainty by going through the USCIS route even for TN, getting an approval notice first, then using that at the port of entry. Otherwise most folks just drive to the border with their employer letter and documentation for on-the-spot adjudication.

5. Getting the H1 status for the first time is an extremely competitive endeavor. Your odds are typically 1:2 or worse although recent changes have made it a little easier to retry with much lesser cost than the previous years but you still need a willing employer. TN has no annual cap and the initial status can be obtained any day of the year (unlike H1 which is usually once a year at the start of the US CIS calendar, in recent years you can apply only once in April and the employment can begin no earlier than October).

6. Before an employer can file a H1B application, they need to file a Labor Condition Application (LCA) with the Labor Department proving the wage is at equal or greater than the published equivalent wage for someone in the same geography doing similar work. TN on the other hand does not have any LCA requirements (your employer will still need to pay at least the wages in the employment contract). Therefore, especially in recent years, H1 salaries are typically higher than typical TN salaries in most geographies.