TN Visa vs H-1B in 2026: Complete Comparison After the $100K Fee
The new H-1B fee changes everything for Canadians. Here's how to decide between TN and H-1B.
Key Differences at a Glance
| Feature | TN Visa | H-1B |
|---|---|---|
| Annual Cap | None | 65,000 + 20,000 (master's) |
| Processing Time | Same day at border | 3–6 months (lottery first) |
| Employer Cost | ~$80 (border) / ~$500 (mail) | $100K+ with new fees |
| Dual Intent | No | Yes |
| Duration | 3 years, unlimited renewals | 3 years, max 6 total |
| Employer Change | New application at border | Transfer petition required |
The $100K Fee Impact
The new H-1B asylum-funding fee (up to $75,000 for large employers) has fundamentally changed the calculus. Combined with existing filing fees, premium processing, and legal costs, total H-1B sponsorship now exceeds $100K for many employers. This makes the TN visa — at roughly $80 at the border — an extraordinary bargain.
For a detailed breakdown, see our complete fee comparison.
The Dual Intent Trade-Off
The TN visa's biggest limitation: it does not allow dual intent. You cannot openly pursue a green card while on TN status without risking denial at renewal. The H-1B explicitly allows dual intent — you can file for permanent residency while maintaining status.
That said, many Canadians successfully transition from TN to green card. The key is timing. See our green card pathways guide.
When to Choose TN
- You qualify under a TN profession and want to start working fast
- Your employer wants to avoid $100K+ in H-1B fees
- You're not ready to commit to permanent residency yet
- You value the flexibility to change employers easily at the border
When to Choose H-1B
- You want to pursue a green card immediately with dual intent protection
- Your profession isn't on the TN list
- Your employer is willing to absorb the cost
- You need the certainty of a 6-year defined path