How can Canadian professionals use the TN visa as an alternative to the H-1B visa now that many new H-1B cases require a $100,000 fee? This guide explains everything you need to know.

Why This Matters in Late 2025

On September 19, 2025, the United States announced a major temporary rule: A one-time $100,000 fee applies to many new H-1B petitions filed from September 21, 2025, to September 21, 2026.

This fee applies mainly to:

• New H-1B workers outside the U.S. seeking admission
  
  
• New H-1B petitions filed during the 12-month window
  
  
• Cases in addition to the already expensive government and legal fees

This change has made the TN visa (for Canadian and Mexican citizens) more attractive than ever, especially for employers in Michigan, Detroit, Troy, and other border regions.

Who This Applies To

This article is for:

• Canadian citizens with a degree or professional training in a TN-listed occupation
  
  
• Mexican citizens in eligible professions
  
  
• Professionals living in Windsor–Essex, London, Toronto, Ontario, or anywhere in Canada
  
  
• U.S. employers deciding between hiring under H-1B or using the TN category
  
  

At Sisu Legal, we help cross-border professionals choose the right strategy based on cost, timing, risk, and long-term immigration goals.

TN Visa vs. H-1B Visa: Quick Refresher

TN Visa (Canada & Mexico Only)

The TN visa comes from the USMCA/CUSMA trade agreement and allows Canadians and Mexicans to work in the U.S. in certain professional occupations.

Key TN features:

• Only for Canadian and Mexican citizens
  
  
• Must match a listed USMCA profession (engineer, accountant, computer systems analyst, etc.)
  
  
• Valid for up to three years
  
  
• Can be renewed indefinitely as long as employment is temporary
  
  
• No annual cap or lottery
  
  
• Canadians can often apply directly at the border
  
  

H-1B Visa (Open to Most Nationalities)

The H-1B is for “specialty occupations” requiring a bachelor’s degree or higher.

Key H-1B features:

• Open to most nationalities
  
  
• Job must require a bachelor’s degree in a specific field
  
  
• Annual cap and lottery for many employers
  
  
• Valid for up to six years (usually 3 + 3 extension)
  
  
• Dual intent (compatible with U.S. permanent residence)
  
  

What Changed for H-1B in 2025?

Under the September 19, 2025 announcement:

• Employers must pay a new $100,000 fee for many new H-1B petitions
  
  
• Applies mainly to workers outside the U.S. seeking entry
  
  
• Applies on top of regular filing fees and legal fees
  
  
• Temporary rule lasting September 21, 2025–September 21, 2026
  
  
• Limited exemptions or waivers (unlikely for most employers)
  
  

Impact: Small and medium-sized businesses may no longer consider the H-1B realistic. Many are shifting toward:

• Hiring Canadian or Mexican professionals under TN
  
  
• Exploring E-1 trader or E-2 investor options
  
  

TN Visa vs. H-1B After the New Fee

1. Cost to the Employer (Huge Difference)

H-1B (after 2025 fee)

• Usual government fees (several thousand dollars)
  
  
• Extra $100,000 fee for many new cases
  
  
• Attorney fees
  
  

TN Visa

• No special government fee
  
  
• Border fees are minimal
  
  
• Attorney fees
  
  

Conclusion: TN is now dramatically more cost-effective.

2. Timing & Processing

H-1B

• Lottery required for most employers
  
  
• Limited filing windows
  
  
• Processing delays are common
  
  

TN Visa

• No lottery or cap
  
  
• Canadians often get same-day decisions at the border
  
  
• Mexicans apply through a U.S. consulate, but no lottery is required
  
  

For the Windsor–Detroit region: Canadian professionals can often start work faster on a TN than waiting for an H-1B lottery cycle.

3. Flexibility & Long-Term Planning

H-1B

• Considered dual intent (allowed to pursue a green card)
  
  
• Often used as a first step to permanent residence
  
  

TN

• Officially temporary
  
  
• Not formally dual intent
  
  
• But many TN holders do transition to permanent residence with proper planning
  
  

Bottom line: TN is ideal for quick entry; H-1B may help long-term green card planning.

When TN Visa Is a Strong Alternative to H-1B

TN may be the better choice if:

• You’re a Canadian in a listed TN profession
  
  
• You have a job offer that matches a TN category
  
  
• The employer cannot afford or justify the $100,000 H-1B fee
  
  
• The job is in a border area (Windsor–Detroit, Sarnia–Port Huron, Niagara–Buffalo)
  
  

Examples

Example 1: A Canadian engineer in Windsor receives an offer in Detroit.  → TN Engineer at the border is faster and cheaper than H-1B.

Example 2: A Toronto computer systems analyst is hired by a company in Troy, Michigan.
→ Employer chooses TN due to the new $100,000 H-1B fee.

When H-1B May Still Be Worth It

Consider H-1B if:

• The job does not match any TN category
  
  
• The candidate is already inside the U.S. and the case is not subject to the new fee
  
  
• The employer wants a long-term green card plan and has the budget

Always get personalized legal advice—H-1B fee rules are complex and still evolving.

How a Canadian Can Apply for a TN Visa (Step-by-Step)

Step 1: Confirm the Job Fits a TN Profession

For example, Engineer, Computer Systems Analyst, Accountant, Management Consultant, etc.

Step 2: Match Your Education to the Category

The degree should align with the job and TN category or be in a related field. A few categories allow experience as an alternative. 

Step 3: Prepare a Strong Employer Support Letter

When you work with our firm, our attorney prepares this letter on behalf of your employer. Letter must:

• Be on company letterhead
  
  
• Describe job duties
  
  
• Match duties to a TN profession
  
  
• Confirm temporary intent
  
  
• State salary & location
  
  

Step 4: Collect Required Documents

Typically includes:

• Canadian passport
  
  
• Degree + transcripts
  
  
• Resume
  
  
• Professional licenses (if required)
  
  
• Prior U.S. immigration records
  
  

Step 5: Apply at a Border or Preclearance Location

Common crossings for Windsor–Essex professionals:

• Detroit–Windsor Tunnel
  
  
• Ambassador Bridge
  
  
• Buffalo Rainbow Bridge
  
  

At Sisu Legal, we help you choose the best crossing and prepare for officer questions.

Common Mistakes When Shifting From H-1B to TN Strategy

• Assuming any professional role fits TN
  
  
• Using job titles that don't match TN categories
  
  
• Reusing H-1B job descriptions without adapting
  
  
• Failing to plan long-term immigration strategy
  
  

How Sisu Legal Helps Cross-Border Professionals

We support:

• Canadian & Mexican professionals assessing TN eligibility
  
  
• U.S. employers deciding between TN and H-1B under the new rules
  
  
• Families planning long-term immigration pathways
  
  

Our offices in Windsor, Ontario and Troy, Michigan allow us to support clients on both sides of the border.

Key Takeaways

The new $100,000 H-1B fee makes TN visas much more attractive.

• TN visas require careful matching of job duties, degree, and category.
  
  
• TN processing is faster, cheaper, and simpler which is ideal for Windsor–Detroit cross-border hires.
  
  
• H-1B may still be important for long-term green card planning.
  
  
• Legal advice is essential because the rules are complex and changing.

How can we help?

If you’re a Canadian professional or a U.S. employer navigating these changes, you don’t have to do it alone.

Book a strategy session:
https://sisulegal.com/pages/booking-immigration-law-windsor-troy

FAQ 

1. How does the new $100,000 H-1B fee affect Canadian professionals?
It makes the H-1B much more expensive for new workers abroad, pushing many employers to prefer TN hires.

2. When is a TN visa better than an H-1B visa?
When the job fits a TN category, the candidate is Canadian or Mexican, and the employer wants fast, low-cost entry.

3. Can I still get a green card if I start on a TN visa?
Yes, but the timing and strategy must be planned carefully because TN is not dual intent.

4. Do TN visa applications have a lottery like H-1B?
No. There is no lottery, and Canadians often receive same-day decisions at the border.

5. How can a Windsor or Ontario-based lawyer help with TN visas at the Detroit border?
A cross-border lawyer can prepare the application package, employer support letter, align job duties to the TN category, and help you prepare for officer questions.