H-1B Electronic Registration Begins
The registration process for the H-1B lottery began today and runs until March 24, 2025. The H-1B visa classification can offer several benefits over the TN visa classification, and should be considered by any of the following:
Individuals who were denied TN visa status because the adjudicating officer did not think the individual’s degree was sufficiently related to the TN occupational category. Applicants for an H-1B can use their education and experience to obtain a degree evaluation in a field that more closely aligns to their work.
Individuals who were denied TN visa status because the adjudicating officer did not think the job offer fell within a TN occupational category. Eligibility for an H-1B is not limited to a narrow list of occupations like the TN, which has not been updated in 25 years.
Individuals who have obtained a TN, but faced difficulty during adjudication or who have an atypical case (e.g. job title / education disparity with the TN occupation, or sales / managerial / executive roles). These types of cases can be subject to scrutiny and revoked during subsequent travel, or denied during an application for a change of employer or renewal. The H-1B can offer greater flexibility provided one can still show the job qualifies as a specialty occupation.
Individuals who want to apply for U.S. permanent residence (green card). While it is possible to obtain a green card while under TN status, the H-1B visa classification eliminates many of the potential issues that may arise in the TN to green card context, e.g. questions over intent, travel bars, inability to change employers, or extend work authorization.
While the H-1B can present several benefits, there are some drawbacks. Besides the annual quota placed on H-1B visas, which results in this registration / lottery process, other disadvantages of the H-1B include:
More extensive paperwork, e.g. an I-129 petition is required in all filings.
Higher USCIS filing fees, which generally must be paid by the employer (along with any attorney fees).
Burdensome USDOL rules including prevailing wage, workforce notification, and recordkeeping requirements.
Work authorization is limited to a total of 6 years unless the employer sponsors the employee for a green card.
Despite these drawbacks, the H-1B may present a more durable means of work authorization for some TN visa workers like those described above. Given the Trump administration’s America First Trade Policy and the upcoming review of the USMCA in July 2026, which could pose an existential threat to the TN visa classification, even TN visa holders with solid cases should consider the H-1B visa further. But time is of the essence. Employers must submit any individuals for this coming year’s quota by the March 24th deadline.