Canadian and Mexican nationals have the advantage of both TN visa status and H-1B visa status. A common dilemma is deciding between these two visa options and the impact they might have on future immigration. One common question is, “Can I participate in the H-1B visa lottery while on a TN visa?” We answer this question here.
I Am On a TN Visa, Can I Participate In the H-1B Visa Lottery?
If you are currently in the United States under TN visa status, your employer can still enter you into the H-1B visa lottery. Holding a TN visa does not prevent you from entering the H-1B visa lottery or changing your visa status to an H-1B visa.
You can change your status between any non-immigrant visas as long as you qualify for the visa status requested. There is no restriction on changing from one non-immigrant visa, such as a TN visa, to another visa, such as an H-1B visa. Even though the H-1B visa is a dual intent visa, you can change your status from TN to H-1B without any long-term immigration consequences. Changing your status from a TN visa to an H-1B visa does not signal immigrant intent and does not eliminate you from holding a TN visa status in the future.
We have helped many Canadian and Mexican citizens change their status from TN Visa to H1 visa through the H-1B visa lottery. In addition, we have helped many H-1B visa holders change to TN visa status. TN visa holders and H-1B visa holders share the same path to a green card. The decision to have TN visa status or H-1B visa status is often a matter of preference. In some cases, the country of birth is a significant factor in the decision.
No matter the circumstances, YES, you can participate in the H-1B visa lottery while on a TN visa with ZERO immigration consequences.
Consultation
At Richards and Jurusuk, our legal practice is devoted to U.S. Immigration Laws, focusing on the USCMA, TN visas, and H-1B visas. We have helped thousands of qualified professionals obtain H-1B visas to work and live in the United States. Contact us to schedule a consultation with one of our experienced H-1B visa lawyers to help you with the H-1B visa application process.
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We Can Help!
You may have questions regarding the H-1B visa requirements. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
