On September 19, 2025, President Trump issued a Presidential Proclamation restricting the entry of certain H-1B nonimmigrant workers. Just one day later, on September 20, 2025, USCIS released guidance confirming that the new rule will apply to all H-1B petitions filed on or after September 21, 2025, unless accompanied by a $100,000 supplemental payment. While current H-1B workers are unaffected, this policy change dramatically increases the cost of hiring new H-1B employees and filing future extensions. For Canadians, this shift makes the TN visa under the USMCA a far more attractive pathway for working in the United States.
H-1B Restrictions in Brief
- Effective September 21, 2025 – Any new H-1B petition must include a $100,000 supplemental payment.
- Prospective only – Existing H-1B holders with approved petitions or valid visas are not impacted.
- Future extensions and transfers – Any new filing after the effective date may trigger the $100,000 payment.
- Employer impact – Large corporations may be able to absorb the cost, but small and mid-sized employers are likely to look for alternatives.
Why the TN Visa Is Better for Canadians
The TN visa, created under the United States-Mexico-Canada Agreement (USMCA), offers Canadians a streamlined, cost-effective alternative to the H-1B. Here’s why:
1. No $100,000 Supplemental Fee
Unlike the H-1B, Canadians applying for a TN visa do not face exorbitant supplemental costs. Employers pay standard filing fees and, in many cases, Canadians can apply directly at the border with minimal expense.
2. Faster Processing
Canadians can apply for TN status directly at a U.S. port of entry, often obtaining same-day approval. This bypasses the lottery system and lengthy adjudications associated with the H-1B.
3. No Lottery
The H-1B has a strict annual cap and lottery system, leaving many applicants without an opportunity to work in the U.S. The TN visa has no annual cap, giving qualified Canadians consistent access to U.S. jobs.
4. Flexible Employment Options
The TN visa can be issued for up to three years at a time, with unlimited renewals. Canadians can also change employers more easily compared to H-1B workers, who now face the burden of the $100,000 payment with each transfer.
5. Broader Accessibility
There are more than 60 professional categories eligible for TN visas, including accountants, engineers, scientists, lawyers, and health care professionals—covering many of the same roles typically filled by H-1B workers.
Strategic Shift for Canadian Professionals
With the new proclamation, many U.S. employers may shy away from sponsoring H-1B workers due to the steep financial burden. Canadians now have a competitive advantage:
- Employers will prefer hiring Canadians on TN visas, as the cost and risk are much lower.
- Canadians in specialty professions can bypass the H-1B entirely and establish long-term careers in the U.S. through TN status.
- For those considering permanent residency, the TN can serve as a bridge to a green card without the restrictions of the H-1B.
Conclusion
The recent H-1B restrictions mark a turning point in U.S. immigration policy, but Canadians are uniquely positioned to benefit from it. With no supplemental $100,000 fee, faster processing, and greater flexibility, the TN visa offers a straightforward and cost-effective alternative for Canadians seeking professional opportunities in the United States. At Richards and Jurusik, we specialize in helping Canadians navigate the TN visa process and transition from temporary to permanent residency. If you’re a Canadian professional or a U.S. employer considering Canadian talent, now is the time to explore the TN option.
Citations
- RESTRICTION ON ENTRY OF CERTAIN NONIMMIGRANT WORKERS
- Proclamation, Restriction on Entry of Certain Nonimmigrant Workers, H-1B
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If you have questions regarding U.S. Immigration matters, 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)
