TN, E-3, and H-1B1: The Three Ways to Skip the H-1B Lottery by Nationality (VS): who qualifies, how to apply, and how long it lasts

Last reviewed September 2026

Overview: TN, E-3, and H-1B1 all bypass the H-1B lottery entirely, but each is restricted to a specific nationality under a trade agreement, Canada and Mexico for TN, Australia for E-3, Chile and Singapore for H-1B1, with its own occupation rules, process, and dual-intent limitations. None of the three is affected by the disputed H-1B entry fee or the proposed H-1B rulemaking fee, since both apply specifically to H-1B, not to these categories.

Why these three categories exist outside the H-1B cap

Each grew out of a trade agreement between the United States and the named country or countries: USMCA (formerly NAFTA) for TN, a bilateral trade agreement for E-3, and free trade agreements with Chile and Singapore that carved out a reserved allocation inside the broader H-1B numbers for H-1B1. None of the three requires the H-1B electronic registration and lottery process.

TN eligibility and process

TN is limited to a fixed list of 63 professional occupations under USMCA Appendix 2. Canadian citizens generally apply directly at a port of entry without a prior USCIS petition; Mexican citizens generally go through consular visa processing first. TN has no annual cap and is admitted in increments of up to three years, renewable indefinitely as long as the underlying stay remains temporary.

E-3 eligibility and process

E-3 is limited to Australian citizens in a specialty occupation, using a standard similar to H-1B's but adjudicated through a separate, dedicated annual allocation that has historically gone largely unused. E-3 status can be renewed indefinitely with no fixed lifetime limit, an advantage H-1B does not share.

H-1B1 eligibility and process

H-1B1 is limited to citizens of Chile and Singapore in a specialty occupation, drawing from a reserved allocation carved out of the overall H-1B numbers rather than the main cap and lottery pool. H-1B1 generally requires consular processing rather than a change of status filed with USCIS.

Shared limitations: dual intent and portability

All three categories share a significant limitation H-1B does not have: none of them permits dual intent in the way H-1B does. Pursuing a green card while holding TN, E-3, or H-1B1 status can create real problems at renewal or at the border, since these categories generally require an intent to depart the United States at the end of the authorized stay. Someone on any of the three who wants to pursue permanent residence typically needs a deliberate strategy, and in many cases a transition to a dual-intent category such as H-1B or an employment-based petition, timed before the green card process advances too far.

A quick-reference framework for employers

For a Canadian or Mexican candidate in a listed USMCA occupation, screen for TN first. For an Australian candidate in a specialty occupation, screen for E-3 first. For a Chilean or Singaporean candidate in a specialty occupation, screen for H-1B1 first. Only where none of the three applies, or where dual intent is required from day one, does H-1B become the default starting point, cap and lottery included.

Official sources

TR Immigration is an independent immigration information platform. It is not a law firm. Nothing here is legal advice, an eligibility determination, or a prediction about your case. Rules and fees change often, so confirm anything you rely on against the official page it links to.