The TN visa, available to Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA), is a valuable nonimmigrant visa for professionals seeking employment in the U.S. However, one important limitation of the TN visa is that it does not support dual intent, meaning it was not designed for individuals who intend to permanently immigrate to the U.S.
Despite this, it is still possible to transition from TN visa to green card status—but it requires careful planning and legal strategy to avoid violating immigration rules.
The Challenge of Dual Intent
Unlike H-1B or L-1 visas, the TN visa requires applicants to demonstrate that they intend to return to their home country at the end of their U.S. employment. Filing for a green card while on a TN visa can raise red flags with immigration officers, particularly during visa renewals or international travel.
For this reason, many TN visa holders first change their status to a dual-intent visa category—such as H-1B or L-1—before beginning the green card process.
Learn more about TN visa rules and professional eligibility.
Green Card Options for TN Visa Holders
There are several green card paths available to those currently on a TN visa:
- Employment-Based Sponsorship (EB-2 or EB-3) – Requires a U.S. employer to file a PERM labor certification and an I-140 petition.
- National Interest Waiver (NIW) – A self-petitioning option for those in fields that benefit the U.S. national interest.
- Family-Based Sponsorship – TN holders who marry a U.S. citizen or green card holder may apply for a green card through marriage.
- Extraordinary Ability (EB-1A) – Available to individuals with sustained national or international acclaim in their field.
Each of these paths requires strong documentation and, in most cases, a strategic adjustment of immigration status before filing Form I-485 for adjustment of status.
Timing Is Critical
For TN visa holders, timing the green card process carefully is essential. Filing an immigrant petition (such as Form I-140 or I-130) is not, by itself, considered a violation of TN status. However, issues can arise when filing Form I-485 (Adjustment of Status) while still on TN, as this implies immigrant intent.
To avoid complications:
- Consider changing to H-1B or L-1 status before filing I-485
- Avoid international travel during the adjustment period
- Work with an immigration attorney to manage timing and document transitions
Adjustment of Status vs. Consular Processing
TN visa holders pursuing a green card may face the decision between adjustment of status within the U.S. and consular processing abroad. Adjustment of status may not be appropriate if the applicant remains on TN status at the time of filing. Consular processing may be more suitable in some cases, especially when the applicant has traveled or worked abroad recently.
Our attorneys at Scott Legal can help determine the best strategy based on your current status, immigration history, and long-term goals.
Transitioning from a TN visa to green card is possible, but it requires thoughtful legal planning to comply with U.S. immigration regulations. At Scott Legal, P.C., we help Canadian and Mexican professionals successfully navigate the green card process while minimizing risks to their visa status.
Schedule a consultation to receive personalized guidance and build a strategy that supports your path to permanent residency in the United States.
