The TN visa, created under the United States-Mexico-Canada Agreement (USMCA), formerly NAFTA, offers a streamlined path for Canadian and Mexican professionals to work in the U.S. on a temporary basis. But for many TN visa holders, mere temporary status isn’t enough. Whether for family, job stability, or long-term goals, transitioning from a TN visa to a green card is a logical next step.
However, because the TN visa is not a dual-intent visa, the path to permanent residency requires careful planning. In this guide, we’ll break down exactly how to convert a TN visa to green card status, including step-by-step strategies for employment-based, marriage-based, and self-petition pathways.
Can You Go from TN Visa to Green Card?
Yes, you can go from a TN visa to a green card, but it’s not a direct or automatic process. Because the TN visa is classified as a single-intent visa, applying for a green card while holding this status can be risky. You must approach the transition strategically to avoid potential legal or immigration risks. You must show that your intent remains to work temporarily, not settle permanently.
There are several pitfalls to look out for if you intend to process green card while holding a TN visa. However, since it’s legally possible, you only need to know what to do and when to do it. Let’s check out some of the most common options.
How to Convert TN Visa to Green Card Through Employment (EB-2/EB-3)
This is one of the most common pathways to go from TN visa to green card. It involves employer sponsorship through the EB-2 or EB-3 preference categories, depending on your education and job role.
Here’s how the process works:
Step 1: Employer Files PERM Labor Certification
Your employer must first submit a PERM application to the U.S. Department of Labor. This step confirms that there are no qualified U.S. workers available for the job and that the employer is offering a wage that meets the prevailing standard.
Step 2: File I-140 Immigrant Petition
Once the PERM is approved, your employer files Form I-140, the Immigrant Petition for Alien Worker, with USCIS. This officially confirms the employer’s intent to sponsor you for permanent residency. If you’re in a hurry, premium processing can be used to expedite this step.
Step 3: Choose Between Adjustment of Status (I-485) vs. Consular Processing
After I-140 approval, you have two main options:
- If you’re still in the U.S., you may file Form I-485 to adjust your status.
- Alternatively, you can opt for consular processing back in your home country.
Adjustment of status is convenient, but consular processing may be safer for TN visa holders because it avoids the immigrant intent issue entirely.
Step 4: Maintain TN Status Until Work Authorization or Green Card Is Approved
You must keep your TN status valid during the entire process. If your status lapses before work authorization is issued, you risk falling out of status. Avoid filing I-485 too early if still on TN. Timing your I-485 submission correctly is key, especially if you’re still under 90 days.
TN Visa to Green Card Through Marriage
Another widely used pathway is marriage. If you marry a U.S. citizen or a lawful permanent resident (green card holder), you may be able to go from TN visa to green card based on your relationship.
Marriage to a U.S. Citizen
If you marry a U.S. citizen, you may apply for a green card through a process known as concurrent filing. This involves submitting Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Adjust Status) at the same time.
However, timing matters. If you marry and apply shortly after entering the U.S. on TN status, you may be accused of misrepresenting your intent. This is where the 90-day rule comes in. USCIS may assume immigrant intent if you file for adjustment within 90 days of entry. It’s generally safer to wait until after 90 days.
Marriage to a Green Card Holder
If your spouse is a lawful permanent resident (LPR), you can still apply, but not concurrently. The process is a bit slower, and you must wait until a visa number becomes available in the F2A category. Once available, you can either:
- File for adjustment of status if still in valid TN status, or
- Leave the U.S. and apply through consular processing.
Make sure to maintain legal status throughout and avoid unauthorized employment.
Self-Petitioning from TN Visa to Green Card (EB-1A / EB-2 NIW)
For highly qualified professionals, there’s another option: self-petitioning through either the EB-1A (extraordinary ability) or EB-2 NIW (National Interest Waiver). This is ideal for researchers, scientists, entrepreneurs, and others with a proven record of achievement.
Step 1: File I-140 as a Self-Petitioner
Unlike the employment-based route, you don’t need an employer to file for you. If you’re eligible under EB-1A or EB-2 NIW, you can file your own I-140 petition. You’ll need to submit evidence of your qualifications, such as published work, awards, advanced degrees, and impact in your field.
Step 2: File I-485 or Pursue Consular Processing
After your I-140 is approved and your priority date is current, you can apply for a green card via:
- Form I-485 (adjustment of status), or
- Consular processing if you’re outside the U.S.
If you’re still in TN status, be very cautious about filing I-485. USCIS may interpret it as a declaration of immigrant intent. In many cases, applicants switch to a dual-intent visa (like H-1B) first or go the consular route to play it safe.
This route allows you to convert TN visa to green card status without employer sponsorship, but the eligibility criteria are strict.
Switch to H-1B Before Applying for Green Card
One way to make the green card process safer is to switch from a TN visa to an H-1B visa first. Unlike TN, the H-1B is a dual-intent visa, meaning you can lawfully apply for a green card while maintaining H-1B status.
Step 1: Get H-1B Sponsorship
You’ll need an employer to sponsor your H-1B visa. You can either enter the annual lottery or find a cap-exempt employer (like a university or nonprofit). Once your H-1B is approved, you’re in a stronger position to begin the green card process.
Step 2: Begin Green Card Process
With your new H-1B status, you can move forward confidently. Whether you’re filing under EB-2, EB-3, or a self-petition route, you can now submit Form I-485 without worrying about the 90-day rule or dual intent issues.
This process isn’t required, but it reduces risk.
TN Visa to Green Card: What to Watch Out For
While the steps above offer multiple legal pathways to permanent residency, TN visa holders must be especially cautious. Because the TN visa does not support dual intent, even minor missteps can raise red flags with USCIS or at the border.
Here are the most common and costly mistakes to avoid when converting a TN visa to green card status:
- Applying too soon after entry (90-Day Rule): If you apply for a green card within 90 days of entering the U.S. on a TN visa, USCIS may assume you had immigrant intent at entry, leading to possible denial of your adjustment of status.
- Failing to maintain TN status during processing: TN visa holders must maintain lawful status throughout the green card process. Allowing your TN to lapse while waiting for work authorization or green card approval can result in unlawful presence.
- Traveling during a pending I-485 without advance parole: Leaving the U.S. while your adjustment of status is pending, without an approved travel document (Form I-131), can cancel your application.
- Misunderstanding your visa’s limitations: Some TN visa holders assume it has the same flexibilities as H-1B. It does not. Always plan for potential scrutiny when seeking permanent residency on a single-intent visa.
Summary: Choosing the Best Path Forward
While the TN visa doesn’t directly lead to a green card, there are multiple pathways to make it happen with the right strategy. Employment sponsorship, marriage to a U.S. citizen or green card holder, self-petitioning, or switching to H-1B, all can work depending on your background, timing, and goals.
Let’s check out the main options again:
| Pathway | Best For | Requirements |
|---|---|---|
| Employment-Based (EB-2 / EB-3) | TN holders with employer support | PERM + I-140 + I-485 or consular |
| Marriage to U.S. Citizen | TN holders in genuine relationships | I-130 + I-485 (wait 90 days) |
| Marriage to Green Card Holder | TNs married to LPRs | I-130, wait for visa number |
| Self-Petition (EB-1A / EB-2 NIW) | Highly qualified professionals | Strong evidence of merit |
| Switch to H-1B First | Risk-averse TN holders | Requires new sponsorship |
If you’re unsure of where you stand or have further questions, visit ImmigrationQuestion.com and get your questions answered in hours by licensed immigration attorneys. You may also qualify for free consultation with an experienced attorney who may be willing to walk you through the process.
Frequently Asked Questions
1. Can I stay in the U.S. while applying for a green card from a TN visa?
Yes, but only if you properly maintain TN status or adjust it strategically. Adjustment of status is possible, but you must be careful about timing and avoid suggesting immigrant intent too early.
2. What is the 90-day rule and how does it apply to TN visa holders?
The 90-day rule is an internal USCIS guideline. If you apply for a green card within 90 days of entering the U.S. on a TN visa, it may appear that you misrepresented your intent at the border, especially if you entered as a temporary worker but applied for permanent residency shortly after.
3. Is it better to switch to H-1B before starting the green card process?
For many TN holders, yes. The H-1B visa allows dual intent, meaning you can pursue a green card without the risk of status violations. It removes the 90-day concern and makes filing Form I-485 more straightforward.
4. Can I apply for a green card while on a TN visa without quitting my job?
Yes, provided you maintain valid TN status or transition to another lawful status while the green card application is pending. It’s important to avoid gaps or unauthorized work.
