Key Facts Every TN Visa Holder Should Know
- The TN visa does not have dual intent. This means you cannot simultaneously hold temporary work authorization while applying for permanent residency without careful planning. If you intend to seek a green card, it’s important to consult with an immigration attorney at Green Card Link to ensure your process is handled correctly.
- Marriage-based and employment-based green cards are two potential paths, each with its own eligibility criteria, risks, and timelines.
- The TN visa is available to citizens of Canada and Mexico under the United States-Mexico-Canada Agreement (USMCA).
If you are currently on a TN visa and planning to make your U.S. stay more permanent, this guide explains how to transition from TN visa status to lawful permanent residence—and how to do it safely and efficiently.
TN Visa to Green Card Options
There are two main ways to transition from a TN visa to a green card:
- Marriage-based green card (through a U.S. citizen or lawful permanent resident spouse)
- Employment-based green card (through employer sponsorship or self-petition)
Because the TN visa is not a dual-intent visa, applicants must proceed carefully to avoid issues with immigrant intent.
Transitioning from TN Visa to Green Card Through Marriage
Marrying a U.S. citizen while on a TN visa can raise questions about whether you originally intended to stay in the U.S. permanently. This could cause complications if you later renew your TN visa or apply for a marriage-based green card
Working closely with an immigration attorney at Green Card Link is essential to protect your status and plan a lawful path forward.
Steps for a Marriage-Based Green Card
- Marry a U.S. citizen.
- You may need to return to your home country before completing the green card process.
- Your U.S. citizen spouse must file Form I-130 (Petition for Alien Relative) with USCIS.
- Wait for I-130 approval, which currently takes around 14.5 months.
- After approval, attend your green card interview at a U.S. consulate—typically in Montreal (Canada) or Ciudad Juárez (Mexico).
- If approved, you’ll receive your U.S. green card.
The 90-Day Rule and Immigrant Intent
USCIS uses the 90-day rule to evaluate whether you misrepresented your intent when entering the U.S. on a TN visa. If you apply for a green card or request a change of status within 90 days of entry, USCIS may assume you had pre-existing immigrant intent, which can result in:
- Denial of your adjustment of status
- Difficulty renewing your TN visa in the future
- Potential complications with future visa or green card applications
While it’s possible to adjust your status in the U.S., this option carries risks and could limit your ability to work or travel until USCIS processes your case.
To determine if this route is right for you, schedule a consultation with an immigration attorney at Green Card Link for personalized guidance.
TN Visa to Green Card Through Employment
If you prefer an employment-based route, you may pursue a green card through employer sponsorship or self-petition (if eligible). This process is more straightforward when moving from a dual-intent visa, but TN visa holders can still transition with proper legal planning.
Employment-Based Green Card Categories
- EB-1A: Extraordinary ability in your field (self-petition allowed)
- EB-1C: Multinational executives or managers
- EB-2 (with National Interest Waiver): Advanced degree or exceptional ability (self-petition possible)
- EB-2/EB-3: Requires employer sponsorship and, in most cases, PERM labor certification
Each TN visa is employer-specific, meaning that if you change jobs, your new employer must file a new petition before you start working to maintain lawful status.
Employment-Based Green Card Process
- File Form I-140 (Immigrant Petition for Alien Worker) – filed by you or your employer.
- Wait for approval and for your priority date to become current in the Department of State’s Visa Bulletin.
- Submit Form I-485 (Adjustment of Status) once your I-140 is approved and your category is current.
- Receive your green card, officially changing your TN visa to lawful permanent resident status.
If you prefer to process your green card outside the U.S., you may opt for consular processing, which takes place in your home country (Canada or Mexico).
Understanding Priority Dates
Your priority date is the date USCIS receives your I-140 petition. This date determines when you can move forward with your green card process. The Visa Bulletin, published monthly by the Department of State, lists “final action dates” that dictate eligibility to proceed.
If the number of applicants exceeds available visas for your country, your priority date may be delayed (“retrogressed”). You can track progress each month to estimate when you’ll become eligible to adjust your status.
USCIS offers premium processing for faster I-140 adjudication (15 calendar days instead of six months) for most categories—except EB-1C and NIW (National Interest Waiver) cases.
TN Visa to Green Card Processing Time
Route | Typical Processing Time | Notes |
Marriage-Based | 3 months to over 1 year | Includes I-130 filing, background checks, and interview |
Employment-Based | 6 months to several years | Depends on PERM certification, visa bulletin movement, and USCIS processing speed |
Processing times vary depending on your service center, case complexity, and whether a Request for Evidence (RFE) is issued. Working with experienced immigration attorneys at Green Card Link helps prevent delays and ensure your case is filed accurately.
The TN Visa’s Dual Intent Limitation
The TN visa—available to Canadian and Mexican professionals under USMCA—is not a dual-intent visa, meaning it’s meant for temporary employment, not permanent immigration. TN-1 visas are for Canadian citizens, while TN-2 visas are for Mexican citizens.
To lawfully pursue permanent residency while working in the U.S., many TN holders switch to a dual-intent visa before filing for a green card.
TN Visa to H-1B Visa
The H-1B visa is one of the most common dual-intent options. It allows professionals with a bachelor’s degree or higher to work in specialty occupations and provides a clear path to permanent residency.
H-1B Visa Highlights
- Valid for up to six years
- Allows employment with multiple U.S. employers
- Offers portability, meaning you can transfer employers
- Permits dual intent, so you can apply for a green card while maintaining your visa status
However, the H-1B program is subject to an annual cap of 65,000 visas and a lottery selection system, due to high demand.
Specialty Occupation Requirements
To qualify as a specialty occupation, your position must:
- Require at least a bachelor’s degree or equivalent experience;
- Typically require such a degree in the industry;
- Demand complex, specialized duties that justify the educational requirement.
Because of its flexibility and compatibility with immigrant intent, the H-1B is often the best bridge from a TN visa to a green card.
TN to L-1 Visa Transition: What You Need to Know
The L-1 visa serves as a strong alternative to the TN visa for certain professionals, although it’s not a perfect substitute. This category allows multinational companies to transfer their executives, managers, or employees with specialized knowledge to a U.S. branch, subsidiary, or affiliate. Unlike the H-1B visa, there’s no annual cap or lottery system, and no educational degree requirement, making the L-1 an appealing choice for qualified applicants. Another advantage is that employers can file one blanket petition covering multiple employees, reducing both time and cost for the company.
However, the L-1 visa is strictly an intra-company transfer visa, meaning you must already be employed by a multinational company abroad to qualify. To be eligible, you must have worked for the company’s foreign branch for at least one continuous year within the three years before submitting your L-1 petition.
Example:
Imagine an architect from Mexico working in the U.S. under TN status for a global architectural firm with offices in both Mexico and Texas. After spending a year at the Texas branch, the firm could file an L-1B visa petition for her as an employee with specialized knowledge, since it qualifies as an intra-company transfer. Once approved, she would hold a dual-intent visa, which can lead to permanent residency later.
TN Visa Fees and Application Costs
For Canadian Citizens (Applying at the Border)
- Application fee: $50
- I-94 arrival/departure card fee: $6
For Mexican Citizens (Applying at a U.S. Embassy or Consulate)
- DS-160 visa application fee: $185
- Reciprocity fee: $70 for a 12-month visa or $357 for a 48-month visa
Pro Tip: Canadian citizens can apply for TN status directly at a U.S. port of entry by presenting the required documentation to a Customs and Border Protection (CBP) officer. In contrast, Mexican citizens must obtain the TN visa in advance through a U.S. consulate before entering the country.
TN to Green Card: Frequently Asked Questions
Does a TN visa lead to a green card?
While there’s no direct path from a TN visa to a green card, certain dual-intent options (like the L-1 or H-1B) or employment-based immigrant categories can make the transition possible. Speak with an immigration attorney at Green Card Link to determine your best strategy.
Can my spouse and children come with me on a TN visa?
Yes. Your spouse and unmarried children under 21 may accompany you and remain in the U.S. for the same duration as your TN visa. However, you cannot sponsor extended family members through this category.
Can my spouse work while I’m on a TN visa?
Unfortunately, dependents of TN visa holders are not permitted to work in the United States. They may, however, enroll in school or college during their stay.
What are the main limitations of the TN visa?
The TN visa is not dual intent and is typically issued in three-year increments. Because it doesn’t inherently support permanent residency, transitioning to a green card can be more complex compared to dual-intent visas.
Do I need a job offer before applying for a TN visa?
Yes. You must secure an offer from a qualifying U.S. employer before applying. The employer must provide a letter outlining your position, duties, and qualifications.
Can I switch from TN to H-1B status?
Yes, if you meet the H-1B qualifications, including holding at least a bachelor’s degree in a relevant field and a U.S. job offer that requires it. However, you’ll need to follow the H-1B application process, which may involve a lottery.
How long is the TN visa valid?
The TN visa is initially valid for three years and can be renewed indefinitely, provided you continue to meet eligibility requirements and your employment remains temporary.
Can I apply for U.S. residency with a TN visa?
Yes, but you must take additional steps—either through marriage-based or employment-based sponsorship—to adjust your status to a permanent resident.
How Green Card Link Can Help
Even a small paperwork error or misunderstanding of visa fees can cause delays and costly denials. At Green Card Link, its immigration attorneys specialize in helping professionals transition from temporary visas to permanent residency. From preparing all required forms and supporting evidence to navigating complex U.S. immigration laws, the immigration attorneys at Green Card Link ensure a smooth, stress-free experience on your path to lawful permanent residence.