If you’re working in the U.S. on a TN visa, you may be wondering how to transition to a green card. The TN visa is a fantastic option for Canadian and Mexican professionals under NAFTA (now USMCA), offering an efficient way to work in the U.S. without the complications of other visa types. However, it is a non-immigrant visa, meaning it doesn’t provide a direct path to permanent residency. That said, there are ways to make the transition—if you follow the right steps.
This guide breaks down your options, key challenges, and the most effective ways to move from a TN visa to a green card without jeopardizing your current status.
The Challenge: Dual Intent and the TN Visa
One of the biggest obstacles for those wanting to make the switch from TN visa to green card is the issue of dual intent. Unlike some work visas (such as the H-1B), the TN visa is strictly non-immigrant, meaning you must demonstrate an intent to return to your home country. This can complicate the green card process because applying for one suggests you want to stay permanently.
If U.S. immigration officials believe you’re trying to bypass the system, your TN visa could be denied or revoked. That’s why the process requires careful planning to ensure you don’t run into legal trouble while making the transition.
Green Card Options for TN Visa Holders
While the TN visa doesn’t directly lead to a green card, there are a few ways to make it work. Here are the most common paths:
1. Employer Sponsorship – The Employment-Based Green Card
One of the most common ways TN visa holders transition to a green card is through employer sponsorship. This typically happens under one of these categories:
- EB-2 (Advanced Degrees or Exceptional Ability) – Ideal for those with a master’s degree or higher, or individuals with exceptional skills in their field. Requires a labor certification (PERM).
- EB-3 (Skilled Workers and Professionals) – Suitable for bachelor’s degree holders or those with at least two years of experience in a specific job role. Also requires a labor certification.
The process starts when your employer files a PERM labor certification, proving that no qualified U.S. workers are available for your role. After that, they submit an I-140 Immigrant Petition. Once that’s approved, you’ll need to apply for adjustment of status (Form I-485) to get your green card.
The key challenge? Timing. Since the TN visa doesn’t allow dual intent, applying for a green card while still on TN status can be risky. Many applicants switch to an H-1B visa first, since H-1B allows dual intent.
2. Marriage to a U.S. Citizen or Permanent Resident
If you marry a U.S. citizen, your green card process becomes much simpler. Marriage-based green card applications bypass the labor certification process and generally move faster. This option is often the easiest if you qualify, but the relationship must be legitimate—fraudulent marriage applications are heavily scrutinized.
For those married to U.S. permanent residents (green card holders), the process takes longer since you must wait for a visa number to become available before applying for adjustment of status.
3. Family-Based Sponsorship (Outside of Marriage)
If you have close family members who are U.S. citizens or permanent residents, they may be able to sponsor you for a green card. This includes parents, siblings, and children over 21. However, these categories often have long wait times, depending on the visa backlog for your country.
4. The EB-1 Green Card for Extraordinary Ability
If you have exceptional skills in your field, you may qualify for the EB-1 green card without needing employer sponsorship. This applies to individuals with outstanding achievements in science, arts, education, business, or athletics. If you’ve won major awards, published significant research, or have other high-level recognitions, this could be an option.
Avoiding Pitfalls in the Green Card Process
Transitioning from a TN visa to a green card requires careful strategy to avoid status violations. Here are a few things to watch out for:
- Applying for a green card too early – Since TN status requires non-immigrant intent, filing a green card petition too soon can lead to problems at the border or during visa renewals.
- Travel complications – If you file for adjustment of status while on TN, you may need advance parole to travel outside the U.S. without jeopardizing your application.
- Switching visas at the wrong time – Many applicants move to H-1B status before applying for a green card because H-1B allows dual intent. If your case isn’t straightforward, getting legal advice can help.
Timeline: How Long Does It Take?
The time it takes to get a green card depends on your chosen path:
- Marriage-based green cards – Around 12 to 18 months if married to a U.S. citizen. Longer if married to a permanent resident.
- Employer-sponsored green cards – 1 to 3 years, depending on labor certification processing and visa availability.
- Family-based green cards (non-marriage) – Anywhere from 1 year to over 10 years, depending on the family category and wait times.
- EB-1 Green Card – Can be as fast as a year if you meet the qualifications.
Can You Continue Working While Applying?
Yes, but it depends on your situation. If you apply for adjustment of status, you can request a work permit (EAD) while waiting for approval. If you go through consular processing, you must stay on a valid work visa until your green card is approved.
Is Transitioning Worth It?
If you want to live and work permanently in the U.S., transitioning from a TN visa to a green card is absolutely worth considering. While the process requires planning and careful timing, the benefits of permanent residency—job flexibility, the ability to travel freely, and eventual U.S. citizenship—make it a strong long-term investment.
Taking the Next Step
Making the switch from a TN visa to a green card isn’t always straightforward, but with the right strategy, it’s achievable. Whether through employer sponsorship, family connections, or extraordinary ability, there are multiple paths to consider. The key is to ensure you follow immigration laws carefully to protect your status while working toward permanent residency. If you’re considering this transition, understanding your options fully is the first step toward making it happen.