TN Visa to Green Card Explained

If you’re a Canadian or Mexican professional working in the U.S. on a TN visa, you already know how valuable this status can be for building your career. But because the TN is strictly temporary, it can also create uncertainty for those who want to live, work, and settle in the U.S. long term.

Transitioning from a TN visa to a green card allows you to move from temporary status to permanent residence, giving you unrestricted work authorization, long‑term security, and a pathway to citizenship. However, the process carries unique challenges. The TN visa doesn’t permit dual intent, meaning you must carefully plan every step to avoid jeopardizing your status while showing eligibility for a green card.

This guide will help you understand how the TN fits within the broader U.S. immigration framework, explore the main green card pathways through employment and marriage, and outline the timing, costs, and compliance points to consider.

What is the TN visa?

The TN visa is a non-immigrant work visa created under the United States-Mexico-Canada Agreement (USMCA), formerly NAFTA. It allows qualified Canadian and Mexican citizens to work in the United States in specific professional occupations. The list of eligible professions is defined by the treaty and includes roles in fields like science, engineering, healthcare, and education.

Unlike many other work visas, the TN can be obtained in one- to three-year increments and renewed indefinitely, offering significant flexibility. However, its primary limitation is its strict non-immigrant classification. This means you must always maintain the intent to return to your home country when your temporary employment ends, a requirement that demands careful planning if you hope to pursue permanent residence, also known as a green card.

Can TN holders apply for a green card?

Yes, a TN visa holder can apply for a U.S. green card, but the transition requires careful strategic management. The core challenge lies in the TN visa's lack of "dual intent," a legal concept that allows holders of other visas, like the H-1B visa or L-1 visa, to pursue permanent residence without contradicting the terms of their temporary stay.

Because the TN visa requires you to maintain non-immigrant intent, filing a petition for a green card (an explicitly immigrant action) can create a conflict. This can lead to complications during TN visa renewals or when seeking re-entry into the United States. A successful transition from TN status to a green card is entirely possible, but it depends on precise timing, meticulous documentation, and a clear understanding of the legal boundaries.

Understanding dual intent and intent risks

“Dual intent” is a provision in U.S. immigration law that recognizes some non-immigrant visa holders may have two intentions: to abide by the terms of their temporary visa while also seeking a path to permanent residence. The H-1B and L-1 visas are explicitly recognized as dual-intent categories.

The TN visa is not. As a TN professional, you are admitted to the U.S. with the understanding that your stay is temporary. When you or your employer files an immigrant petition, such as Form I-140 (Immigrant Petition for Alien Worker) or Form I-130 (Petition for Alien Relative), you are formally declaring your intent to live in the U.S. permanently.

This creates a direct conflict and a significant risk. A U.S. Customs and Border Protection (CBP) officer at a port of entry has the authority to deny you entry if they believe you have abandoned your non-immigrant intent. If they see a pending immigrant petition in your record, they may conclude you plan to stay permanently and are no longer eligible for TN status. To manage this, many applicants use timing strategies, such as waiting to file key petitions until after they have safely entered the U.S. on a valid TN visa. Some may even change their status to a dual-intent visa like the H-1B, before starting the green card process to eliminate this risk altogether.

Why transition to a green card

Moving from a temporary TN visa to a green card unlocks a new level of stability and freedom in the United States. The benefits are substantial:

• Permanent work authorization: You can work for any employer, in any role, anywhere in the U.S. without needing visa sponsorship.
• Unrestricted career mobility: You gain the freedom to change jobs, accept promotions, or even start your own business without filing new visa petitions.
• Long-term stability: You are no longer subject to the uncertainty of visa renewals or the risk of being denied re-entry at the border.
• Benefits for your family: Your spouse and unmarried children under 21 also receive green cards, and your spouse can work without restrictions.
• Path to U.S. citizenship: After meeting residency requirements (typically five years), you become eligible to apply for U.S. citizenship.

Pathways: three routes from TN visa to green card

There are three primary routes for a TN visa holder to obtain permanent residence:

1. Through employment: A U.S. employer sponsors you for a green card based on your professional skills, usually through the EB-1, EB-2, or EB-3 employment-based categories.
2. Through marriage: A spouse who is a U.S. citizen or a lawful permanent resident sponsors you.
3. Through consular processing: You complete the final steps of your green card application at a U.S. embassy or consulate in your home country, which can help mitigate some of the intent-related risks.

TN visa to green card through employment

This is the most common pathway for professionals whose U.S. employer is willing to sponsor them for a permanent role.

Eligibility

To qualify, you must have a permanent, full-time job offer from a U.S. employer. Your qualifications and the nature of the job will determine the appropriate employment-based (EB) category. For most TN professionals, these include:

• EB-1: Reserved for individuals with extraordinary ability, outstanding professors and researchers, or certain multinational managers and executives.
• EB-2: For professionals holding an advanced degree (master's or higher) or individuals with exceptional ability in their field.
• EB-3: For skilled workers, professionals with bachelor's degrees, and other workers.

Key forms

The employment-based green card process involves several government agencies and forms:

• PERM Labor Certification: Filed with the U.S. Department of Labor (DOL), this is the first step for most EB-2 and EB-3 cases.
• Form I-140, Immigrant Petition for Alien Worker: Filed with U.S. Citizenship and Immigration Services (USCIS) to classify you under the correct EB category.
• Form I-485, Application to Register Permanent Residence or Adjust Status: The final application for your green card, filed with USCIS when a visa number is available.

Comparison: TN vs. L-1 vs. EB green card categories

Step-by-step process: Employment path

Step 1: PERM Labor Certification 

For most EB-2 and EB-3 petitions, your employer must first obtain a certified PERM Labor Certification from the DOL. This involves a recruitment process to demonstrate that there are no qualified, willing, and available U.S. workers for your position. This step can take six to twelve months or longer.

Step 2: Submit Form I-140 

Once the PERM is certified, your employer files Form I-140 with USCIS. This petition establishes your eligibility for the specific green card category. The date this form is filed becomes your "priority date," which determines your place in the green card queue.

Step 3: Track your priority date

You must monitor the State Department's monthly Visa Bulletin. Due to annual limits, there can be a backlog for certain categories and countries. You cannot file your final green card application until your priority date is "current."

Step 4: File Form I-485

When your priority date is current, you can file Form I-485 to adjust your status from TN non-immigrant to permanent resident. With this filing, you can also apply for an Employment Authorization Document (EAD) and an Advance Parole document, which allows you to travel internationally while your application is pending.

Step 5: Attend the biometrics appointment and interview

USCIS will schedule you for a biometrics appointment to provide fingerprints, a photograph, and a signature. You may also be required to attend an interview with a USCIS officer to verify the information in your application.

Step 6: Receive final approval

After a successful review, USCIS will approve your I-485 application. Your green card will be mailed to you shortly after.

Important note: You must maintain a valid non-immigrant status, such as your TN, throughout this entire process until your Form I-485 is approved. Any gap in lawful status could jeopardize your green card application.

TN visa to green card through marriage

If you are married to a U.S. citizen or a lawful permanent resident, they can file a petition for you to receive a green card.

Eligibility

You must have a legally valid marriage. If your spouse is a U.S. citizen, you are considered an "immediate relative," and the non-immigrant intent requirement of the TN visa is generally not an issue for the green card application itself. If your spouse is a permanent resident, you will be subject to visa backlogs.

Key forms

The primary forms for a marriage-based green card are:

• Form I-130, Petition for Alien Relative: This form establishes the validity of your marriage.
• Form I-485, Application to Register Permanent Residence or Adjust Status: This is your application for the green card.
• Form I-864, Affidavit of Support: Your spouse must file this form to show they can financially support you.

Step-by-step process: Marriage path

Step 1: File Form I-130 

Your spouse files Form I-130 with USCIS. If your spouse is a U.S. citizen, you can file Form I-485 concurrently. If your spouse is a permanent resident, you must wait for your priority date to become current before filing Form I-485.

Step 2: File Form I-485 

Once eligible, you file Form I-485 along with Form I-864 and extensive supporting documentation proving the legitimacy of your marriage.

Step 3: Attend the biometrics appointment and interview 

You will attend a biometrics appointment. Later, you and your spouse must attend an interview with a USCIS officer, who will ask questions to confirm your marriage is authentic.

Step 4: Receive your green card 

If your marriage is less than two years old when your green card is approved, you will receive a conditional two-year green card. You will need to file a joint petition to remove those conditions before it expires. If your marriage is over two years old, you will receive a ten-year permanent green card.

Consular processing vs. adjustment of status

For the final stage of your green card application, you have two options:

• Adjustment of Status: This is for TN holders who are physically present in the United States. You file Form I-485 with USCIS and complete the entire process without leaving the country. This route allows you to obtain work and travel authorization while your case is pending.
• Consular Processing: This route involves attending your final green card interview at a U.S. embassy or consulate abroad. This can be a strategic choice for TN holders who want to avoid the risk of being denied re-entry to the U.S. while their immigrant petition is pending.

Timeline and processing duration

Green card timelines can vary significantly based on the pathway and individual circumstances:

• Marriage-based (to a U.S. citizen): Typically 8 to 18 months.
• Employment-based: Can take 12 to 36 months or more, largely dependent on PERM processing times and visa backlogs for your category and country of origin.

TN visa to green card cost

The costs include government filing fees, medical exams, and optional professional services.

Government fees:

• PERM Labor Certification: No government filing fee, but associated recruitment costs are paid by the employer.
• Form I-140: $715.
• Form I-485: $1,440 (this fee typically includes the biometrics fee).
• Medical Exam: $200 to $500, varies by provider.

Optional fees:

• Premium Processing for Form I-140: $2,805 for a decision within 15 calendar days.

Professional services:

• Legal and document preparation fees vary by the complexity of the case.

Total government and related costs often range from $3,000 to $8,000. It is advisable to check the official USCIS website for the most current fee schedule, as fees are subject to change.

Common challenges and disadvantages

While the TN to green card pathway is achievable, applicants often face structural and timing hurdles that require careful planning. The main challenges stem from the visa’s temporary nature, its restrictions on immigrant intent, and the procedural dependencies tied to U.S. immigration law.

1. The non‑dual intent restriction
Unlike H‑1B or L‑1 categories, TN status does not allow dual intent. This means that once you formally express immigrant intent (by filing a Form I‑140 or I‑130), your ability to renew TN status or re‑enter the U.S. can be questioned.

2. Re‑entry and travel risks
When an immigrant petition is pending, U.S. Customs and Border Protection (CBP) officers may interpret your intent as permanent. This can lead to scrutiny at the border and, in rare cases, travel denials.

3. Employer dependency in employment‑based filings
For EB‑2 and EB‑3 cases, your sponsoring employer controls the early stages of the process, particularly PER  labor certification and Form I‑140 submission. You generally cannot change employers until your I‑485 adjustment has been pending at least 180 days under the AC21 portability rules.

4. Country‑specific visa limits
Visa backlogs vary by nationality. Mexican professionals in certain EB categories often experience delays due to annual per‑country limits set by the U.S. Department of State. Monitoring the Visa Bulletin each month helps you plan around these wait times and adjust expectations for filing or travel.

Each of these challenges can be managed with informed timing, documentation discipline, and professional guidance, but acknowledging them early ensures your transition plan is both realistic and compliant.

Navigate Your TN to Green Card Transition With Confidence

Transitioning from a TN visa to a green card is complex and requires careful strategic planning. Lighthouse provides technology-enabled case preparation and expert legal review to strengthen both employment- and family-based petitions. Our platform streamlines document collection, and our team guides you through critical timing decisions to manage non-immigrant intent and maintain compliance.

We partner with employers and individuals to map timelines, prepare required DOL and USCIS filings, and ensure each submission meets the highest standards to reduce delays and avoid unnecessary RFEs.

Partner with Lighthouse to build a stronger green card strategy—book a demo to get started.

FAQs

How long does it take for a TN visa holder to get a green card? 

The process can take anywhere from 8 to 36 months. The exact timeline depends on the pathway (marriage or employment), government processing times for forms like the PERM, and visa availability based on your country of birth and petition category.

Can you go from a TN visa to a green card? 

Yes, you can transition from a TN visa to a green card through either employment sponsorship or marriage to a U.S. citizen or permanent resident. The process must be managed carefully to address the TN visa's strict non-immigrant intent requirement.

What are the disadvantages of a TN visa? 

The primary disadvantages are its lack of dual intent, which complicates the green card process, and the associated risks during travel or renewal once an immigrant petition is filed. Additionally, dependents in TD status are not authorized to work in the U.S.

Do I need an immigration lawyer for the TN visa to green card process? 

While not legally mandatory, professional guidance is strongly recommended to navigate the complexities of immigrant intent and maintain lawful status. Lighthouse provides expert support to develop a clear strategy, prepare accurate documentation, and manage the multi-agency process.

Can a TN visa holder apply for a green card while in the U.S.? 

Yes, you can apply for a green card from within the U.S. by filing Form I-485 for adjustment of status. It is critical to time this filing appropriately to avoid any appearance of misrepresenting your temporary intent upon your last entry into the country.

What happens if the green card petition is denied? 

If your green card application is denied, you may be able to continue working on your TN visa if it remains valid. Depending on the reason for the denial, your employer may be able to refile the petition, or you could explore other visa options.