TN Visa to Green Card: Process and Key Steps

The TN visa is available to Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA). If you are on a TN visa and looking to make your stay a more permanent one, read our guide to learn what it takes to transition from a TN visa to green card status and how you can make the change as smoothly as possible.

There are two ways to go from a TN visa to a green card – through a marriage-based process or an employment-based based. Each has its own unique process and set of requirements. Additionally, it’s important to understand that the TN visa is not a dual intent visa, which will be further elaborated throughout the article.

TN Visa to Green Card Through Marriage

Marrying a U.S. citizen can cause the USCIS to doubt your intention to leave the country after your TN visa’s validity period is over. This can create difficulties if you intend to renew your TN visa or apply for a marriage-based green card.

It is recommended to work closely with your attorney to avoid jeopardizing your status if you intend to go this route. If your case allows you to obtain a green card by marriage while under TN visa status, here are the steps:

• You must marry a U.S. citizen.
• You may need to return to your home country.
• Your U.S. spouse will need to file an I-130 petition on behalf of you, their alien spouse.
• You will need to wait until the I-130 has been approved (Current processing time is ~14.5 months).
• Then you can travel to the U.S. consulate or embassy in your home country (Montreal for Canada and Juarez for Mexico) for an interview with a consular officer to finalize the green card process.
• If approved, you will receive your green card.

90-Day Rule

The 90-day rule is a guideline used to determine if you went against your immigrant intent. If you filed for a green card or change of status within 90 days of entering the U.S. on a TN visa, USCIS may assume that you had pre-existing immigrant intent to permanently stay when you entered the U.S. USCIS may deny your adjustment of status petition, question your eligibility for future TN renewals, or even complicate future visa applications.

Alternatively, you might be able to adjust your status while still in the U.S. However, this is risky and may restrict your ability to work and travel until the adjustment of status process is complete.

The marriage-based route does not necessarily require you to switch to a dual intent visa to apply for a green card.

Speak with one of our immigration attorneys to determine if this route is possible for you.

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TN Visa to Green Card Through Employment

A dual intent visa allows you to legally pursue permanent residency in the U.S. while maintaining your non-immigrant status. Unlike the TN visa, which is only temporary,  dual intent visas allow you to transition to a green card without jeopardizing your current status. So, once you have a dual intent visa, you can file the petition for your green card.

If you are going for an employment-based green card, you will need to either file an I-140 petition for an alien worker or have an employer file one on your behalf. Some employment green cards allow you to self-petition (such as the EB-1A and the EB-2 with a National Interest Waiver), but most require you to have a sponsoring employer to file for you.

Each TN visa is employer-specific, so if you plan to switch jobs, your new employer must file a new petition before you start working to avoid being out of status.

Choosing the right employment-based green card for your TN visa scenario should be based on your qualifications. Having an advanced degree will allow you to get an EB-2, while being a multinational manager or executive could merit you an EB-1C. The difference between these green cards is only the qualifications required and the amount of time it takes to get them.

Here are the general steps:

• Step 1: Your sponsor (either you or your employer) must file an I-140 petition
• Step 2: You must wait for two things to happen: your I-140 must be approved, and your priority date must be current. 
• Step 3: If both conditions are met, then you can file an I-485 adjustment of status form and wait for its approval.
• Step 4: You will be issued your green card, and your non-immigrant TN status will be adjusted to lawful permanent resident status.

Alternatively, if you choose not to get a dual intent visa, you can leave the U.S. and apply for a green card from your home country. In that case, once your priority date is current, you will need to make an appointment with the U.S. consulate in either Mexico or Canada and travel there for a one-on-one interview with a consular officer.

This process is called consular processing and stands as an alternative to adjustment of status, which is only available to people who are in the U.S. under a non-immigrant dual intent visa status.

If you’re eligible to self-petition yourself, you will avoid the process of having to get a sponsor or labor certification.

Check with one of our attorneys to see if you qualify!

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What are priority dates?

When you file your green card petition, the date that the USCIS receives it will be marked as your priority date. This date is yours and does not change. The priority date must be compared to another date called the “final action date”. You will find this posted in the monthly visa bulletin released by the Department of State. Final action dates usually change every month and are assigned based on the type of green card and the beneficiary’s country of origin. 

If too many people from one country apply for the same green card, the date will go backward, away from your priority date. Otherwise, the date should either remain in the same place or advance. Remember to check the visa bulletin every month to see how close the final action date in your category is to your priority date. Once the final action date matches or passes your priority date, you will be able to either adjust your TN status or make an appointment for consular processing.

You cannot speed up the priority date waiting time, but you can expedite your I-140 processing time from the usual six months to just 15 calendar days with the optional service called premium processing, which costs an extra fee. However, this is not available for the EB-1C or the National Interest Waiver.

TN Processing Timeline

The TN visa to green card process can take anywhere between three months to over a year for either the marriage or employment route.

• Marriage-based: Typically takes 3 months to over a year. The process includes filing the I-130, attending an interview, and USCIS background checks.
• Employment-based: The processing time depends on how quickly the PERM labor certification can be processed, and it can take much longer than a year to process.

The processing time can also be impacted by how busy your service center and/or U.S. embassy is. If a Request for Evidence (RFE) is sent, this can also delay your application processing. However, planning ahead and working with a qualified immigration attorney can help reduce delays.

Understand the TN Visa’s Dual Intent Challenge

While the TN visa offers a way for Canadian and Mexican professionals to work in the U.S., it comes with one limitation, the TN visa is NOT a dual intent visa. The TN visa is a non-immigrant work visa designed specifically for citizens of Mexico and Canada to work temporarily in the U.S. You must either be a citizen of Mexico or Canada and have a part-time/full-time position offered that aligns under the USMCA agreement. Self-employment is not permitted. The TN is divided into two categories: TN-1 is for Canadian citizens; TN-2 is for Mexican citizens.

Now, if a non-immigrant visa has dual intent, it simply means that you can apply for lawful permanent residence without jeopardizing your non-immigrant status. To get around this rule, you will need to change your TN status to that of a different non-immigrant visa that has dual intent. Here are some common alternatives:

TN to H-1B Visa

The H-1B is the most popular non-immigrant work visa available due to its many benefits and its inclusivity. This six-year visa requires a bachelor’s degree and a U.S. job that requires that degree. It allows the holder to work for any U.S. employer and allows holders to work for multiple employers simultaneously. You can also transfer H-1B status from one employer to another.

Learn about the difference between TN visa vs H-1B visa.

However, there is a catch. The H-1B gets so many petitions each year that the USCIS has imposed an annual cap of just 65,000 visas. To determine which petitions go into processing, there is a lottery in which a computer randomly selects petitions.

Criteria to be considered a specialty H1B occupation:

• Requires a bachelor’s degree or higher or equivalent at a minimum.
• The required degree for the H-1B job is considered typical in the industry.

OR

• The position can only be executed by an individual holding a degree due to its complexity.
• It is usual for the employer to require a degree or equivalent for the position because the skills are so specialized.

Regardless, the H-1B is likely going to be your best bet when it comes to adjusting your status from a TN visa to a green card.

BREAKING NEWS: There is a new $100,000 fee for new H-1B petitions filed after September 21, 2025, which employers are subject to pay. 

Read more

TN to L-1 visa

The L-1 visa is also a good alternative to the TN, but not a perfect one. It allows multinational companies to send their managers, executives, and specialized employees to their locations in the U.S. There is no annual cap or lottery, and there is no education requirement, making it an ideal option in light of the H-1B. Additionally, an employer can file one petition for multiple L-1 visas at the same time, making it cheaper for the employer.

However, the L-1 is an employee transfer visa, meaning that you must be an employee of a multinational company to take advantage of it. You need to have been an employee in the overseas branch for at least one year in the three years preceding your L-1 petition. Here is an example of where it would work if you had a TN visa:

Diana is an architect from Mexico who is working as TN nonimmigrant in the U.S. for her multinational agency that has a branch in Texas. She only started in the Texas branch a year ago, so she can ask her agency to petition for an L-1B visa for employees with specialized knowledge. Technically, it would count as a transfer from the Mexican branch to the U.S. branch and she would then have a dual intent visa.

TN Visa Cost

For Canadians applying at the border:

There is a $50 plus $6 I-94 fee that must be paid.

For Mexicans applying at a U.S. embassy/consulate:

There is a visa application (DS-160) fee of $185, and a reciprocity fee of $70 for a 12-month visa or $357 for a 48-month visa.

Tip: Did you know that Canadian citizens can apply for TN status at a U.S. port of entry? Unlike Mexican citizens, who are required to have the TN visa ahead of time, Canadian citizens can apply at the port with the required documentation presented to a U.S. Customs and Border Protection officer.

TN to Green Card Frequently Asked Questions