Published: October 20, 2025
Are you working in the US on a TN status? Under 9 FAM 402.17-2 of the US Department of State Foreign Affairs Manual (FAM), professional-level workers from Canada and Mexico can work for an American or foreign employer in the US through a TN visa.
The authorization for a TN visa is limited to three-year increments. It also requires a prearranged job offer for professional services in a position approved by the United States-Mexico-Canada Agreement (USMCA).
Because of its limitations on the work scope and stability, many TN visa holders consider transitioning to a green card status for a more permanent path to residency. However, doing so involves adhering to several legal and procedural steps.
Below, we’ll explore how securing a US green card works while on a TN visa and what you can do to go through the process as smoothly as possible.
Securing a US Green Card While on a TN Visa
TN visa holders can secure a US green card through two primary pathways: family-based petition and employer sponsorship.
Suppose you get married to a US citizen or lawful permanent resident. You may be eligible to acquire a family-based green card. The process involves filing the Petition for Alien Relative to establish a qualifying family relationship. Depending on your current location, you can apply through consular processing abroad or adjust your status within the US.
On the other hand, an employer can also sponsor and file an employment-based petition on your behalf. It typically requires obtaining a labor certification (PERM), submitting an Immigrant Petition for Alien Worker, and adjusting status within the US or completing the process through a consulate abroad.
Challenges and Considerations to Anticipate
You cannot lawfully have dual intent on a TN visa. That means you cannot enter the US for a temporary purpose and with the intent to become a permanent resident. Instead, you must prove nonimmigrant intent, meaning you live in the US temporarily without abandoning your residence abroad.
The TN visa is subject to the presumption of immigrant intent under Section 214(b) of the Immigration and Nationality Act (INA). As long as you enter on a TN visa with a genuine nonimmigrant intention and comply with other legal requirements, you can pursue permanent residency later.
However, filing an adjustment of status to become a permanent resident within 30 to 60 days of entering the US can raise questions about the intent made at the time of the entry. Thus, ensure you carefully time your submission to avoid jeopardizing your TN visa status and future immigration benefits.
Besides timing, you must document your intent at the time of admission to demonstrate compliance and prevent potential challenges if you decide to seek permanent residency in the US.
Ensure a Well-Crafted and Timely Green Card Application
Switching from a TN visa to a green card status requires strict attention to detail. Since a TN visa requires nonimmigrant intent, the timing of submission is critical to overcoming the immigrant intent presumed in green card applications.
Personalized legal guidance from a Los Angeles immigration lawyer will help ensure compliance and improve your chances of getting a green card approval. Contact our team at ALG Lawyers to start your first consultation.
FAQs on Securing a US Green Card While on a TN Visa
Are there travel restrictions while your green card application is pending?
Your specific visa status affects whether or not you can travel abroad while your green card application is pending. Since the TN visa doesn’t recognize dual intent, you must secure an Advance Parole document to avoid the risks of abandonment and termination of your green card application.
How long does the TN visa-to-green card process typically take?
The time it takes to transition from a TN visa to a green card varies depending on factors such as whether the category is family-based or employment-based. On average, it can take three months or up to a year for marriage-based green cards to be processed. Meanwhile, employment-based green cards can take over a year to complete in most cases.
Should you apply for an extension before the current authorization expires?
Applying for an extension of stay before your current TN visa authorization expires is essential to maintain lawful status in the US. Doing so helps you prevent gaps in your work authorization that can complicate your immigration status.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)