Canadian and Mexican professionals working in the United States on TN visas increasingly want to know how to convert their status to permanent residence.
Immigration law firm Colombo and Hurd has outlined the main employment-based routes available to TN holders seeking a green card.
The two primary tracks are self-petition options and employer-sponsored routes, each with its own filing sequence and timing considerations.
The self-petition track covers the EB-2 National Interest Waiver and the EB-1A Extraordinary Ability category, both of which waive the need for a job offer or labor certification.
The EB-2 NIW applies to those with an advanced degree or exceptional ability whose work carries national importance, assessed under the three-prong test from Matter of Dhanasar.
The EB-1A category is reserved for those at the top of their field, demonstrated through sustained national or international acclaim and at least three of ten USCIS criteria, or a one-time major award.
Premium processing for the EB-1A commits USCIS to act within 15 business days, while the EB-2 NIW premium processing window is 45 business days.
The employer-sponsored track runs through the Department of Labor and its Program Electronic Review Management system, covering EB-2 PERM and Employment-Based Third Preference cases.
As of the July 2026 Visa Bulletin, EB-2 is currently available for both Canadian and Mexican nationals, while EB-3 sits behind a cutoff date.
That availability makes the EB-2 NIW the faster option for many TN holders seeking permanent residence right now, though the bulletin moves monthly and applicants should confirm their category before filing.
A critical consideration for TN holders is protecting their nonimmigrant status throughout the process, as the TN is a single-intent visa category.
Filing a Form I-140 petition while on TN status is permitted, and a pending or approved I-140 alone does not end TN eligibility, according to Colombo and Hurd.
Travel becomes more complicated once Form I-485 is filed inside the United States, because that step reflects intent to remain permanently and triggers specific travel restrictions.
Applicants who leave the country without an approved Advance Parole document while Form I-485 is pending risk USCIS treating the departure as an abandonment of their application.
Some TN holders choose to switch to an H-1B visa before pursuing a green card, because the H-1B allows dual intent and removes the nonimmigrant intent questions that can arise at TN re-entry.
For self-petitioners pursuing the EB-2 NIW or EB-1A, switching to H-1B is often unnecessary, though employer-sponsored applicants may benefit from evaluating that option with counsel.
Timelines vary significantly based on USCIS workload, country of birth, visa category, and whether a Request for Evidence is issued during adjudication.
The EB-2 NIW Form I-140 under standard processing typically takes between 10 and 26 months, while PERM labor certification alone can run between 16 and 23 months.
Colombo and Hurd advises TN holders to settle key decisions early, including whether to pursue adjustment of status inside the United States or consular processing abroad, and whether employer notification is required for their chosen pathway.