Reddy Neumann Brown PC is proudly Houstonian. This wonderful city is immensely blessed by a diverse population from around the world. Home to a thriving energy sector, major financial institutions, and with strong ties to both Canada and Mexico, we have the privilege of working with engineers, accountants, IT specialists, and other highly skilled professionals as our neighbors to the north and south.

The TN visa is specifically for Canadian and Mexican passport holders. For these individuals, the path to permanent residency is often crucial not only for career growth but also for long-term stability for their families. By dispelling the myth that “you cannot apply for a green card on a TN visa,” professionals can better plan their futures. With the right strategy, it is possible to transition from a TN visa to permanent residency without violating the immigrant intent rule or jeopardizing re-entry.

Understanding the General Green Card Process

Whether you are on a TN visa or another nonimmigrant visa, it helps to understand the three-step green card process for most employment-based cases. First, for employer-sponsored petitions, the company must file a Form ETA 9089 (PERM Labor Certification) with the Department of Labor to establish that no willing, qualified, or available U.S. workers exist for the offered position. Once that certification is approved, the employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS to demonstrate that the foreign worker meets the qualifications for the role and that the company can pay the required wage. Finally, the foreign worker files Form I-485 (if inside the U.S.) or Form DS-260 with a consulate abroad to complete the process. This final step is what actually grants lawful permanent residency and issues the green card.

Not all applicants need to go through PERM. Certain professionals may self-petition under the EB-1A extraordinary ability category or the EB-2 National Interest Waiver category. These paths allow the applicant to skip the labor certification and proceed directly to filing the I-140. Once the I-140 is approved, they can then file the I-485 if they are in the U.S. or complete consular processing abroad. For TN visa holders who qualify, these categories offer a faster and more flexible route to permanent residency.

The Immigrant Intent Rule Explained

The single most important legal concept TN visa holders must understand is the immigrant intent rule. U.S. immigration law divides visas into two categories: singular intent and dual intent. Singular intent visas, such as the TN visa, F-1 student visa, and B-2 tourist visa, require applicants to maintain the intent to return to their home country after their authorized stay ends. Dual intent visas, such as the H-1B and L-1, allow individuals to lawfully pursue permanent residency while continuing to maintain their nonimmigrant status.

Because the TN visa falls under the singular intent category, many TN professionals mistakenly believe they cannot file for a green card at all. In reality, it is possible, but it requires careful planning to avoid signaling immigrant intent prematurely. The timing of filings and the strategy chosen for the green card process are critical to ensuring compliance with this rule.

The 90-Day Rule and Its Impact on TN Holders

Much of the confusion around applying for a green card while on a TN stems from the 90-day rule, a guideline used by the U.S. Department of State and often applied by USCIS. The rule states that if an individual enters the U.S. on a visa requiring nonimmigrant intent and, within 90 days, takes an action inconsistent with that intent—such as filing Form I-485, marrying a U.S. citizen, or otherwise signaling permanent intent—officers may presume the individual misrepresented their intent at entry.

While this presumption can be rebutted with sufficient evidence, doing so is complex and risky. For TN professionals, the safest practice is to avoid filing either an I-140 or an I-485 within 90 days of entry. Filing a labor certification or even an I-140 generally does not create problems under the immigrant intent rule, but filing an I-485 is the point where immigrant intent is clearly expressed. Careful timing helps prevent misrepresentation issues that could derail a case.

Filing Strategy: Consular Processing

A highly effective strategy for TN visa holders pursuing permanent residency is to file the I-140 immigrant petition with a request for consular processing rather than adjustment of status. By doing so, the applicant essentially communicates to USCIS: “I am not seeking to remain in the U.S. permanently at this moment. When the time comes, I will attend my immigrant visa interview abroad.”

This approach provides two major benefits. First, it allows the TN visa holder to continue maintaining singular intent while the petition is pending. Second, it preserves flexibility. If circumstances change and the applicant becomes eligible to file an I-485 in the U.S., it is often possible to switch from consular processing to adjustment of status later without having to leave the country. In effect, consular processing offers a safe pathway that avoids intent conflicts while keeping future options open.

Travel Considerations During the Process

International travel while pursuing a green card on a TN visa must be managed carefully. Travel after filing a PERM labor certification is generally safe, as the labor certification does not trigger immigrant intent concerns. Travel after filing or even after approval of an I-140 is usually not problematic, particularly if the applicant’s priority date is not yet current.

The biggest risk arises after filing Form I-485. At that point, the applicant has clearly expressed immigrant intent. Attempting to depart the U.S. and return on a TN visa can result in being denied reentry, as Customs and Border Protection (CBP) may view the traveler as intending to remain permanently. To avoid this problem, applicants should wait until they have received approval of Form I-131, Advance Parole, before traveling abroad. Advance Parole permits lawful reentry while an adjustment of status application is pending, ensuring the green card process is not abandoned.

Practical Guidelines for TN Professionals Seeking Green Cards

TN professionals should approach the green card process with a strategic mindset. There are several key guidelines to keep in mind. Do not file an I-140 or I-485 within 90 days of your most recent TN entry. When filing an I-140 while on a TN, request consular processing to avoid signaling immigrant intent prematurely. Avoid international travel after filing an I-485 until Advance Parole has been granted. Work closely with an experienced immigration attorney to ensure that filings are timed appropriately and strategies are tailored to your specific circumstances.

Final Thoughts: Green Cards Are Possible for TN Holders

The belief that TN visa holders cannot apply for green cards is one of the most persistent myths in U.S. immigration law. In reality, thousands of TN professionals transition to permanent residency each year, but success depends on respecting the immigrant intent rule, navigating the 90-day rule, and strategically choosing between consular processing and adjustment of status.

For professionals in Houston and across the U.S.—particularly engineers, accountants, and IT specialists from Canada and Mexico—the ability to move from temporary TN status to lawful permanent residency is often critical for career advancement and family security. With the right planning, guidance, and patience, the green card is not just possible for TN visa holders—it is well within reach.

 If you are a Canadian or Mexican national on TN visa considering your green card process and are looking for a detailed conversation on the how to navigate your immigration realities, I invite you to schedule a consultation here.

By: Ryan A. Wilck, Partner and Attorney at Law

Ryan Wilck is a Managing Partner and attorney at Reddy & Neumann, P.C. with over a decade of US immigration law experience, enthusiastic and proactive in his approach assisting clients and their employees through the various phases of the permanent residency a/k/a Green Card process. “Concilio et labore” is not only the motto of Ryan’s favorite sports club but is also his life’s motto; all things come through wisdom and effort. Ryan is passionate about gaining the trust of his clients by utilizing a relentless and detail-oriented approach to understand their specific goals and concerns, hoping to instill a sense of confidence and stability. Whatever your immigration problem or interest, he and his team will find a solution, through wisdom and effort. Reddy & Neumann, P.C. has been serving the business community for over 20 years and is Houston’s largest immigration law firm focused solely on employment-based business immigration. We work with employers and their employees, helping navigate the complex immigration process efficiently and cost-effective.

 We are committed to assisting our clients with navigating the complex PERM Labor Certification (ETA 9089 and other challenging immigration matters as an accomplished immigration law firm in Houston, Texas. Our team is here to offer the direction and support you require, whether you’re a company trying to hire top talent or a foreign worker seeking to develop a career in the United States. To find out more about how we can help you with your immigration issues, get in touch with us right away.