TN visa holders from Canada and Mexico can move toward permanent residency in the United States by filing an EB-2 National Interest Waiver petition. This process allows professionals to self-petition for a green card without employer sponsorship or the permanent labor certification that typically binds temporary work visas.
TN status is temporary and non-immigrant, whereas a green card represents permanent residency. While the TN is tied to a specific employer and occupation on the USMCA list, an EB-2 National Interest Waiver (NIW) petition is filed through Form I-140. This form is based on the professional’s proposed work and the benefits to the national interest, not on a specific job offer.
USCIS requires that the petitioner first qualify for the underlying EB-2 category as an advanced-degree professional or a person of exceptional ability in the sciences, arts, or business. The applicant must then satisfy the three-part test established in Matter of Dhanasar. USCIS considers whether the proposed endeavor has substantial merit and national importance, the petitioner is well-positioned to advance the endeavor, and on balance it would benefit the United States to waive the job-offer and labor-certification requirements.
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It is a common misconception that holding TN status automatically qualifies someone for this waiver. The immigration agency evaluates TN holders under the same standard as all other applicants. The current visa category does not factor into the decision, and eligibility depends entirely on the proposed endeavor and the petitioner’s qualifications.
Filing an immigrant petition while in TN status does not automatically end the temporary visa. However, the interaction between a pending I-140 and future TN renewals or international travel requires careful planning. Because TN is a temporary classification, USCIS may review the filing history during a renewal application or request for admission. Applicants should evaluate how Form I-140 fits into their broader case strategy.
When a TN holder files Form I-485 to adjust status, the rules for international travel change. After filing I-485, the person generally must obtain advance parole before leaving the United States. Departing without it will generally cause USCIS to treat the adjustment application as abandoned. Advance parole does not guarantee admission to the United States, but it allows the person to seek parole upon return without abandoning the green card application.
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Concurrent filing of Form I-485 and Form I-140 is available when the applicable Visa Bulletin category is current. This allows the applicant to remain in the U.S. while the petition is processed. However, maintaining valid TN status during this time can be complex. Canadian and Mexican nationals may both file these petitions, but the broader case strategy often depends on visa availability and whether the applicant chooses adjustment of status or consular processing abroad.
Visa availability can shift with each month’s Visa Bulletin. As of the July 2026 Visa Bulletin, the EB-2 category is current under both the Final Action Dates and Dates for Filing charts for applicants chargeable to Mexico and to Canada. A current category means no cut-off date applies, but it does not determine how long the agency will take to complete the case. Applicants should confirm current availability before relying on a specific filing timeline.
Form I-140 processing times vary. Premium processing is available, requiring USCIS to take adjudicative action within 45 business days. Standard processing should be checked using USCIS’s current processing-times tool. It is important to remember that filing or receiving approval of Form I-140 does not grant lawful immigration status or employment authorization. A TN holder must continue to maintain valid status unless another authorized period of stay applies.
