Can a TN visa apply for green card

Yes, a TN visa holder can apply for a green card, but the process requires careful planning due to the TN visa’s strict non-immigrant intent requirement. Unlike dual-intent visas such as the H-1B, the TN visa, issued under the USMCA (United States-Mexico-Canada Agreement), mandates that the holder maintain the intent to return to their home country after their authorized stay. This creates challenges for green card applicants, as pursuing permanent residency demonstrates immigrant intent. To navigate this, many TN visa holders switch to a dual-intent visa like H-1B before filing for a green card. Alternatively, they can apply for a green card through consular processing abroad, avoiding complications with maintaining their TN status. Proper legal guidance is essential to ensure compliance with immigration laws and to minimize the risk of issues during the transition.