Transitioning from TN Visa to Other U.S. Work Visas (H-1B, L-1, or Green Card)
The TN visa, created under the United States-Mexico-Canada Agreement (USMCA), offers a fast and flexible way for Mexican and Canadian professionals to work temporarily in the United States. However, as many professionals establish long-term careers in the U.S., they often seek to transition to visas that offer greater stability or a path to permanent residency.
This article explains how TN visa holders can legally change status to other categories such as H-1B, L-1, or even pursue a U.S. Green Card, and what employers need to know to remain compliant during the transition.
Understanding the TN Visa and Its Limitations
The TN visa allows qualified professionals to work in the United States under specific occupational categories for up to three years per renewal. Although renewable indefinitely, the TN is considered a non-immigrant visa and does not permit “dual intent”—meaning it is not designed for those intending to immigrate permanently.
This creates challenges for professionals who wish to remain in the U.S. long-term or pursue permanent residency through employment.
For companies employing cross-border talent, working with an Employer of Record (EOR) can ensure legal compliance during any immigration transition. Learn more about our Employer of Record services in Mexico.
Transitioning from TN to H-1B Visa
The H-1B visa is one of the most common alternatives for TN professionals who want to stay in the United States while pursuing long-term career opportunities.
Key Differences Between TN and H-1B
| Criteria | TN Visa | H-1B Visa |
|---|---|---|
| Nationality | Only for Mexico & Canada | Open to all nationalities |
| Validity | 3 years, renewable indefinitely | 3 years, renewable up to 6 years |
| Dual Intent | Not allowed | Allowed |
| Cap | No annual limit | Subject to an annual lottery cap |
| Employer Transfer | New employer must file petition | Same rule applies |
Steps to Transition from TN to H-1B
- The U.S. employer files Form I-129 with USCIS requesting a change of status.
- The employer must demonstrate that the position qualifies as a specialty occupation.
- Once approved, the employee receives an I-797 approval notice with updated status.
Because the H-1B has an annual quota, many TN professionals begin planning months before the lottery period opens (typically in March).
Transitioning from TN to L-1 Visa
The L-1 visa is designed for intra-company transfers. It is ideal for TN professionals who work for multinational companies with offices in both Mexico and the United States.
Eligibility for L-1 Visa
To qualify, the professional must:
• Have worked for the foreign branch (e.g., Mexico) for at least one continuous year within the past three years.
• Be transferred to the U.S. as a manager, executive, or specialized knowledge employee.
• Continue working for the same corporate group.
The L-1 visa allows for dual intent, meaning the employee can apply for a Green Card while maintaining valid status.
This path is particularly beneficial for multinational executives or managers seeking long-term career stability in the United States.
Transitioning from TN Visa to U.S. Permanent Residency (Green Card)
Although the TN visa does not allow dual intent, it is still possible to obtain a Green Card by adjusting status through proper legal steps.
Common Paths from TN to Green Card
- Employment-Based Green Card (EB-2 or EB-3):
The employer files a PERM Labor Certification followed by Form I-140 (Immigrant Petition for Alien Worker). - Family Sponsorship:
A U.S. citizen or lawful permanent resident relative may petition for the TN visa holder. - Marriage to a U.S. Citizen:
If the TN visa holder marries a U.S. citizen, they may adjust status to permanent resident through Form I-485.
Important Considerations
Transitioning directly from TN to Green Card requires careful timing. Since the TN visa is a non-immigrant status, filing a Green Card petition too early may be interpreted as immigrant intent, which can lead to denial at renewal or re-entry.
Many professionals transition first to H-1B or L-1 before pursuing permanent residency to ensure full legal compliance.
The Role of Employers and EORs During Visa Transitions
For companies employing foreign professionals, these transitions involve immigration filings, payroll adjustments, and compliance updates.
An Employer of Record (EOR) can:
• Maintain compliant payroll and tax records during status change.
• Coordinate with immigration attorneys for timely submissions.
• Support TN, H-1B, or L-1 employees through contract renewals and documentation updates.
Read more about how EORs simplify global hiring in our article on how to hire remote employees in Mexico legally and efficiently.
External References for Legal Guidance
• U.S. Citizenship and Immigration Services (USCIS): https://www.uscis.gov
• U.S. Department of State – Employment-Based Visas: https://travel.state.gov
• U.S. Customs and Border Protection – TN Visa Information: https://www.cbp.gov
Conclusion
Transitioning from a TN visa to an H-1B, L-1, or Green Card can open doors to long-term stability and career advancement in the United States. However, these transitions require strategic planning, precise documentation, and strict compliance with immigration laws.
Employers can streamline this process by partnering with an Employer of Record that handles legal, payroll, and HR responsibilities across both Mexico and the U.S.
Plan your visa transition with confidence. Contact our EOR team today at /contact.
