We recently had an TN visa holder successfully convert from a TN visa to EB1C green card through employment.
The TN visa holder achieved a direct transition to an EB1C green card despite being on a TN visa for Management Consultant for several years. The United States Citizenship and Immigration Services (USCIS) approved the green card in two months after a Request for Further Evidence. The case was filed with premium processing. After USCIS approved the EB1-C, the TN visa holder obtained the green card through adjustment of status while in TN status.
In this article, we discuss how to go from TN visa to EB1C green card and key takeaways.
TN visa to EB1C green card
This success story highlights an often overlooked route for TN visa holders seeking permanent residence in the United States through employment.
The key takeaways in converting an TN visa to EB1C green card are:
- Direct TN visa to green card conversion. Contrary to misconceptions, you do not need to change to an L1 or H1B visa to qualify for an EB1C green card. You can qualify for an EB1C green card with a TN visa or any other nonimmigrant visa.
- TN visa profession irrelevant. The specific profession you hold a TN visa for, such as economist, management consultant, engineer, accountant, etc., doesn’t affect your eligibility for EB1C green card.
- Long-term TN status is irrelevant. Even after years in TN status you can convert to green card as long as you meet the EB1C requirements.
- Simple Process. USCIS can approve the EB1C application in as little as 45 days or less with premium process. In our case, the EB1C green card application was approved within 2 months with premium processing, after providing additional evidence.
- Small-Scale Operations. Notably, company’s operations in the United States can be relatively small, demonstrating that this EB1C green card route has applicability beyond large businesses. This highlights a valuable avenue for TN visa holders seeking permanent residency through employment, regardless of their company’s size.
EB1C green card
The EB1C green card category is available to multinational executives and managers. The EB1C is an attractive option because there is no PERM labor certification required, the processing time is short and most applicants can concurrently file for adjustment of status.
To qualify, you must have worked for the company abroad as a manager or executive for at least 1 year in the past 3 years. Additionally, the company must have operations in the United States and at least one other country. Learn more about all the EB-1C requirements by visiting our EB1C visa page.
To learn more about changing jobs in the US while EB-1C is pending visit EB1C Change of Job or Employer. To learn more how to apply for EB-1C without L-1 visa, visit Can I Apply for EB-1C without L-1 page.
How to go from TN visa to EB1C green card?
The process to convert a TN visa into green card is a two-step process:
- EB1C petition approval. USCIS must approve an I-140 petition demonstrating your eligibility for EB1C.
- Green card application. Once USCIS approves your petition, you must apply for immigrant visa at a US Consulate abroad (Consular Processing), or for Adjustment of Status to permanent resident within the United States.
Consular Processing
If you are in the United States with a TN visa and you have an approved EB1C petition, you can apply for your green card through Consular Processing at a US Consulate in your home country.
You must attend an interview at the Consulate to verify your eligibility. If approved, you receive an immigrant visa to travel to the United States.
After lawful permanent resident admission at port, green card will be mailed within weeks.
Adjustment of status
If you are in the United States in TN status, you are eligible to convert your TN visa status to green card directly with USCIS through a process called Adjustment of Status.
After USCIS approves the adjustment of status, they will mail the green card within weeks.
Please note that successfully transitioning from TN visa to green card via adjustment of status requires careful consideration due to the “intent to depart” requirement of your TN status and employment history.
To ensure a smooth transition to green card through adjustment of status, consult an experienced immigration lawyer.
Malescu Law can assist
Contact our experienced immigration lawyers in Miami, Florida, USA to discuss converting your TN visa to green card. Schedule an appointment for your immigration case and find out more about the EB-1C process.
Our best EB1-C lawyers in Miami, Florida USA discuss EB-1C for multinational companies and owners of multinational companies.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Legal Notice: The information provided in this article constitutes the author’s conclusions and opinions developed in the author’s capacity as a Board Certified attorney, licensed in the State of Florida. The author and this website expressly prohibit the use of this material, including any of our audio, video, chat, images, text or other information provided to train any artificial intelligence (AI) models or to be used or transmitted by such AI models in any form without the prior written permission of the author.
Malescu Law P.A. – Business & Immigration Lawyers
