Is it possible to convert the TN to EB-2 NIW without leaving the USA?

It is important to understand that the TN visa is a non-immigrant status intended for professionals from Canada and Mexico, while the EB-2 NIW (National Interest Waiver) is an immigrant visa category that waives the requirement of a job offer, provided that the applicant proves that their activity is of national interest.

Despite the differences between the two, it is possible, in certain cases, to move from a temporary status like the TN to an immigrant status through the EB-2 NIW without having to leave the United States. Generally speaking, the conversion involves submitting an I-140 petition, in which you demonstrate that you have exceptional skills and qualifications and that your work is important to the national interest.

If the I-140 is approved, the next step would usually be to adjust your internal status (through Form I-485) to become a lawful permanent resident. This process can be carried out while you are still in the United States, as long as you continue to maintain a valid status throughout the procedure.

It is crucial to be cautious, because the TN visa was designed for non-immigrants and does not allow for the so-called “dual intent,” that is, the intention to temporarily stay in the country may conflict with the intention to immigrate. However, many professionals succeed in making this transition as long as they demonstrate that the status change is the result of a natural progression in their career and always take the necessary steps to avoid violating United States immigration laws.

It is worth emphasizing the importance of strictly following all immigration rules and regulations. Due to the complexity of this type of process and the constant updates in legislation, it is recommended that you seek information from reliable sources and, if possible, contact specialized professionals in the field for appropriate guidance. This way, you reduce the risk of falling into scams or getting involved in marketing campaigns that promise miraculous solutions but may not comply with immigration laws.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.