Can I change from TN to H-1B within the US?

When considering opportunities to change immigration status, it is crucial to understand the rules and particularities of each visa. Many wonder if it is possible to transition from a TN visa to an H-1B visa while inside the United States.

Broadly speaking, the change of status from TN to H-1B is feasible but requires attention to specific details and demands. The TN visa, intended for citizens of NAFTA (now USMCA) countries working in qualified professions, does not allow ”dual intent,” meaning it does not permit the simultaneous demonstration of intent to pursue permanent residency. The H-1B visa, on the other hand, is considered a dual intent visa, allowing the holder to have plans for residency in the country.

This difference can raise legal questions during the change of status process, since the applicant must demonstrate strict compliance with the conditions of their current visa while awaiting approval of the new one. Another important point is that the change of status procedure involves a petition filed by the employer, who must meet all requirements established by the United States Citizenship and Immigration Services (USCIS).

Additionally, it is essential to respect deadlines and maintain compliance with immigration laws throughout the transition. In some cases, the change of status is done without the applicant needing to leave the country, but this depends on individual circumstances and the correct submission of documents.

Finally, it is always advisable to consult professionals specialized in immigration and avoid relying on information from unofficial sources or promises of guaranteed results. Each case has its particularities, and compliance with current regulations is indispensable for a safe and smooth transition. Following the rules established by the United States government is fundamental to maintaining legal status and avoiding future immigration issues.

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.