TN Status + Green Card 2026: Will Your Immigrant Petition Cancel Your TN Visa?

A common concern among TN visa holders whose employers are sponsoring them for permanent residence is whether initiating the green card process will immediately invalidate their current nonimmigrant status. According to Murthy Law Firm, the answer is no — filing a PERM labor certification or Form I-140 immigrant petition does not terminate valid TN status by itself. However, TN classification carries a fundamental legal requirement: the holder must demonstrate temporary, nonimmigrant intent. Pursuing a green card creates an inherent conflict with this requirement, a legal concept known as 'dual intent.' Unlike H-1B status, which explicitly allows dual intent by statute, TN status does not. This means that while existing TN status is not automatically revoked upon filing, complications can arise at critical points such as re-entry at the U.S. border, consular visa stamp renewal abroad, or when filing a new TN petition or extension. A CBP officer or consular officer may question whether the applicant's intent remains truly temporary. For EB-3 workers on TN status, the practical implication is that travel outside the United States should be carefully timed and planned, ideally in consultation with an immigration attorney. Re-entering on TN after an I-140 approval, for instance, can raise admissibility concerns. Workers in this situation are advised to document the temporary nature of their current role, understand the risks before international travel, and consider whether advancing to an H-1B or other dual-intent visa category might offer greater stability during the green card process.