Changing to TN Status from H-1B, F-1 or Another Visa
By Kyle Farmer, Farmer Law PC, Austin, Texas.
Last reviewed: November 9, 2026.
Short answer: If you’re a Canadian or Mexican citizen already in the United States in another valid status, such as H-1B, L-1 or F-1, a U.S. employer can ask USCIS to change you to TN by filing Form I-129. You must be maintaining your current status when it files. Another route is to travel and apply for TN at a port of entry or consulate.
If you’re a Canadian or Mexican citizen in the U.S. on another visa and have a TN-eligible job offer, or an employer hiring one, book a free 15-minute intro call.
Two ways into TN status
TN status lets citizens of Canada and Mexico work in the United States in listed professions under the United States-Mexico-Canada Agreement (USMCA). The law is INA 214(e), and the rules are in 8 CFR 214.6. If you’re already here, there are two ways to get TN status:
- Change of status inside the United States. The employer files Form I-129 with USCIS asking to change your status to TN (8 CFR 248.3(a); USCIS Form I-129 page).
- Travel and apply. You leave the United States and apply for TN: Canadians with CBP at a port of entry or preclearance station, and Mexicans for a TN visa at a U.S. consulate first (8 CFR 214.6(d)). See TN at a port of entry vs a U.S. consulate.
Which route fits depends on your current status, travel plans, timing and whether you need to keep working without a gap.
Who can change status to TN in the U.S.
Under 8 CFR 248.1(a), a person lawfully admitted as a nonimmigrant who is continuing to maintain that status may apply to change to another nonimmigrant classification, with some exceptions. For TN, that means:
- You must be a citizen of Canada or Mexico. Permanent residence in Canada or Mexico is not enough (9 FAM 402.17-2).
- You must be in valid status when the employer files. A change of status generally cannot be approved if you failed to maintain your status or it expired before filing. USCIS can excuse a late filing only if the delay was due to extraordinary circumstances beyond your control and you otherwise meet the rule’s conditions, such as not having violated your status and not being in removal proceedings (8 CFR 248.1(b)).
- The job must fit a TN profession, and you must meet its credential rule (8 CFR 214.6(c)). See our TN visa career categories and jobs list.
Common starting points
- From H-1B. Some H-1B workers move to TN for a new job or after their H-1B time runs low. H-1B allows dual intent and TN does not, so timing matters if a green card process is underway (see below).
- From F-1 or OPT. Canadian and Mexican graduates can move to TN during OPT, or before their F-1 status ends, for a job that fits a TN category. The TN job must still be a listed profession with the right credential.
- From L-1. A Canadian or Mexican L-1 worker changing employers may move to TN with the new employer if the job fits.
- From TN to TN. Changing or adding a TN employer is not a change of status. It is a new employer filing or readmission. See TN renewal and changing employers.
While the change of status is pending
- Don’t travel without a plan. If you leave the United States while a change of status is pending, USCIS treats the change of status as abandoned (8 CFR 248.1(f)). You can still apply for TN at the border or a consulate, but that is a different path.
- Your current status rules still apply. Until USCIS approves the change, keep to the work rules of your current status. TN work generally starts once the TN is approved.
- If your current job has ended, you may be in a period of up to 60 consecutive days, once per validity period, in which you are not out of status for that reason alone. You cannot work during it, and you can file a change of status in that time if otherwise eligible (8 CFR 214.1(l)(2), (3)).
- After approval, Mexican citizens need a visa to travel. A USCIS approval changes your status but does not put a TN visa in your passport. To return after a trip abroad, a Mexican citizen generally needs a valid TN visa from a U.S. consulate (8 CFR 214.6(d)(1), (h)(2)).
TN and green card plans
TN is a temporary status. You must show the assignment will end at a predictable time and that you will leave when it ends (8 CFR 214.6(b)). State’s manual adds that a future intent to immigrate that is not connected to the immediate trip does not by itself make the trip non-temporary (9 FAM 402.17-7). Even so, moving from H-1B, which allows dual intent, to TN while a green card case is pending needs careful planning. Talk with us before you file.
How a change of status compares with travel
| Change of status (USCIS) | Travel and apply (CBP or consulate) | |
|---|---|---|
| Where | Filed by the employer with USCIS | Port of entry or preclearance (Canadians); consulate, then port (Mexicans) |
| Travel | No travel while pending | Requires leaving the U.S. |
| Main risk | Abandoned if you leave while pending | A refusal abroad can interrupt work plans |
Stay, renewals and limits
- Up to 3 years per admission (8 CFR 214.6(e)).
- No total limit on years in TN status while each stay remains temporary (8 CFR 214.6(h)(1)(iv); 9 FAM 402.17-9).
- Temporary entry. You must show the assignment will end at a predictable time and that you will leave when it ends (8 CFR 214.6(b)).
- No self-employment. TN does not cover work for a company of which you are the sole or controlling owner (8 CFR 214.6(b)).
See TN renewal and changing employers for later steps.
How Farmer Law PC helps
Our attorneys help Canadian and Mexican workers and their U.S. employers choose between a change of status and travel, check the TN category and credential fit, plan around green card timing and prepare the Form I-129 filing.
FAQ
Can I change from H-1B to TN without leaving the U.S.?
Yes. A U.S. employer can file Form I-129 with USCIS to change your status to TN, if you are a Canadian or Mexican citizen maintaining H-1B status and the job fits a TN profession.
Can I change from F-1 OPT to TN status?
Yes, if you are a Canadian or Mexican citizen in valid status and the job fits a TN profession. The employer can file Form I-129 with USCIS, or you can travel and apply for TN.
What happens if I travel while my change of status to TN is pending?
USCIS treats the change of status as abandoned if you leave the United States while it is pending. You would then need to apply for TN at the border or a consulate.
Can I change to TN if my current status has expired?
Generally no. A change of status usually requires that you are maintaining your current status when the employer files, with narrow exceptions for extraordinary circumstances.
Does a pending green card case affect a change to TN?
It can. TN is temporary and requires an intent to leave when the assignment ends, so changing to TN while a green card case is pending needs careful planning first.
Talk with us
If you’re a Canadian or Mexican citizen in the U.S. on another visa, or an employer hiring one, book a free 15-minute intro call with one of our attorneys, or call (512) 588-5909.
