For international talent working in the United States, temporary employment visas open the door, but achieving long-term stability requires strategy. While the H-1B visa is famous for its six-year cap, many Canadian professionals on TN status mistakenly assume they have unlimited time to delay green card planning. The reality is that both H-1B and TN workers share the same employment-based permanent residency journey, and delays can jeopardize lawful status and career momentum.
This article explains how the U.S. employment green card process works, why early action matters, and how both H-1B and TN status holders can benefit from proactive planning.
Temporary Work Visas: More Similar Than You Think
The H-1B and TN classifications differ in how long you can legally remain in the U.S., but the path to obtaining a green card is the same. Both must follow the multi-stage employment-based process that leads to permanent residence.
Employers and employees alike must start green card planning long before temporary status becomes limiting.
Understanding the Employment-Based Green Card Path
The permanent residence process for professional workers is sequential. You can’t skip steps, and each phase lays the foundation for the next.
1. Labor Certification (PERM)
Before anything else can happen, the employer must obtain a Labor Certification from the U.S. Department of Labor. This shows that the job is real and that no qualified U.S. workers were available after the required recruitment.
Without PERM approval, the case cannot move forward.
2. Immigrant Petition (I-140)
After PERM, the employer files Form I-140 with U.S. Citizenship and Immigration Services. This petition:
- Confirms the job category (e.g., EB-2, EB-3)
- Demonstrates the employer’s ability to pay the offered wage
- Secures a priority date, which is essentially your place in line for a green card
Priority dates matter because they determine when you can take the final step.
3. Adjustment of Status (I-485)
The final phase is filing Form I-485, your green card application. You can only file this when your priority date becomes current according to the Department of State’s Visa Bulletin.
Because backlogs exist, many professionals wait years, sometimes more than a decade, before this final step is available.
TN Professionals: Don’t Be Misled by Unlimited Renewals
One of the biggest myths affecting Canadian TN workers is the idea that indefinite renewals mean you can postpone green card planning forever. That’s simply not true.
While TN status allows repeated extensions without a statutory time limit, it still does NOT:
- Guarantee a green card
- Give priority over others in the queue
- Eliminate the need to file PERM and I-140 early
In fact, delaying your green card process can make travel, visa renewals, and future plans more complicated, especially as priority dates retrogress or remain stagnant for years.
Why Backlogs and Priority Dates Matter
Your priority date is assigned when the PERM application is filed. Once established, it becomes your place in line, whether you’re on H-1B or TN status.
For example, some EB-2 categories for professionals born in high-demand countries may not be able to file an I-485 for years after I-140 approval. These lengthy waits make early filing essential in order to:
- Preserve eligibility for H-1B extensions under AC21
- Secure a priority date that won’t be lost
- Minimize the risk of gaps in lawful status
The H-1B Six-Year Limit and AC21 Extensions
For H-1B holders, the six-year maximum often drives urgency:
- If PERM is filed at least 365 days before the end of year six, you may be eligible for one-year extensions.
- Once the I-140 is approved with an uncurrent priority date, three-year extensions are possible.
Repeated renewals under AC21 allow H-1B workers to remain in the U.S. during long waits, but only if key filings are made in a timely way.
TN professionals do not have a six-year cap. Still, they can also benefit from early filings to avoid complications as priority dates move (or don’t move) in the Visa Bulletin.
Real-World Delays: Why Time Is Not on Your Side
Processing times for PERM and the related prevailing wage determinations have grown substantially. Current trends show:
- Prevailing Wage Determinations take multiple months
- PERM adjudication stretching over a year or more
- Potential for even longer delays when audits occur
These factors make it harder for professionals, especially those on H-1B visas, to meet AC21 milestones without early planning.
Policy Changes That Affect Planning
A 2025 Presidential Proclamation introduced a $100,000 fee for H-1B visa processing through U.S. consulates abroad. This change has significant implications for late-stage strategies that once relied on consular processing after a status expiration.
While this fee does not apply to TN status, the broader takeaway is clear: **waiting to initiate the green card process can eliminate previously viable options.**
What You Should Do Now
For professionals on H-1B or TN status, early green card planning is **not optional, it’s strategic career planning**. Taking action now can:
- Preserve lawful status
- Reduce risk during long wait times
- Create flexibility for travel, job changes, and family planning
Given the complexity of U.S. immigration policy and rapidly evolving rules, working with an experienced immigration attorney can make all the difference.
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We Can Help!
If you have questions regarding H-1B Visas or Green Cards, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
