The TN visa is a work visa for professionals from Canada and Mexico. Many TN visa holders don’t realize they can get a green card. This leads to missed opportunities for long-term life in the U.S1.
This guide will show you how to go from a TN visa to a green card. You’ll learn steps like the PERM labor certification, I-140 petition, and status adjustment. We’ll guide you through every important stage on your way to a green card1.
Whether you’re new to the TN visa or have had it for a while, this article will help. It provides knowledge and insights to change your status to permanent residency. Discover hidden opportunities and ways to overcome challenges faced by TN visa holders2.
Introduction to the TN Visa
The TN visa lets Canadian and Mexican citizens work in the U.S. for certain jobs3. It was created under NAFTA to make it easier for business professionals to move between the U.S., Canada, and Mexico. Holders can work for up to three years and extend it as needed4.
What is a TN Visa?
This visa is for qualified Canadians and Mexicans to work in the U.S. in select jobs. They need a job offer in one of these positions. And must have the right credentials3. They work only for the company that sponsors their visa. When they change jobs, they must reapply for the visa with the new employer4.
TN Visa Requirements
To get a TN visa, they must fit these points:
- Be a citizen of Canada or Mexico
- Have a job offer from a U.S. employer in an approved TN job
- Have the right degree or work experience for the job
- Show they plan to go back home after their time in the U.S.
The process includes getting a job offer and the right documents. They apply when they enter the U.S. or at a pre-flight check place3. They can extend the visa every three years. But, it might be turned down if there’s not enough information, or they don’t meet all requirements4.
Working with an immigration lawyer can help TN visa holders plan their next steps carefully. This is especially important if they want to get a green card later on. Knowing how to move from a TN visa to a green card is very important4. It’s the next big step for those who want to stay in the U.S. permanently3.
“The TN visa is a great option for Canadian and Mexican professionals who want to work in the United States, but it’s essential to navigate the complex transition to permanent residency carefully.”
Transitioning from TN Visa to Green Card
The TN visa is great for Canadians and Mexicans wanting to work in the United States temporarily. It’s a special visa that doesn’t automatically lead to a Green Card5. Yet, people with a TN visa can find ways to become permanent residents.
To get a Green Card from a TN visa, you mainly need an employer’s support. You start with a PERM certification, then an I-140 petition, and finally, an I-485 form to change your status5. It’s important to plan carefully and follow all immigration rules to succeed.
- Understand the TN Visa to Green Card Process: To move from a TN visa to a Green Card, follow steps like getting a PERM certification, an I-140 petition, and an I-485 form56.
- Maintain TN Visa Status: While applying for a Green Card, it’s crucial to keep your TN visa valid5.
- Consider Alternative Visa Options: Looking into other visas, like the L-1 or H-1B, might help with your Green Card process7.
- Seek Professional Assistance: When dealing with shifting from a TN visa to a Green Card, getting help from immigration lawyers and officials is wise6.
Moving from a TN visa to a Green Card can seem complicated. But, with the right steps and sticking to the rules, TN visa holders can make it to permanent residency56.
“The USCIS has varying processing times for the ETA form 9089, which can range from six months to two years.”5
It’s key to remember, the time and steps to change from a TN visa to a Green Card can change. This is based on your situation and any new immigration laws56.
Also Read EB-1C Green Card: The (Relatively) Affordable Fast Track You Didn’t Know About
PERM Labor Certification Process
The PERM labor certification is vital for TN visa holders wanting a green card8. Employers must show that no qualified Americans can fill the job. They also need to prove that hiring a foreign worker won’t harm American workers’ pay or conditions89.
Understanding the PERM Process
The PERM process is not quick, taking 12-18 months8. Employers have to try to find U.S. workers by advertising the job. After filing, the Department of Labor will decide to agree or not to the labor certification.
Filing the PERM Application
To start the PERM process, employers must submit the ETA-9089 form9. There are rules about not letting employees pay for the application8.
| PERM Process Key Statistics | Details |
|---|---|
| Minimum Recruitment Time | Approximately 60 days8 |
| I-140 Petition Processing Time | Typically 4-6 months, with “premium processing” available in 15 calendar days for an additional fee8 |
| I-485 Processing Time | Around 6 months, with an Immigrant Visa Application processed abroad at a U.S. consular post taking 6-9 months8 |
| Priority Date Backlog | Upwards of 10 years for certain countries like India or China due to quota backlogs8 |
| PERM Labor Certification Requirement | Roughly 90% of employment-based green card applications need a Labor Certification from the U.S. Department of Labor10 |
The PERM labor certification is a huge part of applying for a green card for TN visa holders. Knowing the process helps guide through the complexity of it8109.
“The PERM labor certification process ensures that there are no qualified American workers available for the job that a foreign national is being sponsored for.”
tn visa to green card
The path from a TN visa to a green card is challenging but doable with some steps. These steps are best handled with care. A key note is to ensure the stay in the US is seen as temporary7. Moving from a TN visa to L-1, H-1B, or E1/E2 visas is allowed. Yet, it’s good to know the TN visa doesn’t support self-employment. Also, you can’t apply for permanent residency while on a TN visa5. It’s wise to wait six months in the U.S. before starting the Green Card process. This is because the Department of Labor’s response can take from six months to two years.
7 The TN-1 visa is for Canadians, while the TN-2 is for Mexicans5. The I-140 Immigration Petition form costs $700 (USD). The I-485 form fees are $1,140 for adults and $750 for kids under 145. Getting fingerprint data taken at the Application Support Center costs $85 for each person.
7 To get a TN visa, showing nonimmigrant intent is crucial. This means you must prove you don’t plan to stay permanently. However, wanting to stay forever later won’t hurt your TN status11. Processing your case abroad might help. If your green card is available before your TN visa ends, this could prevent issues7. It might be harder for TN visa holders to get a green card because their TN visa doesn’t allow for dual intent like some other visas.
7 TN visa holders can bring their families to the US on TD visas. But, these family members aren’t allowed to work here5. Once your Green Card is approved, your TN visa ends, and you become a permanent resident5. People related to Green Card holders often find it easier to get their own Green Cards.
11 Switching to another nonimmigrant visa might be needed if there’s a long wait for the green card. If your TN visa will expire before you get the green card, consider other visa options5. Each year, the US runs the Diversity Lottery. It aims to bring in 50,000 people from different countries. This is to add to the US’s cultural diversity.
“The journey from a TN visa to a green card is a complex yet achievable process that requires careful planning and compliance with immigration regulations.”
Filing the I-140 Petition
After completing the PERM labor certification, the crucial next step is filing the I-140 Immigrant Petition. This step shows the employer plans to keep the worker. It is vital for the green card process11.
Importance of the I-140
The I-140 approval shows the worker is qualified and has a true job offer. This approval is key for applying for a green card11. An approved I-140 lets those waiting for a green card keep or renew their TN visa temporarily11. Choosing consular processing over adjustment of status can also help avoid issues with immigrant intent, especially if it secures a green card before the TN visa runs out11.
Preparing the I-140 Petition
The employer prepares the I-140 petition by collecting documents like the PERM certification and the job offer. They must pay the filing fee and submit to USCIS12. Having an approved I-140 or I-130 doesn’t mean you can’t get a TN visa. The US Customs and Border Protection says having one doesn’t show you plan to leave, so you can be eligible for a TN visa12.
Preparing the I-140 petition correctly is very important to prevent any application process issues11. If the green card process is slow and the TN visa ends, switching to an H-1B or L-1 visa might help stay legal11.
| Premium Processing for I-140 Petitions | Status |
|---|---|
| Premium processing for Form I-140, Immigrant Petition for Alien Worker | Suspended on July 2, 2007, reinstated on June 29, 200913. |
| Premium processing for E13 multinational executives and managers | Began phasing in on June 1, 202213. |
| Premium processing for F-1 students seeking optional practical training (OPT) and STEM OPT extensions | Started phasing in on March 6, 202313. |
| Premium processing for applicants seeking a change of status to various visa categories, including F-1, F-2, M-1, M-2, J-1, or J-2 | Available since June 13, 202313. |
“Approval of an immigrant petition like I-130 or I-140 does not automatically disqualify an individual from obtaining a TN visa.”
Adjustment of Status (I-485)
Eligibility for Adjustment of Status
After your I-140 petition gets the green light, you can move on to the I-485. This step is key if you want to get a green card14. To be able to change your status, you should be in TN visa status. Also, you need an I-140 approved and a visa number should be up for grabs (according to the Visa Bulletin)14. This process includes handing in more papers, getting your fingerprints taken, and maybe talking with someone from USCIS face-to-face.
If you’re hitched to a U.S. citizen, you’re in luck. You are always counted as ready to get a visa as soon as you apply14. But, some folks might hit a roadblock. This could happen if they didn’t follow all the rules while living in the U.S., worked where they weren’t supposed to, or if they didn’t stay legal since setting foot in the country14.
If you’re on a TN visa and plan to stick around by marrying a U.S. citizen or a permanent resident, good news. You can start your path to a green card15. You’d use Form I-130 to get this going15. Yet, sometimes it’s smoother for certain TN visa folks to go through the embassy for this process15.
You’ll likely get a travel document, called advance parole, within 4 months of applying to stay. An EAD, giving you the OK to work here, should come around then, too15. TN pros need to hang tight for about 3 months after coming to the U.S. before they try to switch their status to permanent. And once you’ve asked for the I-485, forget about trying to get a new TN visa or renewing the old one15. In about a year, if all goes well, you’ll hear that you’re now a lawful permanent resident15.
| Key Eligibility Requirements | Timeframe for Adjudication |
|---|---|
| – Valid TN visa status – Approved I-140 petition – Available immigrant visa number |
– Advance Parole: 120 days – Employment Authorization: 90-120 days – I-485 Approval: Approximately 1 year |
Employment Authorization Document (EAD)
During the process of changing status, TN visa holders can get an Employment Authorization Document (EAD). This document, also known as an I-765, lets them work in the United States while they wait for their green card decision16. Getting the EAD is key to keep working and earning money while moving from a TN visa to being a permanent resident.
Applying for the EAD might take 4-6 months to process16. Despite efforts to speed things up, it’s wise to apply at least 12 months before your TN visa ends. This helps avoid any work permission delays16.
The EAD comes in specific types, like under categories (c)(35) and (c)(36). To be eligible for the (c)(35) category, you need to be in certain nonimmigrant statuses and have an approved Form I-14017. For the (c)(36) category, family members can also seek work permission, which can’t be longer than the principal beneficiary’s17.
Applicants must fill out Form I-765, provide necessary documents, and meet certain standards to qualify17. If you get an EAD due to compelling circumstances, it allows you to work for a year. You can renew it every year if you continue to meet the requirements17.
If a TN visa holder’s status runs out before their AOS application is decided on, they’re not seen as breaking rules. This is to give them legal time to stay while waiting. But, if their AOS is rejected after their visa expires, they might face deportation16.
| TN Visa to Green Card: EAD Eligibility and Processing |
|---|
|
The EAD is very important for those moving from a TN visa to getting a green card. Knowing about who can apply, how to apply, and when, helps TN visa holders. They can smoothly move through this process without interruption in their work permission.
“Obtaining the EAD is an essential step in the TN visa to green card process, allowing individuals to continue working while their permanent residency application is pending.”
Advance Parole (AP) and Travel
For TN visa holders trying for a green card, the Advance Parole (AP) document is key. It lets them travel outside the U.S. without hurting their green card application18. If they have Advance Parole or are in specific visa statuses, they can travel and keep their application valid. This is different from the usual rule that leaving the U.S. would cancel their application18.
Advance Parole is evidence that they can work and leave the U.S. while waiting for their green card. Starting in December 2010, they combined it with the work permit into one document, the EAD/AP “combo card.” This card is for both work and travel authorization18.
- The EAD/AP card normally allows several re-entries to the U.S., usually for a two-year span18.
- If the green card application isn’t finished by the combo card’s expiry, they can apply for a new one18.
- Upon returning under Advance Parole, they face extra questioning at the border. Border officers check if they can enter the U.S. and may ask about their reason for travel. If there are issues, they might not be allowed in and could face removal procedures18.
- Recent rules mean those who leave and come back with Advance Parole won’t face penalties for staying longer than allowed. This helps TN visa holders who might have stayed past their authorized time, avoiding legal issues18.
Still, leaving the U.S. while waiting for the green card can be risky for TN visa holders. Their application might be cancelled, and they might not get back in under their TN visa. In this case, they could need to finish their green card process differently18.
USCIS sometimes approves the work and travel authorization separately rather than as a combo card19. There’s no faster option for Advance Parole processing. Or, if it’s very urgent, they might speed it up19. This quick Advance Parole is just for emergencies and doesn’t last the usual two years19.
Leaving when waiting for Advance Parole could lead to its denial. If they come back, they might have to apply again19. Typically, leaving would mean the application gets denied. Even if it’s approved while they’re away, it might not be valid when they return19.
If someone leaves without this special travel document, their green card application might be cancelled20. Currently, it takes USCIS over six months to process the Advance Parole application for most people20. The normal fee for this document is $575. Yet, if the green card application is pending for certain cases, there’s no charge20.
An Advance Parole is usually good for a year, but trips should be short, generally under 90 days20. However, some visa holders don’t always need this document. If they’re in certain visa types and maintain their status, they might not need to worry about Advance Parole20.
“Advance parole is a crucial document for TN visa holders navigating the green card process. It allows them to travel outside the U.S. without abandoning their pending I-485 application.”
To sum up, the Advance Parole document is vital for TN visa holders on their green card path. It gives them the chance to travel while their green card application is in progress. Knowing how Advance Parole works ensures a successful shift from a TN visa to a green card.
Maintaining Status During the Process
Changing from a TN visa to a green card is a big step. It’s important to keep your TN visa in good shape. You must keep your TN visa up to date, continue working in an approved role, and follow all TN visa rules. This helps you avoid any problems when applying for a green card21.
Staying Compliant with TN Rules
Understanding and sticking to TN visa rules is key as a TN visa holder. Remember, the TN visa is not for folks aiming to stay in the U.S. forever. So, don’t plan to get a green card or stay indefinitely while on this visa21. Coming up with a smart plan to keep working in the U.S. while waiting for your green card is wise21.
- Keep your TN visa current21.
- Keep working in an accepted TN job21.
- Stick to the TN visa rules, which includes not planning to stay forever21.
Being rule-abiding with your TN visa can make the shift to a green card smoother. It helps avoid hiccups21.
“It’s vital to maintain your TN visa status during the green card transition. Getting advice from a skilled immigration lawyer can help you meet all requirements successfully.”
Getting from TN visa to green card can be smooth if you’re strategic and follow the rules. Keeping your TN visa in good standing and obeying its rules lays a good foundation for becoming a U.S. permanent resident212221.
Common Challenges and Pitfalls
Navigating from a TN visa to a green card has many challenges. The PERM labor certification stage is a key obstacle. Many applications don’t move forward because academic degrees from outside the U.S. or Canada are not properly evaluated. This could be because original documents weren’t submitted at first.
Not having the right academic papers might mean you have to reapply for a TN visa. This process is often because original academic documents weren’t provided initially.
Some face issues getting a TN visa. If they don’t include official letters from past employers, their application might be rejected. This is especially true when resumes alone are used, without these letters23. Holding a TN visa is easier if you can show strong connections to your home country. If you lack proof of planning to return home after your U.S. job, your application may not be approved. Also, if your employer support letter is not clear or genuine, your application might be turned down. So, following all immigration guidelines closely is key.
It’s good to know that24 TN status can be extended many times. For Canadians, the first TN visa is for three years, and for Mexicans, it’s just for one year24. TN visa holders can start a green card process while working temporarily in the U.S. They must prove they won’t stay in the U.S. permanently25.
To overcome these obstacles, it’s wise for TN visa holders to work with skilled immigration lawyers. These professionals can help navigate the process to a green card smoothly. They ensure compliance with all rules and work to prevent common issues232425.
“The transition from a TN visa to a green card requires careful planning and attention to detail to avoid potentially costly missteps. Working with a knowledgeable immigration professional can make all the difference in achieving a successful outcome.”
Conclusion
The path from a tn visa to green card may look tough, but many TN visa holders have made it26. Understanding steps like the PERM labor certification and I-140 petition is crucial. These steps help TN visa holders find their way to becoming permanent residents26. With smart planning and the support of an expert immigration attorney, it’s possible to change from a temporary to a permanent status. This change lets them live their U.S. dream26.
The process can be hard, needing a focus not to seem like you want to stay permanently and understanding complex laws27. But, TN visa holders have several paths to a green card. These include support from their employers, family, or winning the Diversity Visa Lottery. These paths give TN visa holders real chances to get their permanent residency26. Seeking help from immigration specialists like the team at Richards and Jurusik boosts their success chances. It also ensures all steps are done the right way26.
Getting from a TN visa to a green card takes patience, smart planning, and knowing the law28. Keeping informed, following the rules, and being proactive helps TN visa holders on this journey. It secures their future in the U.S for the long term26.