TN Visa To Green Card
A TN Visa is just one of the many legal ways to live and work in the US temporarily. It is a nonimmigrant Visa that was specifically designed for the Citizens of Canada and Mexico to work in the U.S. provided that they have a certain occupation. People that employ TN Visa holders can apply for a Green Card on behalf of their employees. However, they will have to prove that giving the employee a Green Card will not hurt the U.S. labor market. The whole process from a TN Visa to a Green Card is actually similar to the H1B to Green Card Process.
TN Visa To Green Card Process
The first step in this process is the PERM Labor Certification with the U.S. Department of Labor (DOL). An immigration lawyer needs to explain to DOL what position the TN worker intends to fill. This also involves accurately describing the job requirements and job duties of that position. That information is then used by DOL to set the minimum salary for the job.
To prove that no U.S. citizen can fill that position, the employer has to follow an established recruitment process in search of a U.S worker for the job. If there is no U.S. worker who is qualified or willing to fill that position, then DOL will certify that giving a Green Card to the TN worker will not hurt the US labor market. They certify this using ETA form 9089, which means the PERM Certification, has been approved.
It also means that the employer can now use form i-140 to file for a Green Card on behalf of the TN worker. The USCIS reviews this form to ensure that the employer can pay the TN Visa holder the salary amount that was specified by DOL during the PERM Certification stage of the TN to Green Card Process. The TN worker then has to file a Form i-485 to change status or to apply for a Green Card. Family members of the TN worker should also apply for a Green card at this time. Once the i-485 is approved, the TN worker will get a Green Card.
How Long Will The Process Take?
There is set number of Green Cards that the USCIS can issue every year. This means that you are likely to wait for longer or shorter periods depending on the number of applicants in a year. If there are a lot of applicants, there will be a backlog and that backlog will lead to mandatory waiting periods. In addition, your country of origin and the preference category you fall under will affect the time period you have to wait. People under the EB2 category typically only have to wait for 1 to 2 months while those under the EB3 preference category have to wait for 6 months. Again you need to consult an immigration lawyer to advise you on the appropriate date you should file your i-485. Your immigration lawyer can also inform you about any changes to the TN to Green Card process made by the government.