TN Visa to Green Card

Your Comprehensive Guide to PERM Residence

Looking to transition from a TN visa to a green card and establish permanent residency in the United States? This guide is for you! Many Canadian and Mexican professionals on TN visas are interested in long-term employment. This comprehensive guide breaks down the TN visa to green card process, including the role of dual intent visas, to help you navigate your path to a green card.

TN Visa to Green Card: A Step-by-Step Breakdown

Transferring a TN visa to a green card follows a well-defined path. Here’s a breakdown of the key steps involved:

Secure Employer Sponsorship

Securing sponsorship from your current U.S. employer is the first crucial step. They’ll initiate the PERM process, demonstrating they couldn’t find a qualified U.S. worker for your specific position.

PERM Labor Certification

This involves obtaining a prevailing wage determination from the Department of Labor (DOL) and completing advertising and supervised recruitment for the position to ensure fair wages are offered and domestic workers are not displaced. Expect these steps of the PERM process to take 15-20 months.

Form I-140 Immigrant Petition

Once the PERM Labor Certification is approved, your employer files Form I-140, petitioning for you as a worker with extraordinary abilities in your field. From this stage forward, TN visas will no longer be renewable as they are non-immigrant visas, and the I-140 Petition establishes immigrant intent. This means TN visa holders should ensure there is sufficient time remaining on the TN visa status to complete the final steps of the green card process. Having an experienced immigration attorney to guide you is crucial here.

Adjustment of Status (I-485)

With an approved I-140 form, you can file Form I-485 to officially adjust your status from TN visa holder to TN visa permanent resident. This may involve an interview and background checks. Qualifying family relatives may also join you to apply for Adjustment of Status (AOS) at this stage. AOS processing times vary from six to 22 months, depending on the adjudicating field office and the specific details of your case.

Green Card Issuance

You’ll receive your green card upon successful application processing, granting you permanent residency in the U.S.

Timeline

The entire TN to green card timeline can take several years, depending on current processing times, your specific situation, and your employment-based visa category.

How Dual Intent Fits Into the TN Visa to Green Card Equation

The TN visa operates under “single intent,” meaning you initially intend to return to your home country. However, we understand that plans change! This is where navigating the TN visa (a non-immigrant visa) and applying for Lawful Permanent Residence (an immigrant visa) becomes essential. While TN visas themselves aren’t dual intent, there are ways to navigate this during the TN visa to green card process:

• Strategic Waiting Period: Generally, waiting at least a minimum of six months after entering the U.S. on a TN visa helps establish your initial non-immigrant intent.

• Maintaining TN Status: Renew your TN visa with strategic timing while the PERM process progresses. This demonstrates you’re adhering to the visa’s terms and helps create work authorization periods that allow you to remain employed throughout the PERM process.

• Separate Filings: Strategically timing the I-140 and I-485 applications can help ensure you don’t need to file a TN renewal after filing an I-140, automatically establishing immigrant intent.