The TN Visa, under the United States-Mexico-Canada Agreement (USMCA), offers Canadian and Mexican citizens the opportunity to work in the U.S. in certain professions. A notable development occurs when an employer decides to transition this temporary employment into a permanent role, leading to U.S. permanent residency (green card) sponsorship. We highlight a case where we successfully assisted a Canadian Recreational Therapist in this transition through the PERM process.
The Journey from TN Visa to Green Card
Our client, a Canadian citizen, was working in the U.S. under TN Visa status as a Recreational Therapist specializing in musical therapy. After five years of service, due to the unique nature of the position and the employer’s challenge in filling the role locally, they offered permanent employment to the client and initiated the green card sponsorship process.
The PERM Process
The first step was conducting a successful recruitment campaign to meet the requirements of the PERM (Program Electronic Review Management) process. We guided the employer through this campaign and the subsequent submission of the ETA 9089 Application for Permanent Employment Certification to the U.S. Department of Labor (DOL). This demonstrated that no willing, able, and qualified U.S. citizens were available for the position, paving the way for our client’s eligibility for permanent residency.
Approval of the I-140 Petition
Following the DOL’s approval of the ETA 9089, the employer filed the I-140 Petition for Alien Worker with U.S. Citizenship and Immigration Services (USCIS). The petition was quickly approved, signifying a critical milestone in the client’s path to permanent residency.
Filing USCIS Form I-485
With the approved I-140 Petition, our client was then eligible to file USCIS Form I-485, the Application to Register Permanent Residence or Adjust Status. This final step in the green card process was successfully completed, granting our client U.S. permanent resident status.
Future Path to Citizenship
As a new permanent resident, our client is now on the path to U.S. citizenship, eligible to apply in five years, should they choose to do so.
Conclusion
This case exemplifies the intricate journey from a TN Visa to a green card, highlighting the importance of precise execution of the PERM process and the I-140 Petition. For foreign nationals under TN Visa status considering permanent residency, this story provides a roadmap and hope for a successful transition.
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If you have any questions regarding TN Visas or Green Card. We invite you to reach out to our team at Richards and Jurusik for detailed guidance and assistance. Our goal is to provide you with 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. Read some of our hundreds of 5-star client reviews! Contact us today for an assessment of your legal situation.