When to Start the PERM Process for TN Visa Holders Moving to a Green Card
Understanding the PERM (Program Electronic Review Management) process is essential for employers sponsoring TN visa holders for a green card. This blog explains when to initiate the process to ensure a seamless transition from TN status to permanent residency.
1. Understanding the TN Visa’s Unique Requirements
Renewable Status: Unlike the H-1B visa, the TN visa (for Canadian and Mexican professionals) does not have a strict time limit and can be renewed indefinitely.
Dual Intent Limitation: The TN visa does not officially allow “dual intent,” meaning holders must take extra care when pursuing a green card to avoid issues with their non-immigrant status.
2. When to Begin the PERM Process
Start Early: It is often advisable to begin the PERM process once the employer and TN employee are committed to pursuing a green card. Because TN visas lack dual intent, timing is crucial to avoid risks to the employee’s current visa status.
Why Timing Matters: The PERM process, including labor certification and the I-140 petition, can take significant time. Initiating early allows flexibility to address any delays that may arise.
3. Key Stages in the PERM Process
- Preparation & Recruitment: The PERM process begins with a recruitment period, where the employer must show that no qualified U.S. workers are available for the position.
- Filing the PERM Application: After recruitment confirms that no qualified U.S. candidates have been identified, the employer submits the PERM application to the Department of Labor (DOL).
- Approval Timeline: Processing times vary, and unexpected delays are expected. Starting early helps avoid potential issues.
4. Benefits of Starting the PERM Process Early
Avoiding Status Risks: TN visa holders should carefully plan their green card path to prevent complications with non-immigrant status, especially when traveling.
Minimizing Delays: Starting early allows time to manage DOL delays and ensures that all steps are completed smoothly.
Conclusion
Starting the PERM process early in the TN visa holder’s employment is key for successfully transitioning to a green card. With strategic timing, employers and employees can work toward permanent residency without disrupting work authorization. For personalized guidance on moving from a TN visa to a green card, contact our experienced team at Richards and Jurusik.
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