TN Visa to Green Card Through an Employer

Qualified TN visa holders are able to go to a green card (US permanent residence) through sponsorship from a US employer. This is typically done through Program Electronic Review Management (PERM) with the US Department of Labor (DOL). The following categories apply to the PERM process:

  1. Employment-Based Immigration: First Preference EB-1The EB-1 category is reserved for aliens of extraordinary ability, outstanding professors or researchers, or are an L1A multinational executive or manager.
  2. Employment-Based Immigration: Second Preference EB-2The EB-2 category is for professionals holding an advanced degree or its equivalent, or a foreign national who has exceptional ability.
  3. Employment-Based Immigration: Third Preference EB-3 – The EB-3 category is for skilled workers, professionals, and other qualified workers.
    1. “Skilled workers” are persons whose jobs require a minimum of 2 years of training or experience, not of a temporary or seasonal nature. The skilled worker must meet the educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.
    2. “Professionals” are persons whose job requires at least a U.S. baccalaureate or foreign equivalent degree and are a member of the professions.
    3. The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years of training, education, or experience, not of a temporary or seasonal nature.

TN Visa to Green Card Through an Employer

If you are in the United States on a TN Visa and you fall into one of the above lists categories, you may qualify to go directly from a TN visa to a green card through employment. You should seek advice from an attorney that has experience with the TN visa to green card process before attempting to obtain a green card while on a TN visa.

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