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Expert James, Immigration Attorney
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Filing for green card while on TN-Visa

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Filing for green card while on TN-Visa
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I see a statement, but I do not see a specific immigration question here. Can you please clarify what your question is?
Customer: replied 3 years ago.

Can employer file Canadian citizen's green card while on TN-visa? What category would that happen and what is the wait time?

Hi there,

I'm still not clear. You want the employer who has sponsored your TN-visa to start an employment-based immigrant petition based on the job you currently have being available to you in the future? And you want to know how long that will take?

I can't begin the analysis without knowing what kind of job you have, your education, qualifications, the requirements for the job, etc. I need the details related to this.
Customer: replied 3 years ago.

Hi,


Thanks for responding. This is for my brother. He is civil engineer and has completed his master's in USA. He is canadian citizen and has worked in US for the past 3 years on TN-Visa. Now he has new employer but wants to evaluate TN-visa vs H1-B. H1-B has quota system and I think employer can sponsor green card. TN-visa is easy to get for him, just involves stamping at border, but I am not sure if employer can sponsor green card in future for someone with TN-visa.

Ms./Mr. Patel,

Yes. While not technically a dual-intent visa like the H1B, a TN-visa employee can be sponsored for a green card in the future because the sponsorship is for a "future job offer," not a present job offer.

 

Immigration regulations do not prohibit an applicant for a TN status from having future immigrant intent because "an intent to immigrate in the future, which is in no way connected to the proposed immediate trip (in your brother's case, on TN), need not in itself result in a finding that the immediate trip [on TN] is not temporary. And extended stay, even in terms of years, may be temporary, as long as there is no immediate intent to immigrate." 9 FAM Section 41.59.

 

“An intent to immigrate in the future which is in no way connected to the proposed immediate trip need not in itself result in a finding that the immediate trip is not temporary. An extended stay, even in terms of years, may be temporary, as long as there is no immediate intent to immigrate.” 9 FAM § 41.59 N5. - See more at: http://www.tnvisabulletin.com/applying-for-green-card-tn-st/#sthash.Z9pRd8ER.dpuf
“An intent to immigrate in the future which is in no way connected to the proposed immediate trip need not in itself result in a finding that the immediate trip is not temporary. An extended stay, even in terms of years, may be temporary, as long as there is no immediate intent to immigrate.” 9 FAM § 41.59 N5. - See more at: http://www.tnvisabulletin.com/applying-for-green-card-tn-st/#sthash.Z9pRd8ER.dpuf
“An intent to immigrate in the future which is in no way connected to the proposed immediate trip need not in itself result in a finding that the immediate trip is not temporary. An extended stay, even in terms of years, may be temporary, as long as there is no immediate intent to immigrate.” 9 FAM § 41.59 N5. - See more at: http://www.tnvisabulletin.com/applying-for-green-card-tn-st/#sthash.Z9pRd8ER.dpuf
“An intent to immigrate in the future which is in no way connected to the proposed immediate trip need not in itself result in a finding that the immediate trip is not temporary. An extended stay, even in terms of years, may be temporary, as long as there is no immediate intent to immigrate.” 9 FAM § 41.59 N5. - See more at: http://www.tnvisabulletin.com/applying-for-green-card-tn-st/#sthash.Z9pRd8ER.dpuf
“An intent to immigrate in the future which is in no way connected to the proposed immediate trip need not in itself result in a finding that the immediate trip is not temporary. An extended stay, even in terms of years, may be temporary, as long as there is no immediate intent to immigrate.” 9 FAM § 41.59 N5. - See more at: http://www.tnvisabulletin.com/applying-for-green-card-tn-st/#sthash.Z9pRd8ER.dpuf

So yes, even if he is on TN-status now, an employer can sponsor him for a green card in the future.

 

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