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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7053
Experience:  Experienced in all aspects of immigration and nationality law.
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Filing for green card while on TN-Visa

Resolved Question:

Filing for green card while on TN-Visa
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Expert James replied 8 months ago.
Thank you for using this service. I'll do my best to answer your questions as completely and honestly as I can. All I ask in return is that you give me a positive rating for my customer service. This is the only way I get credit for assisting you. If you feel the need to use "poor service" or "bad service," please ask follow-up questions instead, so that I can try to help you further. Please remember that the law sometimes does not have a satisfactory solution for your issue; unfortunately, this is something I cannot control.

I see a statement, but I do not see a specific immigration question here. Can you please clarify what your question is?
Customer: replied 8 months ago.

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

Expert:  Expert James replied 8 months ago.
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 8 months 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.

Expert:  Expert James replied 8 months ago.
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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Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7053
Experience: Experienced in all aspects of immigration and nationality law.
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