This post will provide a quick case study of a Canadian TN to green card, via EB-2 NIW. Some people on TN do not realize they can go straight for a green card without H-1B.
Hi Robert, thank you for this interesting article. You mention that EB2 NIW is an option for canandian citizens born in India. But wouldn’t they fact the same GC backlog that Indians face since country of chargeability for GC is determined by country of birth and not citizenship? What am I missing here?
Yes - people born in India are still subject to the India backlog even if they are citizens of Canada or another country. But there are advantages to self-petition I-140 approvals versus employer-based I-140 approvals. An employer (PERM) based I-140 is limited to employer, job, and location. An EB-2 NIW self-petition does not have those limitations. So a person born in India might prefer the advantages of EB-2 NIW versus EB-2 PERM. But EB-2 NIW does not avoid the "per country" limits. I think too many Indian-born immigrants neglect the option of EB-2 NIW and then complain that they are stuck in their job and their employer.
How do I get in touch with you I have a few questions regarding this. I am working in Florida on a TN and am wondering what route I have available to me. Thanks
Thanks for your note. Feel free to email me. My email address is bob@webberimmigration.com. It is useful to see a copy of your up-to-date CV/resume. There is no charge for a preliminary consultation, via email. You come from a strong showing, in my experience, of Canadians living in Florida!
Definitely it is possible to file for EB1A from TN. EB1A is a very high standard so the candidate must have a very strong profile to be approved for EB1A. If the person is born in India or China, then EB1A is important but if the person was NOT born in India or China, then EB-2 NIW is generally considered a lower standard (easier to get approved) and the wait time for EB-2 NIW is not bad.
TN Visa is not dual intent, but that does not stop you from applying for a green card, just that once you have exhibited immigrant intent, you will be ineligible for any non immigrant visa approval in the future
Mihir - Yours is good answer. Thanks! For Sam - anyone can seek a green card and self-petition or be sponsored by an employer. It is a misconception to believe only people on dual intent visas can obtain a green card through employment. But it is true that H-1B/H-4 and L-1/L-2 are the only dual intent visas so there are various considerations to go for a green card from TN but it is possible. One point of the post was to make that clear. (But alas, the "per country" limits that curse Indian- and Chinese-born immigrants do still exist based on country of birth.)
If you are on TN, then after you file your I-485, you CANNOT leave the US until you get advance parole. If you were on a dual intent visa, you could leave the US, so this 'landlocked' period is a complication.
If you don't want to face the 'landlocked' period, you can set up your case for immigrant visa processing (consular processing for immigrant visa through NVC). This is how to do it if you are on TN but India- or China-born.
Are you “landlocked” only after I-485 filing? On TN wouldn’t you be considered to have immigrant intent merely by virtue of having filed an EB2 NIW petition even before it is approved and you have started the AOS process?
You can have a TN with an approved I-140 and renew the TN and it is not prohibited. The I-140 is ideally structured to request consular notification, not adjustment of status. The point of this post is to make people more aware that there is an option for a green card from TN.
It is not a perfect option and of course some people may not be eligible but there may be people eligible who are simply not pursuing it out of ignorance of the option.
Indeed, that’s a very valid point. I’ve always been told that there was no path to Green card while one is still on TN. Since TN was not applicable to me I never dug further, but you’re very right that it appears to be the conventional wisdom.
Hi Robert, thank you for this interesting article. You mention that EB2 NIW is an option for canandian citizens born in India. But wouldn’t they fact the same GC backlog that Indians face since country of chargeability for GC is determined by country of birth and not citizenship? What am I missing here?
Yes - people born in India are still subject to the India backlog even if they are citizens of Canada or another country. But there are advantages to self-petition I-140 approvals versus employer-based I-140 approvals. An employer (PERM) based I-140 is limited to employer, job, and location. An EB-2 NIW self-petition does not have those limitations. So a person born in India might prefer the advantages of EB-2 NIW versus EB-2 PERM. But EB-2 NIW does not avoid the "per country" limits. I think too many Indian-born immigrants neglect the option of EB-2 NIW and then complain that they are stuck in their job and their employer.
Ah, that makes sense. This is really interesting! Thank you for the clarification.
How do I get in touch with you I have a few questions regarding this. I am working in Florida on a TN and am wondering what route I have available to me. Thanks
Thanks for your note. Feel free to email me. My email address is bob@webberimmigration.com. It is useful to see a copy of your up-to-date CV/resume. There is no charge for a preliminary consultation, via email. You come from a strong showing, in my experience, of Canadians living in Florida!
Is it possible to file EB1A with TN visa, one of my friends is a Ph.D. in organic Chemistry and currently working in USA on TN visa
Definitely it is possible to file for EB1A from TN. EB1A is a very high standard so the candidate must have a very strong profile to be approved for EB1A. If the person is born in India or China, then EB1A is important but if the person was NOT born in India or China, then EB-2 NIW is generally considered a lower standard (easier to get approved) and the wait time for EB-2 NIW is not bad.
Thank you, I will inform my friend and he will contact you
I thought TN Visa did not allow Dual Intent. Is there a loophole on NIW?
TN Visa is not dual intent, but that does not stop you from applying for a green card, just that once you have exhibited immigrant intent, you will be ineligible for any non immigrant visa approval in the future
Mihir - Yours is good answer. Thanks! For Sam - anyone can seek a green card and self-petition or be sponsored by an employer. It is a misconception to believe only people on dual intent visas can obtain a green card through employment. But it is true that H-1B/H-4 and L-1/L-2 are the only dual intent visas so there are various considerations to go for a green card from TN but it is possible. One point of the post was to make that clear. (But alas, the "per country" limits that curse Indian- and Chinese-born immigrants do still exist based on country of birth.)
If you are on TN, then after you file your I-485, you CANNOT leave the US until you get advance parole. If you were on a dual intent visa, you could leave the US, so this 'landlocked' period is a complication.
If you don't want to face the 'landlocked' period, you can set up your case for immigrant visa processing (consular processing for immigrant visa through NVC). This is how to do it if you are on TN but India- or China-born.
Are you “landlocked” only after I-485 filing? On TN wouldn’t you be considered to have immigrant intent merely by virtue of having filed an EB2 NIW petition even before it is approved and you have started the AOS process?
You can have a TN with an approved I-140 and renew the TN and it is not prohibited. The I-140 is ideally structured to request consular notification, not adjustment of status. The point of this post is to make people more aware that there is an option for a green card from TN.
It is not a perfect option and of course some people may not be eligible but there may be people eligible who are simply not pursuing it out of ignorance of the option.
Indeed, that’s a very valid point. I’ve always been told that there was no path to Green card while one is still on TN. Since TN was not applicable to me I never dug further, but you’re very right that it appears to be the conventional wisdom.