If handled properly, an employee in TN visa status may file for adjustment of status to permanent resident status (Green card). Because the TN visa is a non-immigrant visa, this process must be handled with care. The majority of employers sponsoring their TN visa employees for permanent resident status will be required to complete the permanent labor certification process with the Department of Labor (DOL). The permanent labor certification process is the responsibility of the employer, not the employee. Certification from the DOL confirms the following about the proposed permanent employment:
- There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage.
- Hiring the TN employee will not adversely affect the wages and working conditions of similarly employed U.S. workers.
After receiving certification from the DOL, the employer is able to move forward with a petition for permanent employment of the TN visa employee through USCIS Form I-140. If you have questions about the PERM process or wish to sponsor your TN visa employee for a green card, we can help.
Contact Mr. Richards today
Call 716-832-2222 or Email: jr @richardskruger.com