The TN to Green Card application has one main requirement: the employer must establish that making the TN worker a permanent resident will not hurt the US labor market. Using an established process, the employer must test the labor market in search of a US worker who is qualified, willing and available to do the job of the TN worker. If such US worker is not found, then the main requirement has been met because it proves that making the TN worker a permanent resident will not hurt the US labor market.

The TN to Green Card is a 3-part process.

Part 1 – PERM with the US Department of Labor:

When you start the PERM Labor Certification process our immigration attorney will first seek a Prevailing Wage Determination (PWD) from the US Department of Labor (DOL). We outline for the DOL the desired job position of the TN worker, including the job requirements and job duties. With this information, DOL issues a PWD which establishes the minimum salary for the job. The next step is for the employer to follow an established recruitment process in search of a US worker for the job. The purpose of the recruitment is to determine if there is a US worker who is qualified, willing and available to fill the position. Should no US worker meeting the required criteria turn up, then the DOL will certify, using ETA Form 9089, that making the TN worker a permanent resident will not hurt the US labor market.

Part 2 – i-140 Application with USCIS:

Once the PERM Labor Certification is approved (ETA Form 9089), the employer must use Form i-140 to ask USCIS for a Green Card for the TN worker. In other words, this is the part of the application where the employer requests that the employee be granted a Green Card. USCIS uses the i-140 to verify that the employer can afford to pay the TN worker the prevailing wage established by DOL in Part 1 above.

Part 3 – i-485 Application with USCIS:

This is the last step of the TN to Green Card application process. The i-485 is the application the TN worker will use to personally apply for adjustment of status, i.e., apply for a Green Card. During this part, the immediate family members, if any, of the TN worker will also apply for their Green Card. Upon approval of the i-485, the Green Card is issued.

Some cases are processed faster than others. The speed in which a Green Card can be obtained depends on whether your case has a mandatory waiting period. You can track the waiting period using the Visa Bulletin. Here is an explanation of the TN to Green Card timeline:

By law, USCIS has a limited number of Green Cards that it can issue per year, per country and per preference category (EB2 or EB3). A backlog is created when there are more applicants than available Green Cards. Backlogs create mandatory waiting periods. For example: Say you are from Mexico, have an EB3 category and that your Labor Certification Application was filed on September 1, 2017 (your priority date). Then we find that the Visa Bulletin for the current month says USCIS is processing applications with a priority date of June 1, 2017. This would mean that you have a mandatory waiting period and that there is no Green Card available for you, thus you should not file your i-485 yet. You need to wait until the Visa Bulletin posts a date of September 1, 2017 or after, to file your i-485.

If there is a Green Card available, meaning that there is no wait because the Visa Bulletin has reached your priority date, then the i-140 and your i-485 may be filed together. However, if your preference category is not current, i.e., there is a wait until the Visa Bulletin catches up to your priority date, then the i-140 is filed on its own. Your i-485 will not be filed until the Visa Bulletin reaches your priority date.

1. How long does the TN to Green Card process take?

The answer is in the Visa Bulletin, your preference category and your country of nationality. An TN to Green Card moves as fast as the dates on the Visa Bulletin. It is not uncommon for an EB2 to have a 1 to 2-month waiting period. Meanwhile, an EB3 may have a 6-month waiting period.

2. What will happen to the TN to Green Card process under President Trump?

President Trump has kept the TN to Green Card process unchanged since taking office in January of 2017. During his presidential campaign, Donald Trump threatened to cancel NAFTA, which makes the TN visa possible, but after taking office he has taken a gentle approach on this topic. Thus, no changes are expected to this process. If there are changes made, our immigration attorneys will stay updated and informed.