Filing An Employment-Based Green Card Petition

Achieving permanent residency via EB-2 and EB-3 offers TN Visa holders a streamlined avenue closely aligned with their employment status and qualifications. While individual circumstances may vary, the process generally involves these steps.

Step 1: Find A U.S. Employer

To transition from a nonimmigrant to an immigrant Visa, you need to find an employer who can sponsor your application. If you have been working in the United States on a TN Visa, you can ask your employer if they are amenable to sponsoring and filing your Green Card application. This route is faster than searching for another job requiring another Visa processing.

Step 2: Acquire PERM Labor Certification

EB-2 and EB-3 Visas require labor certification, which your employer must obtain from the DOL. They need to file ETA-9089, Application for Permanent Employment Certification, with the DOL.

This step starts the labor certification or PERM process. Your employer needs to prove that no U.S. workers are available, qualified, or willing to take the job posting. Depending on the situation, the PERM process can take about six months.

You can take advantage of the NIW (EB-2) or Schedule A Blanket Labor Certification (EB-3) if your type of profession is eligible.

Step 3: File Form I-140

If the DOL approves the labor certification, your employer can file for From I-140 or Immigration Petition for Alien Worker with United States Citizenship and Immigration Services (USCIS). The petition must include supporting documentation, such as proof of the job offer, qualifications, and your employer’s ability to pay the offered wage.

Step 4: Wait For Priority Date & Visa Availability

Upon approval of the immigrant petition, a priority date is established, determining the individual’s place in line for Visa availability. The priority date is crucial for tracking Visa availability and may vary depending on the demand for Visas in the EB-2 and EB-3 categories.

Step 5: Undergo Adjustment Of Status Or Consular Processing

Once a Visa becomes available, you may apply for lawful permanent resident status or a Green Card. If you’re already in the United States, you can apply for an adjustment of status. Otherwise, you need to go through consular processing. This step involves submitting additional forms and supporting documents and undergoing background checks.

Step 6: Wait For Approval

If the Green Card application is approved, you are granted lawful permanent resident status and allowed to live and work permanently in the United States. When your Green Card is finally processed, the validity of your TN Visa ends as you have successfully transitioned to a lawful permanent resident.

Although your employer typically files this intricate sponsorship process on your behalf, you both must work closely together and consult with an experienced immigration attorney. A Green Card lawyer reviewing your petition increases your chances of a successful application.

Lozano Law Firm - Abogados de Inmigración

5718 University Heights Blvd #104

San Antonio, TX 78249

(210) 899-2290

https://abogadolozano.com