TN-1 then EB-3 ? Is that possible?

Hello, is that possible to get a EB-3 if I currently hold a TN-1 ?

I know that could be tricly since TN-1 dont provide a US Status for me, will I need a Labor Certification? Or do you recommend me to first get the H1-B ?

Thanks in advance

ALdo Zavala

Hard to answer, legally TN-1 is not dual-status so you can't have an employer file an I-140 for you and go from it to LPR status. However, USCIS don't seem to necessarily follow that rule because TNVisaExpert said he'd seen I-140s approved for people who were on TN-1 and there are also ways around it, for example your employer puts your Canadian address on the I-140 and you leave when the visa number comes up, apply for the visa and re-enter.

So technically what you're supposed to do is either apply from outside the US or change status to something like H-1B first, but in reality it doesn't always work out that way.

But yes, to file an I-140 petition, your employer must complete the labour certification process first to show they need you and you aren't displacing a US worker.