TN to LPR/GC

Hi, I've been working here in the US with the same company and am on my 9th TN Visa, first as a 3-year.

Over the years due to various budgetary issues with the company, we have not been able to approve the internal costs for H1 or GC application. Last year we tried filing for H1B and and I guess my number didn't come up, so at the end of the year I went to the border with my company package and got a 3-year TN.

The intention with the H1 was to use that as a step to apply for GC. Unfortunately, since we didn't get it, we waited for TN to come up again. Now, due to the economy and re-orgs, I'm not in a position to press my upper management to get approval so we can start the process for GC again. I have been told my our immigration lawyers that there is a way they believe we can bypass the H1 step due to tenure and value to the company, etc. So while the lawyers seem confident the process can move forward, my worry is now with management and their ability/willingness at this point to assume the costs of filing for GC.

All I am looking for here is some sense of stability. I've invested a lot since I've been down here...bought a house, etc. While I'm not concerned at this point with losing my job, it does add an uncomfortable dimension of stress.

One area where I think I differ from many people in my situation is that I do have family (my grandmother's sister) who lives down here, along with her kids (all of them retired military), and their families. One of them lives in my area.

While I'm sure the path is easier through my company since they can provide the documentation and whatnot to try and smooth a TN into a GC, I'm not sure they will approve the lawyer costs in order to process that. They also require two years of service after I receive the GC or I pay back the company. As I said, I'm not worried about being attached to the company for the 5 or 6 more years or so the application period and honeymoon period will add up to, I just want the peace of mind that if I get laid off after 10 years that I'm not in a deep dark hole.

Do I have an option of applying outside of the company, in case they drag their feet on this, where I could get sponsored by my cousin and his family? I'm sure it would incur a personal cost whereas company-sponsored would not, but if this is an alternative course of action, I am interested in persuing it if possible.

Any thoughts are most welcome.

TN is a non immigrant visa and does not lead to green card due to non-dual intent.

If green card application is filed while on TN, one can risk cancellation of TN visa during reentry.

non-immediate family members cannot sponsor you. I'm afraid your cousins and your grandparents are not eligible either. Only parents or spouses or siblings can sponsor family.

They also require two years of service after I receive the GC or I pay back the company.

That's illegal, violates a number of US laws. They cannot charge you for the sponsorship process nor can they mandate that you work for them, due to this little piece of legislation called the 13th Amendment which outlawed slavery.

The TN-1 to LPR status thing is tricky because TN-1 is not "dual-intent".

I haven't done it myself but the usual way of doing it is apparently to use consular processing. I.e. the company files an I-140 for you and puts down your Canadian address on it and when the visa number comes up you leave, go to the consulate for the interview, get the visa and then re-enter.

CBP don't know that there's a pending I-140 for you until the visa is issued apparently, so you have no problem entering on TN-1 while it is pending. I can't see why it would be illegal given the processing time provided you maintain "non-immigrant intent" with some ties to Canada. It's just a hassle obviously.

The real question is which employment category you fall into, because an I-140 requires labour certification and if you fall into EB-3 Skilled Worker (the most common) the wait for a visa number is about 3.5 years plus the processing time for the visa, so I'm not sure that really provides you any job security because whatever is going to happen is going to have happened by then.

Have a look on the USCIS website under the EB categories to see which one you fall into. If you're in EB-2 you can get it within a year usually.

Family-based immigration doesn't look like it's an option for you. If you're really worried about it, there may be a way of setting up your own company and working as a subcontractor on an E-2 visa.

Hi, I've been working here in the US with the same company and am on my 9th TN Visa, first as a 3-year.

I wasn't aware that the 3-year TN law had passed. Was there anything special you did or said to get approved for three years? Was the Border Patrol agent you dealt with familiar with the 3-year rule? What border crossing did you use (or did you go the mail-in route)?

I'm on my 6th, and I'd be a lot less stressed if I only had to go through the process every 3rd year.

Your job contract letter would just have to state that it is a 3 year contract, rather than a 1 year contract.