Can I Apply for U.S. Green Card in Labor Certification with TN visa

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Hi William:

I am Canada citizen working in U.S. with TN-1 visa. Can I apply for U.S. Green Card in the step of Labor Certification with the employer's sponsorship?

Answer:

TN-1 is a temporary visa that needs intent to return to Canada upon completion of the one-year temporary work. Unlike the H-1B, TN visa holder does not enjoy dual intent.

But filing of Labor Certification application does not in itself constitute such an intent not to return to Canada. In your case, your application of Labor Certification is in a very early stage of the immigration process. Accordingly, you are not likely to face a serious problem either at the border or at the USCIS Service Center, in obtaining extension of TN status for another year.

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