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I-140 and TN Status

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  • I-140 and TN Status

    I actually have 2 questions: 1) Is the application for I-140 dependent on DOL Certification?? 2) If we go to TN status (we are Canadian) is there any way to apply for permanent status? As i understand it, these 2 are mutually exclusive.

    Thanks.

  • #2
    I actually have 2 questions: 1) Is the application for I-140 dependent on DOL Certification?? 2) If we go to TN status (we are Canadian) is there any way to apply for permanent status? As i understand it, these 2 are mutually exclusive.

    Thanks.

    Comment


    • #3
      You are correct, TN status is non-immigrant only. If your long-term plan is to return to Canada, you can renew TN status indefinitely. If you want to remain in the US permanently, you should probably change to H-1B status, which allows immigrant intent. While a person in TN status may have a labor cert filed on his/her behalf, this is usually considered inconsistent with TN status, and it's unlikely that a request to extend TN status would be granted.

      Regarding the I-140, DOL labor certification is required for most employment-based immigrant categories. Multinational managers, outstanding researchers, extraordinary abilty workers and National Interest Waiver applicants do not require labor certification.

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