The AOS process for a TN visa holder is relatively simple, but there are a few key things to keep in mind in order to maintain work authorization during the process.
First and foremost, it is important to remember that the TN visa is a nonimmigrant visa, and as such, is valid for a specific period of time. In order to maintain work authorization during the AOS process, the TN visa holder must have a valid I-94 arrival/departure record.
Secondly, the TN visa holder must maintain a valid passport throughout the AOS process. If the passport expires, the TN visa holder will need to apply for a new passport and submit an application to the USCIS.
Third, the TN visa holder must maintain a valid job offer from a U.S. employer. The job offer must be in the same occupation as the TN visa holder’s current occupation. Additionally, the TN visa holder’s employer must provide a new Labor Condition Application (LCA) to the USCIS.
Fourth, the TN visa holder must file an I-485 application to adjust status to permanent resident. The I-485 application must be accompanied by a number of supporting documents, including proof of the TN visa holder’s job offer, the new LCA, and evidence of the TN visa holder’s qualifications for the position.
I-485 application – AOS Process
Once the I-485 application is filed, the TN visa holder’s work authorization will automatically be extended for a period of up to six months. This extension is known as the “bridge period.” After the six-month bridge period, the TN visa holder’s work authorization will be based on the status of the I-485 application. If the I-485 is approved, the TN visa holder will receive a green card and will be authorized to work indefinitely in the United States. If the I-485 is denied, the TN visa holder’s work authorization will be terminated and the TN visa holder will be required to leave the United States. It is also recommended to go through Nafta professional list to ensure your field scope in the USA, visit here to check out TN Nafta Professional List.
It is important to note that the AOS process can take several months, or even years, to complete. During this time, it is crucial that the TN visa holder maintain a valid I-94, passport, and job offer in order to avoid any disruptions in work authorization.
Some strategies to help ensure a TN visa
- Have all required documentation in order
- Keep a close eye on the expiration dates of your passport, I-94, and TN visa
- Make copies of all documentation
- Be prepared to apply for a new passport if your current one expires
- Be prepared to submit a new LCA if your job offer changes
- Be prepared to file an I-485 application if your employer decides to sponsor your green card
Condition for TN visa holder to work in the USA
To work in the USA, the TN visa holder must:
- have a valid I-94 arrival/departure record;
- maintain a valid passport;
- have a valid job offer from a U.S. employer in the same occupation;
- file an I-485 application to adjust status to permanent resident; and
- have a new Labor Condition Application (LCA) from the employer.
What if these conditions are not met? Explain in detail
- If any of these conditions are not met, the TN visa holder’s work authorization will be disrupted.
- If the TN visa holder does not have a valid I-94, the TN visa holder will need to apply for a new I-94.
- If the TN visa holder’s passport expires, the TN visa holder will need to apply for a new passport.
- If the TN visa holder’s job offer changes, the TN visa holder will need to submit a new LCA.
- If the TN visa holder’s employer decides to sponsor the TN visa holder’s green card, the TN visa holder will need to file an I-485 application.
Common TN Visa Interview Questions
- What is the purpose of your trip?
- How long do you intend to stay in the United States?
- What is your occupation?
- Do you have a valid job offer from a U.S. employer?
- Do you have a valid passport?
- Do you have a valid I-94 arrival/departure record?
- Do you have a new Labor Condition Application (LCA)?
- Are you qualified for the position you are applying for?
- Have you ever been denied a visa to the United States?
- Do you have any criminal convictions?
Possibilities of converting TN Visa to Greed Card
Yes, it is possible to convert a TN visa to a green card. The process is known as adjustment of status. To be eligible, the TN visa holder must have a valid job offer from a U.S. employer and must be qualified for the position. Additionally, the TN visa holder’s employer must sponsor the TN visa holder’s green card. The process can take several months, or even years, to complete.
Does marriage work?
No, marriage does not automatically convert a TN visa to a green card. The TN visa holder must still have a valid job offer from a U.S. employer and must be qualified for the position. Additionally, the TN visa holder’s employer must sponsor the TN visa holder’s green card. The process can take several months, or even years, to complete.
Transition from a TN Visa to H1B Visa
It is possible to transition from a TN visa to an H1B visa. The process is known as adjustment of status. To be eligible, the TN visa holder must have a valid job offer from a U.S. employer and must be qualified for the position. Additionally, the TN visa holder’s employer must sponsor the TN visa holder’s H1B visa.
Conclusion
The AOS process for a TN visa holder is relatively simple, but there are a few key things to keep in mind in order to maintain work authorization during the process. First and foremost, it is important to remember that the TN visa is a nonimmigrant visa, and as such, is valid for a specific period of time. In order to maintain work authorization during the AOS process, the TN visa holder must have a valid I-94 arrival/departure record. Secondly, the TN visa holder must maintain a valid passport throughout the AOS process.
If the passport expires, the TN visa holder will need to apply for a new passport and submit an application to the USCIS. Third, the TN visa holder must maintain a valid job offer from a U.S. employer. The job offer must be in the same occupation as the TN visa holder’s current occupation. Additionally, the TN visa holder’s employer must provide a new Labor Condition Application (LCA) to the USCIS. Fourth, the TN visa holder must file an I-485 application to adjust status to permanent resident. The I-485 application must be accompanied by a number of supporting documents, including proof of the TN visa holder’s job offer, the new LCA, and evidence of the TN visa holder’s qualifications for the position.
