Green Card for Part-Time Work?
Question: Is it possible for an employer who has hired me part-time on a TN visa to sponser me for permanent residency? Or would I need to be employed full-time for such a sponsorship?
Reply: While an individual can obtain a TN for part-time employment, such employment may pose a problem as the basis of a green card application.
Any employment-based green card category that requires a labor certification, e.g. EB-2 (except for NIWs) and EB-3, the permanent position offered must be for full-time employment. See 20 C.F.R. § 656.3 (for purposes of a labor certification, employment is defined as “[p]ermanent, full-time work by an employee for an employer…”).
However, a green card application is submitted for a prospective position to be filled upon approval of the application. Thus, it may be possible for one to work currently on a part-time basis, but plan to transition to a full-time position upon approval of an application.