The applicant in this case had held TN visa status with his employer for approximately 5-years. The employer had obtained a PERM labor certification, and an I-140 petition approval for this individual under the employment-based third-preference category.

As this individual was born in India, he was subject to a significant immigrant visa backlog, and could not complete the green card process. He, therefore, had to file for an extension of his TN visa status. In order to establish eligibility for TN visa status, this individual’s petition would need to show that he continued to meet the temporary entry requirements for TN status despite his approved I-140 petition.  

Our office prepared this individuals’s I-129 petition with documentation evidencing  that he would not file an application for adjustment of status if an immigrant visa number became available while he was present in the U.S. Instead, the petition documented that he would depart the U.S., and apply for his green card at the U.S. consulate in Montreal.