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Here’s yet another edition of “Dear Sophie,” the information column that responses immigration-relevant queries about functioning at know-how organizations.
“Your concerns are essential to the spread of know-how that makes it possible for men and women all around the world to rise earlier mentioned borders and pursue their goals,” states Sophie Alcorn, a Silicon Valley immigration legal professional. “Whether you are in folks ops, a founder or trying to find a task in Silicon Valley, I would love to solution your questions in my subsequent column.”
TechCrunch+ members get accessibility to weekly “Dear Sophie” columns use promo code ALCORN to invest in a a person- or two-12 months subscription for 50% off.
Expensive Sophie,
My spouse and I are from India. I’m a software program engineer and have an H-1B visa. My spouse has a dependent H-4 visa. The company that sponsored me for the H-1B also sponsored me for an EB-3 environmentally friendly card, which was accredited about three yrs ago, but I’m even now waiting for a green card quantity. My spouse acquired her employment authorization and has been functioning as a health care provider considering that then.
Can she implement for a eco-friendly card? Will she get a environmentally friendly card sooner offered her job? If she applies for a inexperienced card, what happens to my inexperienced card?
— Humble Hubby
Dear Humble,
My deepest thanks to your spouse for offering health care services during the pandemic. I respect you, your spouse, and all of the people who have the grit and willpower to commence a new everyday living in the United States and make our region solid and vivid in the system.
Now, let us dive into your queries.
Can my spouse utilize for a environmentally friendly card?
Sure, definitely! Your spouse can implement for a environmentally friendly card in parallel to your inexperienced card initiatives. We have lots of married customers who use this method to maximize their prospects and perhaps get a inexperienced card more rapidly. We also have various particular person clients who implement for two distinctive green playing cards in parallel.
Generally, they apply for an EB-1A remarkable ability inexperienced card, and an EB-2 NIW (Countrywide Curiosity Waiver). The EB-1A has a higher bar for qualifying, but the shortest wait time among the work-centered eco-friendly playing cards. The EB-2 NIW is much easier to qualify for than the EB-1A, but normally has a more time wait time.
In your wife’s situation, the key will be to figure out which environmentally friendly card she would be a potent applicant for, and regardless of whether the processing and wait around time would be shorter than the remaining wait around time for your environmentally friendly card variety. An immigration attorney can assistance identify the most effective path ahead for you and your wife primarily based on your situations and her qualifications.
Picture Credits: Joanna Buniak / Sophie Alcorn (opens in a new window)
With the value of health care in the United States, your wife may well be a sturdy candidate for the EB-2 NIW. This is just one of two inexperienced cards that do not demand an employer sponsor, which usually means your wife could self-petition if her employer is not eager to do so.
Aimed at men and women whose field of abilities and get the job done is thought of to be important to the U.S., this green card does not involve the lengthy PERM method. The PERM procedure is demanded for the normal EB-2 for candidates with an superior diploma or extraordinary potential, and the inexperienced card your business sponsored you for, the EB-3, for experienced staff and professionals.
PERM, which stands for Method Electronic Evaluate Management, is the system utilised to utilize for labor certification from the U.S. Division of Labor. Labor certification is designed to ensure that no U.S workers are certified and readily available to acknowledge work made available to environmentally friendly card candidates, and that employing the inexperienced card candidates will not adversely impact the wages and functioning circumstances of American employees.
Will my spouse get a environmentally friendly card faster?
Even with a 3-12 months head begin on your EB-3, the remedy to that dilemma is most likely sure. As you know, the wait around time for an EB-3 inexperienced card is especially prolonged for people today who had been born in India for the reason that of the once-a-year limits and the for each-state caps on environmentally friendly cards. This is why I have lengthy advocated removing the for each-region caps on environmentally friendly cards and was thrilled when President Biden stated it as one of his legislative priorities.
