Pricey Sophie: Can I hire an engineer whose inexperienced card is being subsidized by one other firm?

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Sophie Alcorn Contributor

Sophie Alcorn is the founder of Alcorn Immigration Regulation in Silicon Valley and 2019 World Regulation Consultants Awards’ “Regulation Firm of the Year in California for Entrepreneur Immigration Products and companies.” She connects of us with the companies and opportunities that develop their lives.

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Right here’s one other edition of “Pricey Sophie,” the suggestion column that answers immigration-linked questions about working at skills companies.

“Your questions are foremost to the spread of files that enables of us at some level of the arena to upward push above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether or no longer you’re in of us ops, a founder or searching for a job in Silicon Valley, I want to respond your questions in my next column.”

Further Crunch contributors receive accept admission to to weekly “Pricey Sophie” columns; use promo code ALCORN to prefer a one- or two-365 days subscription for 50% off.

Pricey Sophie,

I want to lengthen an offer to an engineer who has been working in the U.S. on an H-1B for nearly 5 years. Her latest employer is sponsoring her for an EB-2 inexperienced card, and our startup needs to hire her as a senior engineer.

What happens to her inexperienced card process? Discontinuance we take it over?

— Recruiting in Richmond

Pricey Recruiting,

Congrats on discovering the edifying candidate in your role. Your startup’s ability to take over the EB-2 inexperienced card process for this candidate — or whether you occupy gotten to beginning the inexperienced card process from the muse — depends on where she is in the inexperienced card process and whether the gap you are offering is equivalent to her latest role.

Win a hear to my podcast in which my colleague, Gilberto Orozco Jr., an affiliate attorney at my firm, and I discuss the American Competitiveness in the 21st Century Act — or AC21 — along side “inexperienced card portability.”

Enacted in 2000, AC21 affords global ability in obvious instances the flexibility to alternate jobs actual throughout the inexperienced card process and the flexibility to lengthen an H-1B visa past the six-365 days restrict to stop a long way flung from having to head away the United States while waiting for a inexperienced card. I suggest discussing your misfortune and goals with an experienced immigration attorney to uncover your choices.

The process for EB-2 inexperienced cards

As I talked about earlier, what happens to the inexperienced card process if your candidate adjustments jobs depends on where she is in the EB-2 inexperienced card process. There are two forms of EB-2 inexperienced cards which occupy a miniature bit different processes:

  • EB-2 inexperienced card for evolved level consultants
  • EB-2 NIW (Nationwide Hobby Waiver) for other folks of excellent ability

The EB-2 inexperienced card requires an employer sponsor and has a 3-step process:

  1. Getting PERM (Program Electronic Evaluate Management) labor certification from the U.S. Department of Labor.
  2. Submitting a inexperienced card petition (Uncover I-140) to U.S. Citizenship and Immigration Products and companies (USCIS) for approval.
  3. Getting USCIS approval after submitting an adjustment of space to permanent space utility (Uncover I-485), which is able to be filed along with Uncover I-140 reckoning on whether an EB-2 inexperienced card quantity is provided in accordance with the candidate’s nation of beginning, and being interviewed by a USCIS officer or obtaining a inexperienced card overseas through consular processing and the State Department.
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