Right here’s one other version of “Expensive Sophie,” the recommendation column that solutions immigration-related questions on working at know-how firms.
“Your questions are important to the unfold of data that enables individuals all around the world to rise above borders and pursue their goals,” says Sophie Alcorn, a Silicon Valley immigration lawyer. “Whether or not you’re in individuals ops, a founder or in search of a job in Silicon Valley, I’d like to reply your questions in my subsequent column.”
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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 corporate that sponsored me for the H-1B additionally sponsored me for an EB-3 inexperienced card, which was permitted about three years in the past, however I’m nonetheless ready for a inexperienced card quantity. My spouse acquired her employment authorization and has been working as a health care provider since then.
Can she apply for a inexperienced card? Will she get a inexperienced card sooner given her career? If she applies for a inexperienced card, what occurs to my inexperienced card?
— Humble Hubby
Expensive Humble,
My deepest because of your spouse for offering healthcare companies throughout the pandemic. I respect you, your spouse, and the entire people who’ve the grit and willpower to start out a brand new life in america and make our nation robust and vibrant within the course of.
Now, let’s dive into your questions.
Can my spouse apply for a inexperienced card?
Sure, positively! Your spouse can apply for a inexperienced card in parallel to your inexperienced card efforts. We now have many married shoppers who use this technique to extend their possibilities and probably get a inexperienced card sooner. We even have a number of particular person shoppers who apply for 2 totally different inexperienced playing cards in parallel.
Sometimes, they apply for an EB-1A extraordinary skill inexperienced card, and an EB-2 NIW (Nationwide Curiosity Waiver). The EB-1A has a excessive bar for qualifying, however the shortest wait time among the many employment-based inexperienced playing cards. The EB-2 NIW is simpler to qualify for than the EB-1A, however normally has an extended wait time.
In your spouse’s case, the important thing will probably be to determine which inexperienced card she could be a powerful candidate for, and whether or not the processing and wait time could be shorter than the remaining wait time in your inexperienced card quantity. An immigration lawyer will help decide the perfect path ahead for you and your spouse based mostly in your circumstances and her {qualifications}.
Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a brand new window)
With the significance of healthcare in america, your spouse could also be a powerful candidate for the EB-2 NIW. That is one in every of two inexperienced playing cards that don’t require an employer sponsor, which implies your spouse may self-petition if her employer isn’t keen to take action.
Geared toward people whose discipline of experience and work is taken into account to be essential to the U.S., this inexperienced card doesn’t require the prolonged PERM course of. The PERM course of is required for the usual EB-2 for candidates with a complicated diploma or distinctive skill, and the inexperienced card your organization sponsored you for, the EB-3, for expert staff and professionals.
PERM, which stands for Program Digital Evaluation Administration, is the system used to use for labor certification from the U.S. Division of Labor. Labor certification is designed to make sure that no U.S staff are certified and out there to simply accept jobs provided to inexperienced card candidates, and that using the inexperienced card candidates received’t adversely have an effect on the wages and dealing situations of American staff.
Will my spouse get a inexperienced card sooner?
Even with a three-year head begin in your EB-3, the reply to that query is more than likely sure. As you realize, the wait time for an EB-3 inexperienced card is especially lengthy for people who have been born in India due to the annual limits and the per-country caps on inexperienced playing cards. Because of this I’ve lengthy advocated eliminating the per-country caps on inexperienced playing cards and was thrilled when President Biden listed it as one in every of his legislative priorities.
