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Dear Sophie: Can I hire an engineer whose green card is being sponsored by another company?

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Dear Sophie: Can I hire an engineer whose green card is being sponsored by another company?

Sophie Alcorn
Contributor

Early Newspaper

Sophie Alcorn is the founder of Alcorn Immigration Legislation in Silicon Valley and 2019 Global Legislation Experts Awards’ “Legislation Company of the Year in California for Entrepreneur Immigration Products and companies.” She connects folk with the companies and opportunities that expand their lives.

Extra posts by this contributor

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are very important to the spread of recordsdata that enables folk sometime of the sphere to rise above borders and pursue their wishes,” says Sophie Alcorn, a Silicon Valley immigration prison legitimate. “Whether you’re in folk ops, a founder or looking out for a job in Silicon Valley, I would prefer to answer your questions in my next column.”

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Dear Sophie,

I want to lengthen an offer to an engineer who has been working within the U.S. on an H-1B for nearly five years. Her contemporary employer is sponsoring her for an EB-2 green card, and our startup wants to hire her as a senior engineer.

What happens to her green card direction of? Can we preserve it over?

— Recruiting in Richmond

Dear Recruiting,

Congrats on finding the upright candidate in your characteristic. Your startup’s means to preserve over the EB-2 green card direction of for this candidate — or whether or no longer you wish to originate the green card direction of from the beginning place — depends on where she is within the green card direction of and whether or no longer the region it’s seemingly you’ll presumably presumably additionally be offering is reminiscent of her contemporary characteristic.

Lift a listen to my podcast whereby my colleague, Gilberto Orozco Jr., an partner prison legitimate at my company, and I discuss the American Competitiveness within the 21st Century Act — or AC21 — along with “green card portability.”

Enacted in 2000, AC21 provides world skill in sure eventualities the flexibility to change jobs for the length of the green card direction of and the flexibility to lengthen an H-1B visa past the six-yr restrict to preserve faraway from having to inch away the US whereas wanting ahead to a green card. I suggest discussing your affirm of affairs and targets with an experienced immigration prison legitimate to resolve your choices.

The direction of for EB-2 green cards

As I talked about earlier, what happens to the green card direction of if your candidate changes jobs depends on where she is within the EB-2 green card direction of. There are two forms of EB-2 green cards which accumulate somewhat fairly plenty of processes:

The EB-2 green card requires an employer sponsor and has a 3-step direction of:

  1. Getting PERM (Program Electronic Overview Management) labor certification from the U.S. Department of Labor.
  2. Submitting a green card petition (Fetch I-140) to U.S. Citizenship and Immigration Products and companies (USCIS) for approval.
  3. Getting USCIS approval after submitting an adjustment of repute to permanent repute utility (Fetch I-485), which can be filed along with Fetch I-140 reckoning on whether or no longer an EB-2 green card quantity is out there in accordance with the candidate’s nation of birth, and being interviewed by a USCIS officer or acquiring a green card overseas by means of consular processing and the Announce Department.

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Dear Sophie: Can I hire an engineer whose green card is being sponsored by another company?