Here’s another edition of “Dear Sophie,” the recommendations column that answers immigration-related concerns about working at innovation companies.

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Dear Sophie:

Our business is thinking about sponsoring a job prospect for an EB-1B green card. She presently has an H-1B research position at an American university. How long does the EB-1B process take? What can we do to maximize our chances for approval? Could we sponsor her for more than one green card to improve her opportunities?

— Passionate in Pleasanton

Dear Passionate,

Thanks for your questions. The scenario you explain is complicated, so as constantly, please speak with an experienced immigration lawyer to explore your company’s options in more detail. In a recent podcast, I speak about how tech business can utilize the EB-1B permit to bring in and maintain researchers. In a nutshell, yes, you can hire her, and sponsor her for more than one permit at the same time. Here’s how.

The time it considers a prospect to receive an EB-1B permit depends upon their country of birth. If your candidate was born in China or India, she faces waiting a number of years for an EB-1B green card unless she currently has a concern date. For prospects born in any other nation, the EB-1B green card procedure might still take near a year or more even if the I-140 permit petition and I-485 adjustment of status kind are submitted together or if the I-140 petition is filed with premium processing. Regardless, in order for the candidate to remain in the U.S. to live and to start working for you in the short term while your business pursues an EB-1B permit, your business would need to sponsor her for an H-1B or O-1A in the interim.

Prior to I go into more information about the requirements for the EB-1B green card and what it requires to send a strong EB-1B petition, here are some things to keep in mind:

  • Because the candidate works for a university, she likely has a cap-exempt H-1B, which suggests that the H-1B was exempt to the yearly numerical cap and lottery. A cap-exempt H-1B can just be moved to another cap-exempt employer, such as another university, a nonprofit, or a federal government research study company. Your company will need to sponsor the candidate for a new, cap-subject H-1B by registering her for the lottery next March. If the prospect is selected in the lottery game and the H-1B petition is authorized, the earliest she can start working for you would be Oct. 1, 2021. Alternatively, we can deal with you to check out options for alternative cap-exempt H-1Bs that you can get at any time of year.
  • If the job prospect was born in China or India and her present employer is sponsoring her for a permit, she might be able to keep her priority date, or location in line for a permit, when your company sponsors her for one.
  • With limited exceptions, the U.S. has stopped releasing permits and H-1B visas to people beyond the U.S. a minimum of through completion of the year under President Trump’s proclamations, so the prospect needs to try to stay in legal status in the U.S. without leaving.

To sponsor a person for an EB-1B permit as a personal company (and not a university), your business must currently employ a minimum of 3 full-time researchers and show achievements in the field of research. Your business should show that the EB-1B prospect has been recognized for extraordinary achievement in her or his field of research study.

The candidate must have at least three years of research study experience and must meet two of the following requirements:

  • Has gotten significant prizes or awards for exceptional achievement.
  • Belongs to associations that need exceptional achievement.
  • Work or research has actually been blogged about in expert publications or other major media.
  • Has judged the work of others either alone or while serving on a panel.
  • Contributed original clinical or academic research study in their field.
  • Authored scholarly books or released short articles.

It resembles an EB-1A but a little bit much easier.

After working with counsel to figure out the two qualifying criteria to focus on, make sure your company and the prospect put together strong, compelling evidence and paperwork. Supplement that documents with letters of recommendation from professionals in the prospect’s location of knowledge. Keep in mind that U.S. Citizenship and Immigration Services (USCIS) assesses the EB-1B petition based on whether adequate evidence is sent to support two of the requirements and the quality of the proof that suggests the candidate is impressive in their field. As normal, any files in a foreign language must be equated and certified.

Your company will require to consist of the job deal letter showing the objective to employ the candidate in a long-term research study position in their field in addition to proof that your business utilizes a minimum of three scientists and has actually achieved accomplishments in the research study field. These are typically quite significant plans of proof and documents that attorneys assemble.

Similar to any application or petition, retain clear guidance due to the fact that small errors on the I-140 permit petition can delay or perhaps hinder a case. For instance, make certain you utilize the most recent edition of the essential forms. Make certain the proper pages are checked in blue or black ink by the suitable celebrations, keeping signatures inside package so it can be scanned. Make sure your company sent the correct filing fee quantities and premium processing cost, if applicable. Submit the application package to the right address and make sure it can be tracked.

To answer your last question, yes, your business can sponsor a candidate for more than one green card to improve the chances of getting one.

Both the EB-1A permit for people with amazing capability and EB-2 NIW (National Interest Waiver) for people with remarkable ability do not require employers to go through the lengthy PERM labor accreditation process. They have rigorous requirements. Have a look at this introduction on those 2 green cards and how to prepare.

Three other green card alternatives have less rigid requirements than the EB-1A and EB-2 NIW, but require PERM labor certification:

For more information on the PERM labor accreditation process, check out my podcast on the subject.

Let me know how things turn out.

Good luck!


Have a concern? Ask it here. We reserve the right to modify your submission for clearness and/or area. The information offered in “Dear Sophie” is general info and illegal advice. To learn more on the constraints of “Dear Sophie,” please view our complete disclaimer here. You can call Sophie directly at Alcorn Migration Law.

Sophie’s podcast, Immigration Law for Tech Startups, is readily available on all significant podcast platforms. If you wish to be a visitor, she’s accepting applications!

Article curated by RJ Shara from Source. RJ Shara is a Bay Area Radio Host (Radio Jockey) who talks about the startup ecosystem – entrepreneurs, investments, policies and more on her show The Silicon Dreams. The show streams on Radio Zindagi 1170AM on Mondays from 3.30 PM to 4 PM.