Can we sponsor an H-1B college researcher for an EB-1B inexperienced card? – TechCrunch


Right here’s one other version of “Expensive Sophie,” the recommendation column that solutions immigration-related questions on working at expertise firms.

“Your questions are very important to the unfold of information that permits folks 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 folks ops, a founder or searching for a job in Silicon Valley, I might like to reply your questions in my subsequent column.”

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Expensive Sophie:

Our firm is contemplating sponsoring a job candidate for an EB-1B inexperienced card. She presently has an H-1B analysis place at an American college. How lengthy does the EB-1B course of take? What can we do to maximise our possibilities for approval? Might we sponsor her for a couple of inexperienced card to enhance her possibilities?

— Passionate in Pleasanton

Expensive Passionate,

Thanks to your questions. The state of affairs you describe is difficult, in order at all times, please seek the advice of with an skilled immigration lawyer to discover your organization’s choices in additional element. In a current podcast, I discuss how tech firms can use the EB-1B inexperienced card to draw and retain researchers. In a nutshell, sure, you possibly can rent her, and sponsor her for a couple of inexperienced card concurrently. Right here’s how.

The time it takes for a candidate to obtain an EB-1B inexperienced card will depend on their nation of start. In case your candidate was born in China or India, she faces ready a number of years for an EB-1B inexperienced card except she already has a precedence date. For candidates born in some other nation, the EB-1B inexperienced card course of might nonetheless take near a 12 months or extra even when the I-140 inexperienced card petition and I-485 adjustment of standing kind are filed collectively or if the I-140 petition is filed with premium processing. Regardless, to ensure that the candidate to stay within the U.S. to reside and to begin working for you within the quick time period whereas your organization pursues an EB-1B inexperienced card, your organization would want to sponsor her for an H-1B or O-1A within the interim.

Earlier than I am going into extra element in regards to the necessities for the EB-1B inexperienced card and what it takes to submit a powerful EB-1B petition, listed below are some issues to bear in mind:

  • For the reason that candidate works for a college, she seemingly has a cap-exempt H-1B, which signifies that the H-1B was not topic to the annual numerical cap and lottery. Sadly, a cap-exempt H-1B can solely be transferred to a different cap-exempt employer, reminiscent of one other college, a nonprofit, or a authorities analysis group. Your organization might want to sponsor the candidate for a brand new, cap-subject H-1B by registering her for the lottery subsequent March. If the candidate is chosen within the lottery and the H-1B petition is accredited, the earliest she will be able to begin working for you’d be Oct. 1, 2021. Alternatively, we will work with you to discover choices for different cap-exempt H-1Bs that you could get any time of 12 months.
  • If the job candidate was born in China or India and her present employer is sponsoring her for a inexperienced card, she could possibly retain her precedence date, or place in line for a inexperienced card, when your organization sponsors her for one.
  • With restricted exceptions, the U.S. has stopped issuing inexperienced playing cards and H-1B visas to people outdoors of the U.S. at the least by way of the tip of the 12 months beneath President Trump’s proclamations, so the candidate ought to attempt to stay in authorized standing within the U.S. with out departing.

To sponsor a person for an EB-1B inexperienced card as a non-public firm (and never a college), your organization should already make use of at the least three full-time researchers and present accomplishments within the discipline of analysis. Your organization should present that the EB-1B candidate has been acknowledged for distinctive achievement in her or his discipline of analysis.

The candidate should have at the least three years of analysis expertise and should meet two of the next standards:

  • Has acquired main prizes or awards for excellent achievement.
  • Belongs to associations that require excellent achievement.
  • Work or analysis has been written about in skilled publications or different main media.
  • Has judged the work of others both alone or whereas serving on a panel.
  • Contributed authentic scientific or scholarly analysis of their discipline.
  • Authored scholarly books or revealed articles.

It’s just like an EB-1A however a little bit bit simpler.

After working with counsel to find out the 2 qualifying standards to concentrate on, be certain that your organization and the candidate assemble sturdy, compelling proof and documentation. Complement that documentation with letters of endorsement from specialists within the candidate’s space of experience. Understand that U.S. Citizenship and Immigration Companies (USCIS) evaluates the EB-1B petition primarily based on whether or not enough proof is submitted to assist two of the standards and the standard of the proof that signifies the candidate is excellent of their discipline. As typical, any paperwork in a overseas language have to be translated and authorized.

Your organization might want to embody the job supply letter indicating the intention to make use of the candidate in a everlasting analysis place of their discipline along with proof that your organization employs at the least three researchers and has achieved accomplishments within the analysis discipline. These are often fairly hefty packages of proof and paperwork that attorneys assemble.

As with every utility or petition, retain clear steerage as a result of small errors on the I-140 inexperienced card petition can delay and even derail a case. For instance, be sure to use the newest version of the required varieties. Ensure the right pages are signed in blue or black ink by the suitable events, maintaining signatures contained in the field so it may be scanned. Ensure your organization submitted the right submitting payment quantities and premium processing payment, if relevant. Submit the applying packet to the right tackle and ensure it may be tracked.

To reply your final query, sure, your organization can sponsor a candidate for a couple of inexperienced card to enhance the possibilities of receiving one.

Each the EB-1A inexperienced card for people with extraordinary capability and EB-2 NIW (Nationwide Curiosity Waiver) for people with distinctive capability don’t require employers to undergo the prolonged PERM labor certification course of. Nevertheless, they’ve rigorous necessities. Try this overview on these two inexperienced playing cards and easy methods to put together.

Three different inexperienced card choices have much less stringent necessities than the EB-1A and EB-2 NIW, however require PERM labor certification:

For extra particulars on the PERM labor certification course of, take a look at my podcast on the subject.

Let me understand how issues prove.

Good luck!

Sophie


Have a query? Ask it right here. We reserve the appropriate to edit your submission for readability and/or house. The data supplied in “Expensive Sophie” is basic info and never authorized recommendation. For extra info on the constraints of “Expensive Sophie,” please view our full disclaimer right here. You possibly can contact Sophie immediately at Alcorn Immigration Regulation.

Sophie’s podcast, Immigration Regulation for Tech Startups, is out there on all main podcast platforms. When you’d wish to be a visitor, she’s accepting functions!



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