Expensive Sophie: Will a physician get a inexperienced card quicker than an engineer?

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

“Your questions are important to the unfold of information that permits individuals all around the world to rise above borders and pursue their goals,” says Sophie Alcorn, a Silicon Valley immigration legal professional. “Whether or not you’re in individuals ops, a founder or looking for a job in Silicon Valley, I’d like to answer your questions in my subsequent column.”

TechCrunch+ members obtain entry to weekly “Expensive Sophie” columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.

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 physician since then.

Can she apply for a inexperienced card? Will she get a inexperienced card sooner given her occupation? If she applies for a inexperienced card, what occurs to my inexperienced card?

— Humble Hubby

Expensive Humble,

My deepest due to your spouse for offering healthcare companies in the course of the pandemic. I recognize you, your spouse, and the entire people who’ve the grit and willpower to start out a brand new life in the USA and make our nation sturdy and vibrant within the course of.

Now, let’s dive into your questions.

Can my spouse apply for a inexperienced card?

Sure, undoubtedly! Your spouse can apply for a inexperienced card in parallel to your inexperienced card efforts. We’ve got many married purchasers who use this technique to extend their probabilities and probably get a inexperienced card quicker. We even have a number of particular person purchasers who apply for 2 totally different inexperienced playing cards in parallel.

Usually, 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 often has an extended wait time.

In your spouse’s case, the important thing will probably be to determine which inexperienced card she can be a powerful candidate for, and whether or not the processing and wait time can be shorter than the remaining wait time to your inexperienced card quantity. An immigration legal professional may also help decide the very best path ahead for you and your spouse primarily based in your circumstances and her {qualifications}.

A composite image of immigration law attorney Sophie Alcorn in front of a background with a TechCrunch logo.

Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a new window)

With the significance of healthcare in the USA, your spouse could also be a powerful candidate for the EB-2 NIW. That is certainly one of two inexperienced playing cards that don’t require an employer sponsor, which suggests your spouse may self-petition if her employer is just not prepared to take action.

Geared toward people whose subject of experience and work is taken into account to be vital 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 an advanced degree or exceptional ability, and the inexperienced card your organization sponsored you for, the EB-3, for expert employees and professionals.

PERM, which stands for Program Digital Overview 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 employees are certified and accessible to simply accept jobs supplied to inexperienced card candidates, and that using the inexperienced card candidates received’t adversely have an effect on the wages and dealing circumstances of American employees.

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 almost certainly sure. As you already know, the wait time for an EB-3 inexperienced card is especially lengthy for people who had been born in India due to the annual limits and the per-country caps on inexperienced playing cards. This is the reason I’ve lengthy advocated eliminating the per-country caps on inexperienced playing cards and was thrilled when President Biden listed it as certainly one of his legislative priorities.

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