How can we transfer a candidate’s H-1B and green card? – Nob6

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

“Your questions are important to the unfold of information that enables individuals all around the world to rise above borders and pursue their desires,” 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 might like to answer your questions in my subsequent column.”

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Pricey Sophie,

My startup wants to rent an AI professional, and our high candidate has a sophisticated immigration state of affairs. She’s from India and has been on an H-1B for greater than six years. Her present employer utilized for an EB-2 inexperienced card on her behalf about 4 years in the past via the PERM course of. She’s been ready for a inexperienced card quantity since she was accepted and says it could take a number of extra years earlier than she receives it.

She is asking us to switch her H-1B and inexperienced card to our firm. Can we do it? Do we have now further choices to retain her?

— Advancing AI

Pricey Advancing,

Thanks for reaching out to me along with your questions. Earlier than I dive into the solutions, let me present some context that can assist you higher perceive why your potential rent and 1000’s of others face a number of years’ await a inexperienced card.

The USA locations numerical and per-country caps on inexperienced playing cards issued every year, and, sadly, penalizes people from international locations with excessive ranges of immigration, akin to India and China. However since 2000, the American Competitiveness within the twenty first Century Act — or AC21 — has allowed immigrants to proceed working, contributing and innovating past the six-year typical H-1B most, giving them and their households a modicum of stability.

AC21 offers some stability

AC21 lets H-1B holders lengthen their visa past the utmost six-year keep if they’re accepted for a inexperienced card however want to attend for a inexperienced card quantity to turn into obtainable. The Act additionally makes it simpler for H-1B holders to modify jobs with out shedding their place within the inexperienced card line if their inexperienced card adjustment software has been pending for at the very least 180 days.

U.S. immigration legislation limits the entire variety of employment-based inexperienced playing cards issued every year to 140,000. The variety of employment-based inexperienced playing cards issued to the residents of every nation is capped at 7% — or 9,800 inexperienced playing cards — yearly. I’ve lengthy been a powerful proponent of eliminating the per-country cap to create a market-based method to immigration.

Now that you’ve got some context, let’s handle your questions.

Can an H-1B and inexperienced card be transferred?

Sure, your potential rent’s H-1B visa could be transferred to your organization. Nonetheless, there are a number of concerns.

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

It seems like her EB-2 (both superior diploma or distinctive means) inexperienced card can’t be transferred — or “ported” — to your organization. To port a inexperienced card, the candidate’s Form I-485 adjustment software, which is the final step within the inexperienced card course of, will need to have been pending with U.S. Citizenship and Immigration Providers (USCIS) for at the very least 180 days.