Will a doctor get a green card faster than an engineer? – Nob6

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 enables folks 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 folks ops, a founder or looking for a job in Silicon Valley, I’d like to answer your questions in my subsequent column.”

Nob6+ members obtain entry to weekly “Expensive Sophie” columns; use promo code ALCORN to buy 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 accredited about three years in the past, however I’m nonetheless ready for a inexperienced card quantity. My spouse obtained her employment authorization and has been working as a health care provider since then.

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

— Humble Hubby

Expensive Humble,

My deepest because of your spouse for offering healthcare companies through the pandemic. I admire you, your spouse, and the entire people who’ve the grit and willpower to begin a brand new life in the US 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.

Sometimes, they apply for an EB-1A extraordinary capacity 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 less complicated to qualify for than the EB-1A, however often has an extended wait time.

In your spouse’s case, the important thing might be to determine which inexperienced card she could be a robust candidate for, and whether or not the processing and wait time could be shorter than the remaining wait time on your inexperienced card quantity. An immigration lawyer will help decide the very best path ahead for you and your spouse based mostly in your circumstances and her {qualifications}.

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

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

Geared toward people whose subject of experience and work is taken into account to be essential 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 out there to simply accept jobs supplied to inexperienced card candidates, and that using the inexperienced card candidates gained’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 most definitely sure. As you already know, the wait time for an EB-3 inexperienced card is especially lengthy for people who have been born in India due to the annual limits and the per-country caps on inexperienced playing cards. Because of this I’ve lengthy advocated eliminating the per-country caps on inexperienced playing cards and was thrilled when President Biden listed it as one among his legislative priorities.