Dear Sophie: Can we sponsor an H-1B university researcher for an EB-1B green card? – TechCrunch

How long does the EB-1B process take? What can we do to maximize our chances for approval?

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To sponsor an individual for an EB-1B green card as a private company (and not a university), your company must already employ at least three full-time researchers and show accomplishments in the field of research.

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 company pursues an EB-1B green card, your company would need to sponsor her for an H-1B or O-1A in the interim.

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies. “Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column. “Dear Sophie” columns are accessible for Extra Crunch subscribers; use promo code ALCORN to purchase a one- or two-year subscription for 50% off.

For candidates born in any other country, the EB-1B green card process could still take close to a year or more even if the I-140 green card petition and I-485 adjustment of status form are filed together or if the I-140 petition is filed with premium processing.

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

Our company is considering sponsoring a job candidate for an EB-1B green card.

Dear Sophie: Can we sponsor an H-1B university researcher for an EB-1B green card?

If your candidate was born in China or India, she faces waiting several years for an EB-1B green card unless she already has a priority date.

Dear Sophie: Can we sponsor an H-1B university researcher for an EB-1B green card?

In a recent podcast, I talk about how tech companies can use the EB-1B green card to attract and retain researchers.

The time it takes for a candidate to receive an EB-1B green card depends on their country of birth.

Citizenship and Immigration Services (USCIS) evaluates the EB-1B petition based on whether sufficient evidence is submitted to support two of the criteria and the quality of the evidence that indicates the candidate is outstanding in their field.

Your company will need to include the job offer letter indicating the intention to employ the candidate in a permanent research position in their field in addition to evidence that your company employs at least three researchers and has achieved accomplishments in the research field.

Both the EB-1A green card for individuals with extraordinary ability and EB-2 NIW (National Interest Waiver) for individuals with exceptional ability do not require employers to go through the lengthy PERM labor certification process.

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