How do we transfer a candidate’s H-1B and Green Card? – TechCrunch

Here is another issue “Sophie Sophia”

“Your questions are critical to expanding the knowledge that people around the world can go beyond their borders and develop their dreams,” said Sophie Alcorn, an immigration lawyer in Silicon Valley. “Looking for a job in Human Ops, Founder or Silicon Valley, I would like to answer your questions in the next column.”

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Dear Sophie,

My startup must hire an AI professional, and our top candidate has a complicated immigration situation. She is from India and has been on H-1B for more than six years. Her current employer applied for an E-2 green card in her name four years ago during the PERM process. She has been waiting for a green card number since it was approved and says it could take many more years before it is accepted.

She is asking us to transfer her H-1B and Green Card to our organization. Can we do it? Are there more options to keep her?

– Promoting AI

Expensive growth,

Thank you for your inquiries. Before I get into the answers, let me provide some context to help you better understand why your future employer and thousands of others are waiting for your green card for years to come.

The United States issues a number and national cap on green cards issued each year, and unfortunately, it punishes individuals with high immigration status, such as India and China. But since 2000, U.S. competition has allowed immigrants to continue with the 21st century law – or AC21 – that is a six-year-old H-1B maximum of contribution and innovation, which provides them and their families with a stable modem.

AC21 provides some stability

AC21 H-1B allows you to extend your visa for more than 6 years if you are granted a green card but have to wait for a green card number. The law makes it easier for H-1B holders to change jobs without losing their place in the green card line if their green card adjustment application is pending for at least 180 days.

The U.S. Immigration Act limits the total annual number of green card-based green cards to 140,000. Citizen-issued green cards are limited by 7% – or 9,800 green cards – per year. I am a strong supporter of breaking the national barriers to creating a market-based immigration system.

Now that you have some context, let’s answer your questions.

Is it possible to transfer H-1B and Green Card?

Yes, your employer’s H-1B visa can be transferred to your company. However, there are several considerations.

Image thanks Joanna Bunak / Sophie Alchorn (Opens in new window)

Her EB-2 (Advanced Degree or Special Skills) Green Card cannot be transferred to your company – or “installed” – it looks like. To submit a green card, the final step in the green card process must be a pending application with the US Citizenship and Immigration Service (USCIS). At least 180 days.