I have a US employer with whom I've been working remotely as a contractor for a few years.
I'm currently considering getting sponsored for EB-2 visa (I hold an advanced degree), so I could move to US.
In case I get hired for a full-time position by the employer, can he sponsor EB-2 visa for me? How long would it roughly take with premium processing? What is the best option: change status from B1/B2 visa when the green card is ready or obtain EB-2 in a foreign consulate?
Can this employer sponsor you? Yes, perhaps ... it should be reviewed by his immigration lawyer ... there are many 'hidden't traps/aspects to those papers.
Premium processing can be done for the EB-2 ... AFTER the PERM has been approved. This process can take 1-4 years, maybe more, depending on what country you are from.
Ask to talk to his immigration lawyer.
No lawyer? ... don't bother with him.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Procedural timeline depends on the country of birth.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
Any willing and able "employer" can "sponsor" a foreign national, whether here in the USA or abroad. Whether that "EB" sponsorship will ultimately be successful, however, will depend on many factors, concerning both the employer, the job offer/description, the foreign national's qualifications; and etc., none of which are available to us here. Both you and your employer need to make sure to work with an experienced lawyer.
The "EB" process is comprised of three (3) distinct processes:
1. The "labor certification application" ('PERM") process filed by the employer: takes approx. 4-5 months to properly conduct the "recruitment campaign" for the job position offered, i.e. "testing" the US employment market and making sure that there are no "US workers" that are "qualified, willing and able" to fulfill the "minimum requirements" of a the "job offer" (no easy task, believe you me, if the "job duties" not properly constructed, close to a thousand qualified applicants will knock on "employer's" door..). Once recruitment concluded, employer files the ETA Form 9089 LC application. Will take DOL approx. 6+ months to process and approve, unless targeted for an "audit", in which case another 6 months will be lost.
2. Once the LC is approved, then employer files a Form I-140 immigrant petition with USCIS. Takes 6 months to process, unless file under "Premium": there 15 days for a "response", which in 50% of cases is not an "approval", but simply a "request for further evidence", which could take months to sort out and properly respond to.
3. Unless born in India, or other "backlogged" country, concurrently with the I-140 above, you, the beneficiary can apply for Form I-485 "adjustment of status" (to permanent residence, i..e "green card") if you happen to be in the USA in valid status. The I-485 AOS process can take 6 month (or more) by itself, and there is no "Premium Processing Service". If you happen to be abroad, then will have to wait until the approval of the I-140 before can apply for the "immigrant visa" abroad, which can easily take 6-10 months, unless native of a chronically backlogged country like India..
"Best option"? Needs to be discussed with an experienced attorney in private, during a Skype consultation. For now just know this: to come in into the US with the intention to "change status" to... EB I-485 constitutes visa fraud, and I don't see how you would even obtain a B-1/B-2 with an I-140 pending..
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
An employer may sponsor you for a green card whether you are in the US or abroad. Entering the US on B1/B2 with intent to obtain the green card is considered immigration fraud. Consult an immigration attorney.
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