A few months ago, a couple living in Chicago scheduled a legal consultation with us. Born in China, they had become Canadian citizens. Entrepreneurs, they decided to start a restaurant and employ U.S. workers. The husband who owned the restaurant was granted an E-2 visa as a Treaty Investor. His wife obtained an E-2 dependent visa which allowed her to work for other employers.
The wife got a job as a chef in another restaurant. The owners were pleased with her work and decided to sponsor her for a green card. Eventually, both a PERM application and an I-140 visa petition were approved. When her priority date became current under the EB-3 category for China, their attorney submitted applications for adjustment of status for both the wife and her husband.
A couple of years later, the petitioning restaurant went out of business, and the wife started working as a chef at her husband’s restaurant.