I’m currently on L1-A and my company would not sponsor GC for me. My wife is currently working in a company under L2 visa (EAD). I heard that her employer can file her GC. She is a Master in Electrical + 3 Yrs of experience and is working in the IC design field which requires a Master’s degree. Questions are
- Which category can her employer apply her GC?
- During any of the stages in GC processing if I had to leave US, can my wife still continue her job since her GC is under process?
- For the above mentioned category in California, how long does it take to process the GC?
For a list of possible employment-based immigrant categories, go to:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=84096138f898d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=2f719c7755cb9010VgnVCM10000045f3d6a1____.
Without detailed knowledge of your wife’s qualifications and job description, it impossible to say definitively what category best fits your wife’s situation. You should therefore consult an immigration attorney. However, based on the limited information in your post, it appears as though your wife’s employer may sponsor her for an EB-2 as a "member of the professions with an advanced degree or one with exceptional ability in the sciences, arts or business." The form to be filed is the I-140.
To qualify in this immigrant category, the foreign national must have a U.S. advanced degree or the equivalent, a bachelor’s degree and at least five years of post-bachelor’s experience in the specialty, or meet at least three listed criteria showing exceptional ability.
Your wife’s employer must first obtain a labor certification. However, your wife may fall under what is called a “Schedule A” exception and so her employer may not be required to go through the extended labor certification process. Check with an immigration attorney familiar with your wife’s qualifications and job description.
If for some reason your wife’s employer is unwilling to sponsor her, note that foreign nationals with "advanced degrees or exceptional ability in the sciences, arts or business" may self-sponsor by seeking a National Interest Waiver (NIW). They must show that their admission to permanent residence would be in the national interest. NIW applicants will be successful if their entrance would benefit the economy, culture, welfare or educational interests of the U.S. This is difficult to show and should not be undertaken without the assistance of an immigration attorney.
According to this month’s visa bulletin, applications for this employment-based category fall in the “current” category, unless your spouse is from China or India. This means a visa number is currently available for your wife and you she may be eligible to file for adjustment of status concurrently with the I-140. You can check the visa bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html. Again, check with an immigration attorney as things are always changing.
Your application will likely be filed at the Nebraska Service Center — again check with an attorney at the time of filing. Currently, the Nebraska Service Center is processing applications filed in March 2008 if employer sponsored. Premium processing is also available — her company must pay a $1,000 fee for this. They are currently processing self-sponsoring NIW applications filed in July 2007. You can check the processing times at https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC.
Regarding leaving -- it is imperative that you check with an immigration attorney before you do anything that may affect your status. Your wife’s status is dependent on yours, so if you leave your job and terminate your L-1 status or if your L-1 status expires, then her status may also terminate/expire. Timing is a very delicate issue in these applications, especially if a Labor Certification is required, and so consulting an immigration attorney is absolutely imperative. Good luck!
