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Can H-1B be bypassed for green card if grad is sponsored?

On Behalf of | Sep 8, 2020 | Employment Immigration

Residents and businesses in California may be interested in learning about how one can bypass the H-1B lottery and an organization that is sponsoring a recent grad for her green card. There are ways for employers to keep bright, recent graduates who have not yet built up work experience or the necessary credentials.

In a recent article, a Silicon Valley immigration attorney provides some advice. She provides information on ways businesses can sponsor recent graduates for green cards.

Very competitive lottery

Some green card applications involve employees who are very outstanding in their field. Some companies have taken a different path by sidestepping the H-1B visa and directly pursuing a green card. Since the lottery is very competitive, and a moratorium has been put in place until the end of 2020, it may be very difficult for someone to obtain a green card unless the work involves the food chain or is essential to the United States.

PERM first, then Green Card

Usually, an employee first goes through a Program Electronic Review Management (PERM) labor certification process before submitting a green card petition. It must also be proven that no U.S. employee can fill the position, which may involve an employer:

• Creating a job recruitment website

• Utilizing an employment firm

• Holding a job fair

• Offering incentives for employee referrals

• Posting at a career placement center

The recruitment process involves determining if a suitable U.S. candidate can be hired. You may need to place ads in Sunday editions of the newspaper and more. You should speak with your legal team as well as a qualified employment immigration attorney.

Employment immigration is a complex issue, and the assistance of a knowledgeable attorney may be valuable to an organization that wishes to benefit from a bright and valued employee. Retaining an experienced lawyer with knowledge of immigration law might be a wise decision.