Immigration Issues/L2 to Green Card.

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Question
Hi Mark,

My wife is on L2 visa and has US working rights through EAD
1)Can her 'to-be' employer sponsor GC?
2)Is this scenario anyways different than GC processing say for example for H1B, L1 candidates?
3)Is it purely on employer's discretion that it does this in either EB1/2/3 category (obviously this would be based on candidate's job experience / importance etc)? I mean for L2 cases is there any rule that one category is not applicable.

Best Regards,
Anurag.

Answer
Anurag,
1.  Yes.
2.  No.
3.  If the GC is sponsored by the employer then it would be based upon his decision which category to sponsor the employee.  However, depending upon the the applicants qualifications, the alien could file either an EB1a or an EB2 NIW without the consent of his employer.  I have helped many of my clients file for GC without the employers help.  I would be happy to evaluate your credentials if you would forward me an updated CV to mark@ashleykrishnan.com.
Good Luck
Mark Ashley
www.ashleykrishnan.com

Immigration Issues

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Mark Ashley

Expertise

Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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