shiversaint

Can anyone shed light on whether someone who is residing in the US on an E2 visa as an essential employee (so not the original E2 applicant) can be sponsored by the company that the original E2 applicant started for an EB-3 class visa?

I'm pretty certain the original E2 applicant cannot do this as they would be in a sense sponsoring themselves, but I can't get my head around whether an essential employee would be subject to the same restriction?

Thanks in advance

S Folinsky

As a general rule, yes. The details can vary.

As for your second paragraph, it may not be true depending upon the facts.

Consultation with an attorney well versed in employment based immigration law is in order.

Steve_

Yeah they can, I can think of cases where I-140s are filed by foreign companies for people for their US office so the principal is essentially the same, they're lawfully present, the company is in the US so there's no reason why they can't file an I-140 for an employee.

The real problem is that it is obviously a convoluted process so you need to be sure the business will actually exist long enough. Technically you're supposed to carry on working at the same place for the same company in the same position for 2 years after AOS is approved, which can be tricky if it's a small business. Up until recently I would have said not to worry about it but USCIS is engaged in a major "report fraud" campaign at the behest of Trump so it could be an issue.

Olly_

Where is that specified?

S Folinsky

I do not believe it is. That said, there are fact patterns which are problematical. But there is no distinct time frame.

neill

Legally, the job has to exist for the beneficiary at the time of the I-485 adjudication. That's the only rule. Some think it could negatively impact a naturalization application further down the road if the beneficiary walks away from the petitioner very shortly or immediately after getting a GC.

S Folinsky

In the case of adjustment of status, there are circumstances where the individual job is no longer available at time of adjudication but the applicant is engaged in the same occupation for another employer.

shiversaint

This is great info, thanks all. The 2 year thing wouldn't be an issue for me but clearly it would seem I might as well get this moving at the first opportunity.