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Hi Peter thanks for this.

I'm European and I live and work in the USA (L-1B visa, no green card).

If my company sponsors a green card application, how long is the process? If they don't, what's the easiest option for me to move and work here permanently (including the right to change company, which I don't have now)?



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It's not that easy.

Even if you already work for a US company, and that company is willing to sponsor you, and you win the visa lottery, it can take years to move to the US, and many years after that to get a green card. And at any point something could go wrong, your company screws up paperwork or something, and you get sent back to the start.


Hi Peter, I'm a software engineer and have the opportunity to relocate to the US from Europe with a company transfer visa (been working for a US company for more than a year). Supposing I get laid off once I'm there, what are the options to stay in the US? generally speaking, how long would it take to get a green card?

It depends a lot where you are from and what citizenship do you have.

If you are from Canada, some countries in the UE and a few others, it is pretty easy. You can even apply for the work permission when arriving in the USA.

For other countries, you have to find a job an go through the H1-B process (expensive for the company) and that can take a few months. Waiting for the green card will take even longer (4 or 5 years).

So most people that I know that came to the USA, they got a job in a large company (microsoft, etc) that applied for their H1-B. After arriving to the US, they applied for the green card themselves.

hope it helps..


- I'm an international student in the US

- I'm going to start working full-time for a big US tech company.

- I'm a citizen of a European country that requests a very small number of green cards.

Assuming I can get an H1B visa, how long does it usually take to get an employer-sponsored green card, from the time of filing of said green card?


- I'm an international student currently in the US on F1

- I'm going to start working full-time for a big US tech company.

- I'm a citizen of a European country that requests a very small number of green cards.

Assuming I can get an H1B visa, how long does it usually take to get an employer-sponsored green card, from the time of filing of said green card?


This is lousy advice. It's not as if just anyone can "apply for a green card". You need to have a sponsor who is either a relative and US citizen, or you are already employed by a US company on a work visa and they are willing to sponsor your green card application. (I am in the second category.)

Even if you have an employer willing to sponsor your green card application, the preliminary paperwork can take over a year before you're officially in the green card pipeline. How long you have to wait depends on your country of origin. Canadians can expect to wait at least two years, Indians and Chinese five years or more. But the kicker is that if you lose your job or change companies while you're in the pipeline, the whole process restarts! (Unless you're in the final stage, but that's comparatively short compared to the whole process.) That is, if you can find a new job. If you can't, you have to leave the US.

The US is unique among western countries in not have a way for skilled immigrants to get into the country unless they first have a sponsor. The US work visa program effectively creates a class of indentured laborers as their continued residency in the US is entirely dependent on their employers.


[replying to deleted child comment]

> Sponsored green cards take like 1.5+ years to process, so someone could be OPT the whole time but the employer would have to get the application rolling quickly after hiring or else risk their employee having to go back to their home country for some period of time when OPT runs out and the green card is approved.

Add to that:

1. Some (many?) companies do not file for green cards right away, because they like to keep their employees tied down with an H1-B. I think my employer has a policy of not applying for a green card until the employee has 5 years or service or something.

2. IIRC, there are country-based quotas for employment-based green cards, so it could take very much longer than 1.5 years to get one. E.g. I think it can take 10+ years for an Indian to get one. Though I think having an active application for one is enough to stay in country for H1-B holders (though I'm even less sure about OPT holders).


I am in the US on a H1-B visa, and my employer is starting the process of sponsoring me for a green card. I was born in the UK. Is this likely to succeed, and is there an estimated time it takes to be selected?

Dear Sophie,

I’m a software engineer who is currently on an H-1B. My employer sponsored me for an EB-2 green card and my application has been approved, but I’m still waiting for a decision on my application to register for permanent residence.

I want to leave my employer and do something completely different. Can I transfer my green card to another employer in a different field and position or should I stick it out in my current position until I receive my green card?

If I should stick it out, how long should I stay with my current employer after I receive my green card?

— Craving Change

Dear Craving,

As my dad (also an immigration lawyer) would always say, here is one of those classic lawyers’ answers: “It depends.” It’s so exciting when a company is willing to sponsor you for a green card, but things can change fast, especially in the Valley. The past couple of years has been a time of self-reflection and reassessment as many have reassessed their own careers and considered pivots. Thanks for reaching out and here’s an overview of some of the general options!


Sponsored green cards take like 1.5+ years to process, so someone could be OPT the whole time but the employer would have to get the application rolling quickly after hiring or else risk their employee having to go back to their home country for some period of time when OPT runs out and the green card is approved.

Actually, as an executive of a company that opens a subsidiary in the states (in case your startup is a success and decide to expand there) you can apply for the L-1A visa which can fast-track you to get the green card (we are talking 6-9 months instead of 8 years).

There are other options available to you as a director/executive, so definitely check with an immigration lawyer if you ever want to go back.


Are you aware of the total time it takes to sponsor someone's green card through employment and get them to the US ? It's a multi-step process involving DOL USCIS DOS with each step taking 6 months or more. If the employee is from a non-backlogged country you're looking at 1.5-2 years at a minimum. India is multiple decades longer.

I don't think any company will wait that long for a single hire.


Speaking of which, what's the move like? Can a company sponsor a green card if they like the candidate enough? How does this work?

Yes, I'm one of those people you're talking about.


Expect 2-4 years.

Faster if your company has a really good process and nothing goes wrong (e.g. your qualifications are good, no company policy of waiting for 6 months after coming to the US before starting the green card process, the law firm and your management chain are super responsive with documents, the prevailing wage determination is already done independently of your case, there are no layoffs of your colleagues that would reset/pause your progress, you pass the labor market test on the first try, no audits and you get lucky with when USCIS picks up your petitions, there are no US government shutdowns, the next administration doesn't cut funding or tighten the rules, you don't need a second biometrics appointment, you don't complicate the process by moving or marrying at an inopportune time, the company does premium processes where possible etc.). Slower otherwise.

Expect to renew the L visa to the maximum of 5-6 years.

On L you cannot change jobs. If you get laid off, that's it. Make the company enter you into the H-1B lottery every April until you win it or had I-140 approved for 6 months. Also enter the Diversity Lottery.

There will be a lot of things outside your control. There is no guarantee things will work out. It's still worth it; worst case you're back to where you started with a great CV item, some cash and some talking points for your therapist.


Hi Peter,

I've received my green card through my sponsor company 2 months ago. (It's a highly reputable fortune 100 company and I am building their core web product)

And I have a project that's getting traction and really want to leave the company and commit full time to it.

But everything on the web says I need to wait at least 6 months before leaving the company after I receive green card, otherwise they can kick me out for fraud when I apply for citizenship later. But some people also say this is just a myth.

So the question: Is this true and I am stuck with this company for next 4 months even though I really want to go full time on my project? Any ways to get around this? Thanks!

p.s. I know this is not a type of question that you may be interested in answering since it's a minority case, but I would really appreciate at least a one line comment on what you think (or even saying it's not something you can answer). It looks like it's not just me, at least 6 people are interested so far, we will all be grateful to hear from you!


I'd say sponsoring for a green card is usually not a good move for an employer, as the employee will have more freedom to change jobs once he gets the green card. Also it's a very long and costly process.

They'd have to really want to keep the employee, and to have exhausted all other visa options.


The only thing now is to ask your company to sponsor your green card as soon as you can. They might want to postpone it for a few good years but it is up to you to negotiate.

Are you aware how long a Green Card application takes to be approved, and that you cannot switch employers once the application is underway? Take some time to talk to your colleagues from abroad and learn how fucked up the system really is.

I'd love to move, but getting a green card is a nightmare.

I don't want to work for 5 years trapped with one employer and facing deportation with a matter of weeks if I lose my job, on an L-1 visa (and to do that I'd still have to find a position to move to in my company).

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