international student with pending green card
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What is your current status - F1 or do you have a work visa or similar? Also, have you used your CPT or OPT yet? Since you are already in the US I am assuming you have filed the EB5 i-526 abroad via consular filing and are awaiting adjudication now. The timeline you mentioned would line up with this process, please correct me if I am wrong. Once approved you can adjust your status to a "conditional permanent resident" (and then apply for your green card). Alternative: apply for an immigrant visa from abroad (but not required if you have a lawful status currently) Do you know when your graduation date will be and when you'll start interviewing?
The US employer is going to ask you whether you will need sponsorship either now or in the future - if you are applying right now, the answer would be YES and they will probable put you in the intl. pile with requirement for sponsorship. Some employers will ignore this pile, some won't. There is no point in stating you don't need sponsorship since they will need the paperwork anyway (which you don't have).
If you are on F-1: You could explain the CPT/3 year OPT path to them and promise that the permanent residency will come through in the mean time (in case they/you want to make the employment permanent or in case they don't hire non LPRs). Best of luck!
edit: This whole process depends on many factors of the project you are financing, the regional center, other applicants and whether they were approved, the country of origin and so much more. IMO you should really ask your immigration attorney detailed questions and figure out how this can work out. The timeline in the immigration process is unfortunately a bit awkward that you would need to wait for the approval, then wait for the immigrant visa number to become available, then apply the i-485, another 3 months later you could apply for a temporary work permit and travel auth, and THEN months later you would still have to interview with the authorities! This is a long time if you compare this to a job interview process. I do not know if it would be faster to go via a NVC from abroad.
Thank you so much for your input! I'm currently on F1 visa, and I'll be a junior in this fall. I haven't used either CPT nor OPT. Your assumption is correct. I'm waiting for the approval of I-526, which I filed abroad via consular filing. I'll be applying for 2019 SA internships very soon and I'm quite certain my conditional green card would come out before the internship. Would it be unlawful to say I do not need sponsorship when I apply for 2019 SA positions? The internship itself doesn't require H1B, and the expected green card issuance in this fall/winter would obviate the need for H1B.
If I apply for internship soon (for 2019 SA positions), I'll likely be interviewed within net 2 months. I'll be graduating in May 2020. I'm 41st investor in the project, and i-526 of 38th investor, who filed 10 months prior to me, was approved last December. I'd very appreciate if you could enlighten me on the situation I'm in, given the additional info. Thanks!
SA should be classified as an internship, the easiest way is using CPT for off-campus work. There IS paperwork to be filed under SEVIS and CPT is a work authorization.
The important stakeholder for all things like this is your university initially, not the employer! Talk to your intl. department and mention your plans, they should know all about this. edit: In fact, your university has to approve CPT anyway, there is no way to exclude your school from your plans. But they are the best business partner on this matter since they are there to help you.
part time: 20 hours or less per week full-time: 20+ hours per week DO NOT work full time on CPT for 12 months or you could eliminate your OPT.
So IMO I would interview and say you have work authorization from your school. Educate yourself and explain it briefly to employers and say that this is not a problem.
edit: Just to add clarification; the employer does have to sign or submit documents, but there is no actual sponsorship required. CPT resembles a "work permit" for students in internship type positions.
Best of luck.
*Eligibility Criteria
To be eligible for CPT, you must:
edit: The cpt must be in line with the major subject of your studies.
Wow you have detailed knowledge of Eb5.
Thank you, we have had several EB-5 endeavors already, it is a good legal opportunity to immigrate for HNI. acceptance rates should be fairly high, but there are bogus regional centers out there. It is important to have a good lawyer and carry out due-diligence, the ROI can be very low though on the financial side (ie REIT, hotel projects and such).
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