Dear Sophie, Can you hire an engineer whose greencard is being sponsored in another company?Dear Sophie is back with another edition. This advice column answers questions related to immigration and working for technology companies.Sophie Alcorn, a Silicon Valley immigration lawyer, said that your questions are crucial to the spreading of knowledge that allows people around the world to reach their goals and overcome borders. I'd love to answer any questions you have about Silicon Valley, whether you are a founder, people ops or looking for a job.Extra Crunch members have access to Dear Sophie columns weekly; use promo code ALCORN for a 50% discount on a one-year or two-year subscription.Dear SophieI would like to make an offer to an H-1B-certified engineer who has been in the U.S. for nearly five years. Our startup is interested in hiring her as a senior engineer. Her current employer sponsors her for an EB-2 greencard.What happens to her greencard process? Is it possible to take it over?Richmond RecruitingDear Recruiting,Congratulations on your successful selection of the right candidate to fill your position. Your startup's ability to assume the EB-2 green-card process for this candidate, or whether you need to start it from the beginning, depends on where she is at the green-card process and if the position you offer is similar to her current job.Listen to my podcast, in which Gilberto Orozco Jr. (an associate attorney at my firm) and I discuss the American Competitiveness in the 21st Century Act, or AC21, including green card portability.AC21 was enacted in 2000. It allows international talent to have the freedom to change jobs while they wait for green cards. To help you determine your options, I recommend that you discuss your goals and situation with an experienced immigration lawyer.The procedure for EB-2 green cardAs I said earlier, the status of your green card application if your candidate leaves her job depends on where she is at the EB-2 green cards process. There are two types EB-2 green card processes.An employer sponsor is required for the EB-2 greencard. It has a three-step process.
