How to go about Employer Sponsorship
 

Hey guys,

So I have been working with a tech company for over a year now and have done pretty well. I've been promoted and play a key role in the company's day to day operation. They have recently offered me a higher salary + equity. This may be a silly question but am I able to accept equity under DACA? Also, do you guys have any suggestions on how I should go about requesting that they sponsor a green card for me?I believe I qualify under Eb-3 (Professional or Skilled worker). I am an EWI as well so perhaps I will need advance parole before I can adjust.

I'm thinking of going to a lawyer to get all of the information I need so that I can clearly present it to the executives in the company. Thoughts? Anything helps! Kind of nervous to ask them for this!

Re: How to go about Employer Sponsorship
 

Unless you're covered under 245(i) the work sponsorship will get you nowhere, unless the law somehow changes.

You can of course go through it, your employer will do the PERM certification and I-140, and when it's time to file for adjustment you'll be denied for multiple reasons:

1) Lack of admission or parole into US (INA 245(a)).
2) Lack of lawful status, failure to maintain status, and possibly working illegally (INA 245(c)(2)).
3) Lack of lawful status while seeking employment based adjustment of status (INA 245(c)(7)), and possibly:
4) Working illegally prior to seeking employment based adjustment of status (INA 245(c)(8)).

Advance parole can only cure item 1, it does nothing to the other ones. These are not applicable to people seeking adjustment of status an immediate relative of a US citizen (spouse, parent, or child under 21).

So for example if you were to marry a US citizen, travel out and return on advance parole, you could get your green card via marriage. However via work - no.

There is something known as 245(k), a special section of law to let people who did some minor sins while in US legally adjust status nonetheless (failure to maintain status or working illegally for less than 180 days) since the last admission into US, however, entry on AP is NOT an admission, so this also doesn't apply unfortunately.

Re: How to go about Employer Sponsorship
 

Advance Parole would be of great help. You may be able to adjust status afterwards. Talk with a lawyer to get a specific "plan of action" and you can present this to your employers.


And yes, you're allowed equities.

Re: How to go about Employer Sponsorship
 

He'd be covered by 245K as he will be adjusting through his employer. He would also have advance parole to count as his legal entry. I'm also pretty sure he would be considered a parolee which is a status eligible for adjustment.

There are some many intricacies in the language of the INA that talking to a lawyer would probably be able to guide you through more thoroughly

Re: How to go about Employer Sponsorship
 

No, 245(k) doesn't apply. As per memo of July 14th 2008.

In the memo you can find the following:

This is something that you'd need to go through the courts, however considering that BIA's position has been that "parole is not admission" in basically every single case decided it's not something I'd personally recommend. Maybe you'd luck out and get a favorable non-precedent decision, basically court says "let this one get his green card". Not something I'd count on personally. Unless USCIS wants to open up 245(k) adjustment to DACA holders and wants a case like this. Definitely would be nice, it's just unlikely as it'd go against decades of case law.

Here's the memo:
http://www.uscis.gov/sites/default/f...29_14jul08.pdf

Sorry buddy, but I know my immigration law, I eyed 245(k) when AP was first announced for us and the answer is unfortunately no.

Re: How to go about Employer Sponsorship
 

Congrats! You can own equity for LLC's and C-Corps but not for S-Corps.

Re: How to go about Employer Sponsorship
 

Thanks everyone! I have decided to reach out to a lawyer and will keep you guys posted.

Re: How to go about Employer Sponsorship
 

sorry to dig up an old thread from the grave but has anyone who entered LEGALLY gotten GC from employment sponsorship? I've entered legally via visitor visa (now expired) back in '99 and am currently working with DACA/EAD. I've also left the country for the firs time this year via AP. Would like to know if it's possible to get sponsored.. thank you.

Re: How to go about Employer Sponsorship
 

Not unless you're covered by 245(I). You would have to contend with unlawful presence and failure to maintain status. If you got DACA before age 18, then you probably could process a visa abroad