Asking for Green Card during job offer negotiation


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Hello everyone,

I am currently an H1B holder working for Company A. I have interviewed and expecting an offer from Company B.

I am toward the end of my first 3 years on H1B and the new company will probably file a transfer and extension at the same time. I have been in the country for a long time and would like to get permanent residency and I am wondering if job offer negotiation is the right time to bring Green Card question up.

I can most likely convince my current employer to start the GC processing with offer from Company B in hand. But I really want to take the job offer with Company B.

Can anyone advise on what would be the right thing to do? If I mention green card, would they rescind my offer? Should I wait to get settled in the company and ask. I think since they will already be doing paperwork for transfer it would be easier to start the GC process as well and they seem to really like me but I haven't brought up the immigration discussion yet so I don't want to risk my offer (that I am yet to receive).

Could you provide some insight? Anyone had similar experience?

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I was able to get sponsorship of my permanent residency (green card) as part of my employment agreements, with one caveat, my employers knew me through previous work where they were my client. Regardless, in all cases there was a stipulation that the permanent residency was subject to a secondary approval after a positive performance review in 3, 6, or 12 months. In other words, my employers were willing to agree to sponsor my green card as we both looking for and expecting permanent employment, but is was conditional on my first performance review.

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Can you elaborate a little? How did you bring it up? Was it in your offer letter or something you negotiated after you got in?

First, it was a given that my (then prospective) employers knew they would need to get me an employment visa to work in the U.S. (as a full-time employee), and this was 100% at their cost. There were no discussions on that point.

As for permanent residency (green card), I brought it up in my interviews and communicated that it was a key consideration in accepting the job. I wasn’t interested in a job without fully sponsored permanent residency for myself and my family. In other words, the terms and conditions (e.g. commitments and costs) with respect to permanent residency were discussed and agreed to in the interviews and then included in the offers.

Negotiating permanent residency after getting in is possible (and not unreasonable), but it would likely have to be after establishing your value as an employee (which often would be after 2 or 3 years). For me, it is better to be up front with a prospective employer and have such things understood from the beginning, in order to establish a long term, mutually beneficial relationship.

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