How does it works to apply for an employment-based green card as a married couple if they are both under temporary visa?

If a married couple of 2 people under temporary visa wants to apply for employment-based green card, how that works? Both are included in the same process? The resumes of both count for the evaluation of the process? Where I can find more information about that?

Asked on October 26, 2011 under Immigration Law, North Carolina


SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, only one person is the sponsored beneficiary on the basis of his/her job offer.  However, if he/she is married, the spouse will get the benefit of the green card at the end of the process.  The third stage of the process will be filed by both spouses but only one of them is relevant to the e mployment with the petitioning employer.  The other spouse does not have to be working for the same employer but just have to be maintaining his/her nonimmigrant status while the process is pending.

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