P2 applying for green card

My husband, a Canadian Citizen, worked in USA, on a P2 visa, for the last four years. He is employed, as a highly trained musician, a by reputable Art Organization. At this point in his career, it would make sense to apply for a green card. Would it be possible to apply for the green card while working and maintaining his work visa in USA?

I'm surprised he's managed to keep P-2 that long, it's a very limited entry type. I'm not sure if it's dual-intent or not but even if it was it's only valid for one year max. and adjusting status that quickly would be nigh on impossible unless he is a really exceptional musician and qualifies for EB-1 and doesn't need labour certification.

Otherwise he needs a US employer to sponsor him. They do the labour certification through the US Dept. of Labor and file an I-140 petition for him. He can carry on entering on P-2 while the petition is pending.

Have a look at this. Have a look under EB-1, EB-2 and EB-3 filing requirements.

EB-1 and EB-2 are tough to get but they are approved relatively quickly. EB-3 is easier to get but takes around 3.5 years at present.

Given the short validity of P-2, he's probably going to be better off using consular processing, i.e. a Canadian address on the I-140.

Thank you for responding to my wife’s query. I wanted to ask for some further advice from you.

I am currently working in the U.S. on a P2 visa and, in the last four years have been in the States on seven separate P2 visas. Since I am regularly offered work in the country, it seems that applying for an EB-1a might be advisable. I qualify for an EB-1a. My current visa will expire in June of next year and will immediately be followed by another—the two contracts would be separated by two days. These contracts will be offered to me in the future as long as I would like to accept them.

1. If I begin application for an EB-1a, would this jeopardize my current P2 status and would I be allowed to continue working in the States while I complete the petition for an I-140?

2. Should the approval for the I-140 not be granted before the end of my existing contract, would this make it impossible to re-enter the States to begin a new contract (P2) in June of next year?

3. Should I be denied the EB-1a, would this make it impossible to hold future P2 visas—it is not a dual intent visa.

Thanks so much for your time.

Pending immigration petitions have no effect on other entries provided (and this is the key point) you have bona-fide non-immigrant intent when you enter. If you enter as P-2 with an intent to leave then it's not a problem. The question is whether your visa number will come up when you're in the US or Canada, which is why I would recommend using consular processing given the limited validity of P-2 entries, because you might find yourself stuck in Canada at the time. You can't then enter as a B-2 visitor and apply for adjustment of status because you would be lying about your intention when you enter.

As long as you've got a valid Canadian address it shouldn't be an issue, and to get P-2 in the first place you have to have residential ties of some sort to Canada.

Whether or not you get turned down for EB-1 has no real bearing on P-2, we've had many discussions on here about at which point USCIS at the border becomes aware of your petition, but I would guess they're less likely to become aware of a consular filing than an in-country filing, which is another reason to do it that way.

Bear in mind EB-1 is tough to get and the way those applications are processed seems to follow no logical path, imo. I knew one guy from the Bahamas who was widely considered an expert in his medical field and had written books, etc. and he got turned down. On the other hand I knew a guy from New Zealand who was some world champion at water skiing and he was approved for EB-1.

I guess reading up on qualifications to do with psychology is more tedious than looking at the cover of some water skiing magazine, that was the only way I could figure it.