Right here’s one other version of “Ask Sophie,” the recommendation column that solutions immigration-related questions on working at expertise firms.
“Your questions are important to the unfold of information that permits individuals everywhere in the world to rise above borders and pursue their goals,” says Sophie Alcorn, a Silicon Valley immigration legal professional. “Whether or not you’re in individuals ops, a founder or looking for a job in Silicon Valley, I’d like to reply your questions in my subsequent column.”
TechCrunch+ members obtain entry to weekly “Ask Sophie” columns; use promo code ALCORN to buy a one- or two-year subscription for 50% off.
Pricey Sophie,
I got here to america from Tunisia to get my grasp’s diploma and Ph.D. I lately completed my Ph.D., and I’m working for a biotech firm on OPT.
I’ve been making an attempt to get publications and important awards to qualify for the EB-1A inexperienced card and I have to journey internationally ceaselessly for enterprise.
As soon as I apply, will I be caught within the U.S.? In that case, for the way lengthy?
— Tenacious from Tunisia
Pricey Tenacious,
Thanks for reaching out! Let me first present an outline of the inexperienced card course of after which recommend an alternative choice to the EB-1A inexperienced card that can probably offer you a sooner, much less dangerous path ahead.
Somewhat than ready so as to add to your checklist of accomplishments to qualify for an EB-1A extraordinary capability inexperienced card, contemplate making use of now for the EB-2 NIW inexperienced card. Pay attention to my chat with my colleague Nadia Zaidi on the EB-2 NIW and what it takes to current a powerful case.
Two-step course of
Making use of for both an EB-1A extraordinary capability inexperienced card—or an EB-2 NIW (Nationwide Curiosity Waiver) inexperienced card for that matter—is usually a two-step course of that entails submitting to U.S. Citizenship and Immigration Companies (USCIS) for people sustaining legitimate nonimmigrant standing (corresponding to F-1 OPT or H-1B) in america:
- Kind I-140 is the inexperienced card petition the place you and your immigration legal professional make the case for why you qualify for the inexperienced card sort for which you’re making use of.
- Kind I-485 can also be known as the applying to register everlasting residence or regulate standing.
Typically, in case your “precedence date” is present, you’ll be able to file these two steps concurrently – extra under. At any time when we file the I-485, we normally additionally embrace Kind I-765, the applying for employment authorization doc (EAD), and Kind I-131, the applying for a journey doc that can allow you to reenter the U.S. with “Advance Parole” after touring overseas.
Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a brand new window)
Should you don’t obtain Advance Parole, with many varieties of nonimmigrant statuses-you might by chance abandon your I-485 should you journey internationally and even be denied reentry until you will have a selected legitimate standing like H-1B or L-1 — additionally, extra under. When authorised for the I-765 and I-131, you’ll usually obtain a “combo card” that can help you work and journey when you wait on your bodily inexperienced card to be issued after your I-140 is authorised.
Processing occasions
You may file your EB-1A I-140 with premium processing, which suggests you’ll both get a call or a request for proof from USCIS inside 15 days. With out premium processing, USCIS is taking almost 2 years to course of EB-1A I-140s, in line with a current USCIS Case Processing Instances web page. (USCIS lately expanded premium processing to EB-2 NIW I-140s as effectively, however the premium processing time is longer at 45 days. With out premium processing, USCIS can take so long as 8 months to course of EB-2 NIW I-140s.)
