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Right here’s one other version of “Ask Sophie,” the recommendation column that solutions immigration-related questions on working at expertise corporations.
“Your questions are very important to the unfold of data that permits folks all around the world to rise above borders and pursue their goals,” says Sophie Alcorn, a Silicon Valley immigration lawyer. “Whether or not you’re in folks ops, a founder or in search of 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 the US from Tunisia to get my grasp’s diploma and Ph.D. I not too long ago completed my Ph.D., and I’m working for a biotech firm on OPT.
I’ve been making an attempt to get publications and vital awards to qualify for the EB-1A inexperienced card and I have to journey internationally often 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 summary of the inexperienced card course of after which counsel a substitute for the EB-1A inexperienced card that may doubtless offer you a sooner, much less dangerous path ahead.
Relatively than ready so as to add to your listing of accomplishments to qualify for an EB-1A extraordinary capability inexperienced card, contemplate making use of now for the EB-2 NIW inexperienced card. Take heed to my chat with my colleague Nadia Zaidi on the EB-2 NIW and what it takes to current a robust 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 often a two-step course of that entails submitting to U.S. Citizenship and Immigration Providers (USCIS) for people sustaining legitimate nonimmigrant standing (resembling F-1 OPT or H-1B) in the US:
- Kind I-140 is the inexperienced card petition the place you and your immigration lawyer make the case for why you qualify for the inexperienced card sort for which you’re making use of.
- Kind I-485 can be known as the appliance to register everlasting residence or alter standing.
Typically, in case your “precedence date” is present, you’ll be able to file these two steps concurrently – extra beneath. Each time we file the I-485, we normally additionally embrace Kind I-765, the appliance for employment authorization doc (EAD), and Kind I-131, the appliance for a journey doc that may allow you to reenter the U.S. with “Advance Parole” after touring overseas.
![A composite image of immigration law attorney Sophie Alcorn in front of a background with a TechCrunch logo.](https://i0.wp.com/techcrunch.com/wp-content/uploads/2021/01/Sophie-Alcorn-TechCrunch1-3.jpg?resize=1024%2C675&ssl=1)
Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a brand new window)
When you don’t obtain Advance Parole, with many varieties of nonimmigrant statuses-you might by accident abandon your I-485 when you journey internationally and even be denied reentry until you may have a selected legitimate standing like H-1B or L-1 — additionally, extra beneath. When authorised for the I-765 and I-131, you’ll usually obtain a “combo card” that may permit you to work and journey when you wait to your bodily inexperienced card to be issued after your I-140 is authorised.
Processing instances
You may file your EB-1A I-140 with premium processing, which implies 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, based on a latest USCIS Case Processing Instances web page. (USCIS not too long ago expanded premium processing to EB-2 NIW I-140s as nicely, 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.)