Here’s one other version of “Ask Sophie,” the recommendation column that solutions immigration-related questions on working at know-how firms.
“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration legal professional. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”
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Dear Sophie,
I got here to the United States from Tunisia to get my grasp’s diploma and Ph.D. I just 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 green card and I have to travel internationally steadily for enterprise.
Once I apply, will I be caught within the U.S.? If so, for how long?
— Tenacious from Tunisia
Dear Tenacious,
Thanks for reaching out! Let me first present an outline of the green card course of after which recommend a substitute for the EB-1A green card that may possible provide you with a sooner, much less dangerous path ahead.
Rather than waiting so as to add to your checklist of accomplishments to qualify for an EB-1A extraordinary means green card, think about making use of now for the EB-2 NIW green card. Listen 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
Applying for both an EB-1A extraordinary means green card—or an EB-2 NIW (National Interest Waiver) green card for that matter—is usually a two-step course of that includes submitting to U.S. Citizenship and Immigration Services (USCIS) for people sustaining legitimate nonimmigrant standing (equivalent to F-1 OPT or H-1B) within the United States:
- Form I-140 is the green card petition the place you and your immigration legal professional make the case for why you qualify for the green card kind for which you’re making use of.
- Form I-485 can also be known as the appliance to register everlasting residence or modify standing.
Sometimes, in case your “priority date” is present, you can file these two steps concurrently – extra beneath. Whenever we file the I-485, we normally additionally embrace Form I-765, the appliance for employment authorization doc (EAD), and Form I-131, the appliance for a travel doc that may allow you to reenter the U.S. with “Advance Parole” after touring overseas.
Image Credits: Joanna Buniak / Sophie Alcorn (opens in a brand new window)
If you don’t obtain Advance Parole, with many sorts of nonimmigrant statuses-you may unintentionally abandon your I-485 in the event you travel internationally and even be denied reentry except you’ve a selected legitimate standing like H-1B or L-1 — additionally, extra beneath. When accepted for the I-765 and I-131, you’ll sometimes obtain a “combo card” that may mean you can work and travel while you wait for your bodily green card to be issued after your I-140 is accepted.
Processing occasions
You can file your EB-1A I-140 with premium processing, which implies you’ll both get a choice or a request for proof from USCIS inside 15 days. Without premium processing, USCIS is taking almost 2 years to course of EB-1A I-140s, in response to a latest USCIS Case Processing Times web page. (USCIS just lately expanded premium processing to EB-2 NIW I-140s as properly, however the premium processing time is longer at 45 days. Without premium processing, USCIS can take as long as 8 months to course of EB-2 NIW I-140s.)