Right 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 important to the unfold of information that enables folks everywhere in the world to rise above borders and pursue their desires,” says Sophie Alcorn, a Silicon Valley immigration lawyer. “Whether or not you’re in folks ops, a founder or looking for a job in Silicon Valley, I might like to reply your questions in my subsequent column.”

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Expensive 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 ceaselessly for enterprise.

As soon as I apply, will I be caught within the U.S.? In that case, for a way lengthy?

— Tenacious from Tunisia

Expensive Tenacious,

Thanks for reaching out! Let me first present an summary of the inexperienced card course of after which counsel an alternative choice to the EB-1A inexperienced card that may probably offer you a sooner, much less dangerous path ahead.

Moderately than ready so as to add to your checklist of accomplishments to qualify for an EB-1A extraordinary skill inexperienced card, think about 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 robust case.

Two-step course of

Making use of for both an EB-1A extraordinary skill inexperienced card—or an EB-2 NIW (Nationwide Curiosity Waiver) inexperienced card for that matter—is usually a two-step course of that includes submitting to U.S. Citizenship and Immigration Providers (USCIS) for people sustaining legitimate nonimmigrant standing (similar to F-1 OPT or H-1B) in the US:

• Type 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.
• Type I-485 can also 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 under. Each time we file the I-485, we often additionally embrace Type I-765, the appliance for employment authorization doc (EAD), and Type I-131, the appliance for a journey doc that may 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)

If you happen to don’t obtain Advance Parole, with many kinds of nonimmigrant statuses-you might by chance abandon your I-485 in the event you journey internationally and even be denied reentry until you may have a particular legitimate standing like H-1B or L-1 — additionally, extra under. When permitted for the I-765 and I-131, you’ll sometimes obtain a “combo card” that may assist you to work and journey when you wait to your bodily inexperienced card to be issued after your I-140 is permitted.

Processing instances

You may file your EB-1A I-140 with premium processing, which suggests you’ll both get a choice 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 current USCIS Case Processing Occasions web page. (USCIS not too long ago 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.)