Home Enterprise Tech Dear Sophie: Programs on EB-1A and EB-2 NIW?

Dear Sophie: Programs on EB-1A and EB-2 NIW?

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Dear Sophie: Programs on EB-1A and EB-2 NIW?

Sophie Alcorn
Contributor

Early Newspaper

Sophie Alcorn is the founder of Alcorn Immigration Law in Silicon Valley and 2019 International Law Consultants Awards’ “Law Company of the Yr in California for Entrepreneur Immigration Providers.” She connects people with the corporations and alternatives that expand their lives.

Extra posts by this contributor

Right here’s one other edition of “Dear Sophie,” the recommendation column that solutions immigration-associated questions about working at expertise corporations.

“Your questions are considerable to the unfold of information that allows people in every single effect the field to upward thrust above borders and pursue their wishes,” says Sophie Alcorn, a Silicon Valley immigration approved professional. “Whether or not you’re in people ops, a founder or searching for a job in Silicon Valley, I could take to resolution your questions in my subsequent column.”

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Dear Sophie,

I’m on an H-1B living and working within the U.S. I could love to apply for a green card on my maintain. I’m concerned about only relying on my most up-to-date employer and I need to be capable to with out effort swap jobs or form a startup. I’ve been the EB-1A and EB-2 NIW.

I’m not optimistic if I could qualify for an EB-1A, however since I became once born in India, I face a unheard of longer stay awake for an EB-2 NIW. Any tricks on how you are going to be ready to proceed?

— Ingenious from India

Dear Ingenious,

Thanks to your question. Occupy shut a hear to my podcast episode thru which I focus on the most up-to-date tech immigration news and delve into the benefits and necessities of the EB-1A green card for folks of unparalleled capability and the EB-2 NIW (National Interest Waiver) green card, which as you know are the predominant employment-based exclusively green playing cards for which people can self-sponsor.

I like to recommend you consult an experienced immigration approved professional who can evaluate your talents and accomplishments and assess your prospects for every green card. After an initial consultation with new clients, we’re ready to provide unheard of extra detail to oldsters on their particular options since these are such individualized pathways.

There are some groups of people that will need every advantage. Those can encompass of us born in India or China, who also can face long green card backlogs. One more such community consists of people whose talents and accomplishments will likely be borderline for an EB-1A green card for unparalleled capability. In some circumstances — if eligible and to possess every alternative for green card security and to mitigate wait occasions as unheard of as conceivable — our clients consume to file both the EB-1A and EB-2 NIW in parallel.

The EB-1A is the ideal precedence green card and the standard for qualifying is unheard of elevated than for the EB-2 NIW. And which formula an EB-1A is typically quicker to receive, which is particularly the case now: Basically based on the August 2021 Visa Bulletin, there is no such thing as a stay awake for an EB-1A green card irrespective of country of starting up, whereas only people who were born in India and possess a precedence date of June 1, 2011 or earlier can proceed with their EB-2 NIW petition.

Please be aware that the Visa Bulletin fluctuates and changes every month. Also, the EB-1A is for the time being eligible for top charge processing on the I-140. Even supposing there is talk over with add this option to the EB-2 NIW one day, top charge processing isn’t on hand for EB-2 NIW I-140s yet.

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Dear Sophie: Programs on EB-1A and EB-2 NIW?