Right here’s one other version of “Expensive Sophie,” the recommendation column that solutions immigration-related questions on working at expertise firms.
“Your questions are very important to the unfold of data that permits individuals all around the world to rise above borders and pursue their desires,” says Sophie Alcorn, a Silicon Valley immigration lawyer. “Whether or not you’re in individuals ops, a founder or in search of a job in Silicon Valley, I might like to answer your questions in my subsequent column.”
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Expensive Sophie,
I’m so nervous and pressured about all of the layoffs! I’m secure for now, but it surely has made me understand I have to take management of my very own future. Are there any visas or inexperienced playing cards that I can apply for alone with out counting on my employer?
— Silicon Confused
Expensive Confused,
I applaud you for taking step one towards figuring out your individual immigration future — and gaining peace of thoughts.
Let me take your query about inexperienced playing cards first, since latest developments influence the timing for the 2 inexperienced playing cards that people can apply for on their very own: the EB-1A extraordinary skill inexperienced card and the EB-2 NIW (Nationwide Curiosity Waiver). People can apply for both the EB-1A or the EB-2 NIW with out an employer sponsor or perhaps a job supply.
Final week, the U.S. Division of State launched its Visa Bulletin for December 2022, which exhibits which inexperienced card purposes can transfer ahead primarily based on the variety of inexperienced playing cards accessible in every class, and the quantity accessible to people born in sure nations with excessive ranges of immigration to the U.S., similar to India and China.
U.S. Citizenship and Immigration Providers (USCIS) releases a month-to-month report that clarifies whether or not it’s going to settle for adjustment of standing purposes — the ultimate step within the inexperienced card course of, together with an interview — primarily based on the State Division’s Remaining Motion dates or the Dates for Submitting. The USCIS December report, launched final week, states USCIS will settle for I-485 adjustment of standing purposes primarily based on the Dates for Submitting.
Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a new window)
File for EB-1 NOW!
If you’re eligible to use for an EB-1A inexperienced card, you need to file ASAP — and file your I-140 inexperienced card software and your I-485 adjustment of standing concurrently. The explanation for the urgency is that despite the fact that the EB-1 inexperienced card class stays present in December for all people no matter the place they had been born, that’s anticipated to vary for people born in India or China.
As a consequence of excessive demand for EB-1 inexperienced playing cards and the lower in inexperienced card numbers accessible this fiscal yr in comparison with the earlier one, the State Division is projecting that it’s going to impose closing dates for people born in India and China. If that applies to you, communicate to your immigration lawyer now about shifting ahead shortly.
Every fiscal yr, 140,000 employment-based inexperienced playing cards can be found, plus any unused inexperienced playing cards from the family-based classes from the earlier fiscal yr. This fiscal yr (FY 2023), USCIS estimates there can be 197,000 inexperienced playing cards accessible in comparison with final fiscal yr (FY 2022), when there have been 281,507 inexperienced playing cards. I’ve lengthy advocated for rising the cap on the variety of employment-based inexperienced playing cards accessible every year and eliminating the per-country cap on employment-based inexperienced playing cards, each of which require motion from Congress.
