Right here’s one other version of “Pricey Sophie,” the recommendation column that solutions immigration-related questions on working at expertise corporations.
“Your questions are important to the unfold of information that permits individuals 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 individuals ops, a founder or searching for a job in Silicon Valley, I’d like to reply your questions in my subsequent column.”
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Pricey Sophie,
I’m so apprehensive and confused about all of the layoffs! I’m secure for now, but it surely has made me notice I must 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 Burdened
Pricey Burdened,
I applaud you for taking step one towards figuring out your personal immigration future — and gaining peace of thoughts.
Let me take your query about inexperienced playing cards first, since current developments impression the timing for the 2 inexperienced playing cards that people can apply for on their very own: the EB-1A extraordinary means 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 reveals which inexperienced card functions can transfer ahead based mostly on the variety of inexperienced playing cards out there in every class, and the quantity out there to people born in sure international locations 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 would settle for adjustment of standing functions — the ultimate step within the inexperienced card course of, together with an interview — based mostly on the State Division’s Last Motion dates or the Dates for Submitting. The USCIS December report, launched final week, states USCIS will settle for I-485 adjustment of standing functions based mostly on the Dates for Submitting.
Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a brand 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 utility and your I-485 adjustment of standing concurrently. The explanation for the urgency is that although the EB-1 inexperienced card class stays present in December for all people no matter the place they have been born, that’s anticipated to vary for people born in India or China.
As a result of excessive demand for EB-1 inexperienced playing cards and the lower in inexperienced card numbers out there this fiscal 12 months in comparison with the earlier one, the State Division is projecting that it’ll impose deadlines for people born in India and China. If that applies to you, converse to your immigration lawyer now about transferring ahead rapidly.
Every fiscal 12 months, 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 12 months. This fiscal 12 months (FY 2023), USCIS estimates there might be 197,000 inexperienced playing cards out there in comparison with final fiscal 12 months (FY 2022), when there have been 281,507 inexperienced playing cards. I’ve lengthy advocated for growing the cap on the variety of employment-based inexperienced playing cards out there every year and eliminating the per-country cap on employment-based inexperienced playing cards, each of which require motion from Congress.
