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 information that enables folks 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 folks ops, a founder or in search of a job in Silicon Valley, I’d like to answer your questions in my subsequent column.”
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I’m so anxious and confused about all of the layoffs! I’m secure for now, but it surely has made me notice I have to take management of my very own future.
Are there any visas or inexperienced playing cards that I can apply for by myself with out counting on my employer?
— Silicon Careworn
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 affect 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 provide.
Final week, the U.S. Division of State launched its Visa Bulletin for December 2022, which exhibits which inexperienced card functions can transfer ahead primarily based on the variety of inexperienced playing cards obtainable in every class and the quantity obtainable to people born in sure international locations with excessive ranges of immigration to the U.S., equivalent 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 — primarily based on the State Division’s Closing 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 primarily based on the Dates for Submitting.
File for EB-1 NOW!
In case you are 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 rationale for the urgency is that regardless that 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 alter 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 obtainable this fiscal 12 months in comparison with the earlier one, the State Division is projecting that it’s going to impose cutoff dates for people born in India and China. If that applies to you, converse to your immigration lawyer now about shifting ahead shortly.
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 shall be 197,000 inexperienced playing cards obtainable 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 obtainable annually and eliminating the per-country cap on employment-based inexperienced playing cards, each of which require motion from Congress.