Interview Preparation

Here’s another edit from “Ask Sophie,” the advice column that answers immigration-related questions about working at tech companies.

“Your questions are vital to the spread of knowledge that enables people around the world to cross borders and pursue their dreams,” he says. sofia alcorn, a Silicon Valley immigration attorney. “Whether you’re in people operations, a founder, or looking for a job in Silicon Valley, I would love to answer your questions in my next column.”

TechCrunch+ members receive access to weekly “Ask Sophie” columns; use promo code ALCORN to purchase a one or two year subscription at 50% off.

Dear Sophie,

I came to the United States from Tunisia to get my master’s and doctorate. I recently finished my PhD and am working for a biotech company at OPT.

I have been trying to get significant publications and awards to qualify for the EB-1A green card and need to travel internationally frequently on business.

Once I apply, will I be stuck in the US? If so, for how long?

—Tenacious from Tunisia

Dear Tenacious,

Thank you for contacting us! Let me first give you an overview of the green card process, and then suggest an alternative to the EB-1A green card that is likely to give you a faster and less risky path.

Instead of waiting to add to your list of accomplishments to qualify for an EB-1A extraordinary ability green card, consider applying now for the EB-2 NIW green card. Hear to my talk with my colleague Nadia Zaidi about the EB-2 NIW and what it takes to make a strong case.

two step process

Applying for an EB-1A Extraordinary Ability Green Card, or an EB-2 NIW (National Interest Waiver) Green Card for that matter, is typically a two-step process that involves filing with US Citizenship and Immigration Services. (USCIS) for individuals maintaining a valid nonimmigrant status (such as F-1 OPT or H-1B) in the United States:

• Form I-140 is the green card petition in which you and your immigration attorney explain why you qualify for the type of green card you are applying for.
• Form I-485 It is also called an application to register permanent residence or adjustment of status.

Sometimes, if your “priority date” is current, you can file these two steps at the same time, below. Every time we file the I-485, we usually also include Form I-765the application for employment authorization document (EAD), and Form I-131The application for a travel document that will allow you to re-enter the US on Advance Parole after traveling abroad.

Image Credits: Juana Buniak / sofia alcorn (Opens in a new window)

If you do not receive early parole, with many types of nonimmigrant status, you could accidentally abandon your I-485 if you travel internationally and even be denied re-entry unless you have a specific valid status such as H-1B or L-1 , also , below. When both I-765 and I-131 are approved, you will typically receive a “combined card” that will allow you to work and travel while you wait for your physical green card to be issued after your I-140 is approved.

processing times

You can file your EB-1A I-140 with premium processing, which means you will receive a decision or evidence request from USCIS within 15 days. Without premium processing, USCIS is taking nearly 2 years to process EB-1A I-140, according to a recent USCIS report Case Processing Times Page. (USCIS recently expanded premium processing to EB-2 NIW I-140 as well, but premium processing time is longer at 45 days. Without premium processing, USCIS can take up to 8 months to process EB-2 NIW I-140. )