\n\t\t\t\t\t\t\tSophie Alcorn<\/span> Here\u2019s another edition<\/span> of \u201cAsk Sophie,\u201d the advice column that answers immigration-related questions about working at technology companies.<\/p>\n \u201cYour questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,\u201d says Sophie Alcorn<\/a>, a Silicon Valley immigration attorney. \u201cWhether you\u2019re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions<\/a> in my next column.\u201d<\/p>\n TechCrunch+ members receive access to weekly \u201cAsk Sophie\u201d columns; use promo code ALCORN to purchase a one- or two-year subscription for 50% off<\/a>.<\/p>\n Dear Sophie,<\/strong><\/p>\n I came to the United States from Tunisia to get my master\u2019s degree and Ph.D. I recently finished my Ph.D., and I\u2019m working for a biotech company on OPT. <\/strong><\/p>\n I\u2019ve been trying to get publications and significant awards to qualify for the EB-1A green card and I need to travel internationally frequently for business. <\/strong><\/p>\n Once I apply, will I be stuck in the U.S.? If so, for how long?<\/strong><\/p>\n \u2014 Tenacious from Tunisia<\/strong><\/p>\n Dear Tenacious,<\/p>\n Thanks for reaching out! Let me first provide an overview of the green card process and then suggest an alternative to the EB-1A green card that will likely give you a faster, less risky path forward.<\/p>\n Rather than waiting to add to your list of accomplishments to qualify for an EB-1A extraordinary ability green card, consider applying now<\/em><\/strong> for the EB-2 NIW green card. Listen<\/a> to my chat with my colleague Nadia Zaidi on the EB-2 NIW and what it takes to present a strong case.<\/p>\n Applying for either an EB-1A extraordinary ability green card\u2014or an EB-2 NIW (National Interest Waiver) green card for that matter\u2014is typically a two-step process that involves filing to U.S. Citizenship and Immigration Services (USCIS) for individuals maintaining valid nonimmigrant status (such as F-1 OPT or H-1B) in the United States:<\/p>\n Sometimes, if your \u201cpriority date\u201d is current, you can file these two steps concurrently \u2013 more below. Whenever we file the I-485, we usually also include Form I-765<\/a>, the application for employment authorization document (EAD), and Form I-131<\/a>, the application for a travel document that will enable you to reenter the U.S. with \u201cAdvance Parole\u201d after traveling abroad.<\/p>\n Image Credits:<\/strong> Joanna Buniak \/ Sophie Alcorn (opens in a new window)<\/span><\/a><\/p>\n<\/div>\n If you don\u2019t receive Advance Parole, with many types of nonimmigrant statuses-you could accidentally abandon your I-485 if you travel internationally and even be denied reentry unless you have a specific valid status like H-1B or L-1 \u2014 also, more below. When approved for the I-765 and I-131, you\u2019ll typically receive a \u201ccombo card\u201d 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.<\/p>\n You can file your EB-1A I-140 with premium processing, which means you will either get a decision or a request for evidence from USCIS within 15 days. Without premium processing, USCIS is taking nearly 2 years to process EB-1A I-140s, according to a recent USCIS Case Processing Times page<\/a>. (USCIS recently expanded premium processing to EB-2 NIW I-140s as well, but the premium processing time is longer at 45 days. Without premium processing, USCIS can take as long as 8 months to process EB-2 NIW I-140s.)<\/p>\n<\/p><\/div>\n
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