Sophie_Alcorn

Yes, we need systemic legal change. But at least in the short term there are at least some options for those who need them.

I tried to cover it all but sometimes TechCrunch edits the headline. Thanks for reading!

That's true! But I've helped a LOT of people go from unqualified to qualified for Eb-1A or EB-2 NIW. Here is my class that teaches people how: https://alcorn-immigration-law.teachable.com/p/extraordinary...

Hahaha

Usually, yes!

Yes, your interpretation of my article is correct!

That is generally true, except perhaps in the first couple years of having your green card if you got it through employment. It could come up in a citizenship application if you didn't work at the sponsoring company long enough.

Yes, that is the solution I recommended in the article, because a lot of people are worried that the 60 day grace period won't be enough if they are laid off from their current H-1B employer.

I know a lot of immigrants who can get an offer for concurrent employment for 5-10 hours a week at smaller companies that don't make as many headlines as a company like Coinbase.

It's a lot cheaper to get qualified for an O-1A or EB-1A than an EB-5 if you're just comparing financial investment.

The system is super broken. If you're from India or China and on H-1B and just starting out, do whatever your employer is willing to sponsor you for to get a green card, but your fastest path is probably to figure out how to qualify through only legal employment activities to get an O-1A and then an EB-1A.

Also the EB-2 NIW, see my other comment in this thread!

The backlogs do exist, they're based on the Immigration and Nationality Act of 1965, and they are for green cards specifically. In the employment-based immigrant visa categories, they specifically apply to people from India and China.

Yes, this is correct. Some employers are even willing to start the green card process before the H-1B is even selected in the lottery. But whether that's a good idea depends on the specifics of each employee's travel plans and current immigration status.

Yes this is correct.

H-1B holders can seek green cards through a variety of ways: green card lottery (for certain countries), family sponsorship (such as marriage green cards), and employment sponsorship (the EB-1, EB-2, EB-3, EB-4, and EB-5 categories.)

Within the EB's, most companies will sponsor H-1B holders for green cards in the EB-2 or EB-3 categories in a 3-step process: PERM, I-140, I-485.

If an H-1B holder wants to get a green card based on work/accomplishments as a self-petitioner, the two main pathways are:

Eb-1A for extraordinary ability, helpful for people subject to long India/China backlogs

Eb-2 NIW, easier than O-1A, takes 2-3 years if you're not subject to India/China backlogs.

Yes, the H-1B is dual intent. Actually people can start the green card process sooner than 6 years. Yes, the H-1B is usually valid up to 6 years but there can be AC21 extensions if you reach certain milestones in the green card process. The wait times for people who have to go in the category of people born in India or China could potentially be many decades.

Yes, I totally agree. We need systemic change. I helped write the startup visa for Congress and although the house passed it, the Senate wouldn't. They're gridlocked and we need other creative legal solutions.

Happy this article I wrote is of value to y'all. Lmk if you have questions and I'll try to respond where I can.

Dear Sophie,

I’m a UX/UI designer working in Europe at a web3 company in the United States.

I would like to resign from my current position and move to the U.S. to pursue work that allows me to have more autonomy, flexibility and the ability to take on a variety of projects with different clients in the U.S.

How can I make that happen? Thanks for your help!

—Worldly web3 Wonder

We just raised a $20 million Series A, and we need to hire more engineers to fully develop our product. In addition, we’d like to bring our overseas PEO contractors to the States to join us more locally and in-timezone. We’re excited about being decentralized – what immigration options are best for us?

— Elated Entrepreneur Dear Elated,

Congrats on your latest funding milestone! Your funding comes at an opportune time: The recent spate of layoffs and hiring freezes at many tech companies presents a great opportunity for you to scoop up top global engineering talent. Plus, I’m not surprised you raised even in this “environment” – we’re seeing a lot of that going on despite much of the news! Continue: https://www.alcorn.law/immigration/dear-sophie-what-immigrat...

Dear Sophie,

I’m a software engineer who is currently on an H-1B. My employer sponsored me for an EB-2 green card and my application has been approved, but I’m still waiting for a decision on my application to register for permanent residence.

I want to leave my employer and do something completely different. Can I transfer my green card to another employer in a different field and position or should I stick it out in my current position until I receive my green card?

If I should stick it out, how long should I stay with my current employer after I receive my green card?

— Craving Change

Dear Craving,

As my dad (also an immigration lawyer) would always say, here is one of those classic lawyers’ answers: “It depends.” It’s so exciting when a company is willing to sponsor you for a green card, but things can change fast, especially in the Valley. The past couple of years has been a time of self-reflection and reassessment as many have reassessed their own careers and considered pivots. Thanks for reaching out and here’s an overview of some of the general options!