Here is another edition of "Dear Sophie," the advice column that answers questions related to labor immigration in tech companies.
"Your questions are critical to the dissemination of knowledge that enables people around the world to push boundaries and pursue their dreams," says Sophie Alcorn, a Silicon Valley immigration attorney. "Whether you are in people ops, a founder or looking for a job in Silicon Valley, I would love to answer your questions in my next article."
Extra Crunch members have access to the weekly "Dear Sophie" columns; use the promotional code ALCORN to purchase a one or two year subscription with a 50% discount.
Dear Sophie: I am working in the Bay Area on an H-1B visa and my employer will not sponsor my green card. I really want a permanent residence, but I've never won a Nobel Prize; I'm single; and I don't have a million dollars yet. However, I think I might qualify for a NIW EB-2 Green Card. What can you share? - National in NapaDear National:
It's wonderful that you are taking matters into your own hands! This is a complicated process, so the most important advice I can give you is to hire an experienced corporate immigration attorney to represent you and prepare and file your green card case.
For more U.S. immigration dos and don'ts, check out the recent podcast my law firm partner, Anita Koumriqian and I posted on immigration commandments (and especially what not to do when it comes to visas. and green cards).
This particular episode focuses on family-based green cards, but these recommendations are timeless and apply to people petitioning for employment-based green cards, such as the EB-2 NIW (National Interest Waiver) for skills exceptional and the EB -1A for extraordinary abilities. Our best recommendation in that podcast episode is to avoid DIY immigration, so definitely take some legal advice!
Applying for an NIW EB-2 or any green card requires more than just filling out the appropriate forms. The process must be understood, as the law and legal requirements and the analysis of whether and how you can best qualify is complicated.
In any immigration matter, you need to have the resources to fully understand the process, application steps, time frames and deadlines. We always want to make sure that you always maintain a legal status (never falling out of status) so that you can stay in the United States (and you don't have to leave).