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.”
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Dear Sophie,
What do you think about applying for an EB-1A right away without first using the O-1A as a springboard?
Thank you!
— Engineer Extraordinary in Escondido
Dear Extraordinary,
Yes, it is definitely possible to request a EB-1A Extraordinary Capacity Green Card without first using the O-1A Extraordinary Ability Visa as a springboard! Let me give you some context so you can think about whether this path might be better for you.
In general, O-1A visa holders find it easier to obtain an EB-1A compared to people currently outside the US or those with other types of US immigration status. ., like an H-1B. For more information on EB-1A requirements, see my Extraordinary Abilities Boot Camp Podcast.
This is simply because the eligibility requirements for O-1A and EB-1A overlap and those who have gone through the exercise of preparing an O-1A visa have already put together an enormous amount of paperwork and letters of recommendation evidencing their success.
Image Credits: TechCrunch
However, I know from personal experience that many people can go directly to an EB-1A green card while on non-O-1A visas, or even outside of the United States. That means the EB-1A is possible for people currently working temporarily in the US on visas like the E-2 treaty investor visa E-3 visa for australian professionals H-1B special Occupation Visa, L-1 multinational assignees and Tennessee (National Treaty) visa for Canadian and Mexican professionals.
Please note that if you are traveling on a visa that requires nonimmigrant (such as an F-1 or B-1/B-2), going directly to an EB-1A could be a bar to subsequent entries to the US ports of entry that you intend to return to eventually to their country of origin. Starting a green card process (especially when self-filing an I-140 in the EB-1A category) is likely to be considered strong evidence of immigrant intention.
The last “golden ticket”
Because the EB-1A green card is a first-priority employment-based green card, the wait time for this category of green card is typically the shortest compared to other employment-based green cards.
According to the Visa Bulletin for May 2023, the EB-1 category is the only one that currently has green card numbers available for all countries except China and India. Both the US Department of State, which oversees consular processing outside the US, and US Citizenship and Immigration Services (USCIS), which adjudicates visa and card applications and oversees the process within the US Most of the time, the Visa Bulletin issued by the Department of State mirrors that issued by USCIS.
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