How to Qualify for a Green Card as an Extraordinary Ability Researcher
As an international researcher, obtaining a green card in the US can be a long and complex process. However, there are different options available depending on your qualifications and field of work. In this article, we will explore the two-step process of applying for an EB-1A Extraordinary Ability Green Card, outline an alternative path to consider, and provide tips for traveling while pursuing a green card.
Understanding the Green Card Process
The EB-1A Extraordinary Ability Green Card is designed for researchers with extraordinary abilities in their field of work. The applicant must provide evidence of significant achievements in their area of expertise and demonstrate national or international acclaim. The application requires two steps: filing a Form I-140 and a Form I-485.
Form I-140 is a petition that provides justification for the applicant’s qualifications for the green card, including evidence of their extraordinary ability. Form I-485 is the application for adjustment of status, which is necessary for the applicant to become a permanent resident in the US.
Applying for an EB-1A green card can be a lengthy process, and USCIS estimates that it can take up to 2 years to process without premium processing. However, premium processing can provide a decision within 15 days, which significantly reduces the wait time.
An Alternative Path: The EB-2 NIW Green Card
If you’re looking for a faster and less risky path to obtaining a green card, you may want to consider the EB-2 NIW (National Interest Waiver) Green Card. This green card is specifically designed for individuals who can demonstrate that their work has contributed significantly to the national interest of the US.
One benefit of the EB-2 NIW Green Card is that it allows individuals to self-petition, which means that you do not need an employer to sponsor your application. This can be helpful if you are self-employed or want to pursue a green card without the support of an employer.
To qualify for the EB-2 NIW Green Card, you must meet three criteria:
1. The work you are doing is in the national interest of the US.
2. You can demonstrate that you possess exceptional ability in your field.
3. It is in the best interest of the US to waive the job offer requirement.
Traveling While Pursuing a Green Card
If you’re an international researcher on a non-immigrant visa like F-1 OPT or H-1B, you may need to travel internationally for business purposes while pursuing your green card. However, traveling outside the US can be risky as it may impact your application.
It’s important to keep your visa status valid while traveling, and you may want to consider applying for a travel document such as an EAD or Advance Parole to avoid abandonment of your application.
You should also ensure that you have the appropriate documentation to re-enter the US, including a valid visa and any travel documents required by your visa status.
Conclusion
Pursuing a green card as an international researcher can be a complex process, but there are different options available depending on your qualifications and field of work. Whether you choose to pursue the EB-1A Extraordinary Ability Green Card or the EB-2 NIW Green Card, understanding the process and requirements is essential. Additionally, proper documentation and vigilance when traveling outside the US can help prevent complications with your application.
Additional Piece:
According to a 2019 Pew Research Center report, about 13.6% of scientists and engineers in the US are immigrants. These individuals often bring valuable skills and knowledge to the US, but the process of obtaining a green card or permanent residency can be a significant challenge.
The EB-1A Extraordinary Ability Green Card and EB-2 NIW Green Card are two options for researchers looking to obtain permanent residency in the US. However, the process can be complex and time-consuming, regardless of the path chosen.
One important aspect to keep in mind is the importance of utilizing the assistance of an experienced immigration attorney. Immigration laws and policies can change often, and an attorney can help you navigate the process and keep you informed of any potential changes.
Another factor to consider is the impact that the COVID-19 pandemic has had on the immigration process. Travel restrictions and reduced USCIS staffing have caused delays and complications for many researchers pursuing a green card. For example, premium processing has been suspended for most green card applications until February 2022.
Despite these challenges, it’s important for international researchers to explore their options for obtaining permanent residency in the US. The skills and knowledge that they bring to the country can be valuable for the US economy and research communities. Through proper preparation, documentation, and assistance, the path to a green card can become smoother and more accessible.
Summary:
International researchers seeking permanent residency in the US can pursue the EB-1A Extraordinary Ability Green Card or the EB-2 NIW Green Card, both of which involve a two-step process of filing a Form I-140 and Form I-485. The EB-2 NIW Green Card is a good alternative path to consider and does not require employer sponsorship. Traveling outside the US while pursuing a green card can be risky, and documenting your visa status and obtaining travel documents can prevent complications. The assistance of an experienced immigration attorney can be a valuable asset during the process, and it’s important to be aware of any COVID-19 related complications or delays.
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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. )
Ask Sophie: How long until I can travel while waiting for my green card?
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