Pt. 1 - An Ambitious Solution to the Dreaded Green Card Backlog - the EB-1A Green Card
“The Visa Backlog” is enough of a significant issue affecting international workers in the United States that we have decided to give it a proper name and an acronym, TVB. Today, we start a multiple-part nosedive into how someone could take matters into their own hands and obtain their US Green Card years faster than the normal process. Let’s treat TVB together with our 6-part series dissecting how this works for those in the private sector.
For those professional workers affected by TVB or otherwise in the know, current backlogs leave thousands of applicants with approved Immigrant Petitions (Form I-140) filed by their employers—especially immigrant workers from India and China—stuck for upwards years or even decades on temporary work visas while they wait for actual green card slots to become available for those in their country of birth, under the category they applied in.
Did you catch that? There are different categories of green cards that have different timing for people born in oversubscribed countries such as India and China, the two powerhouse suppliers of the world’s highly-educated workers. The fact of the matter is, no matter what country you are from, the EB-1A can be one option for speeding up the Green Card Process. The process is not as daunting as some may make it sound, and we are going to tell you how it works.
Setting the Stage
Each month the Department of State releases the much-anticipated Visa Bulletin. The Visa Bulletin provides that month’s “Final Action Dates” and “Dates for Filing.” These dates determine whether a foreign national can file for permanent residency and when the Green Card can be finally approved, respectively (USCIS itself alternates between which of these dates it uses). The dates are calculated based on the number of visas annually available and they are sorted by employment-based visa preference categories (EB-1, EB-2, EB-3, etc) and by country of birth.
Citizens of “oversubscribed” countries like India and China wait years or even decades to be able to adjust status and become a Green Card holder. Most of these folks have approved EB-2 or EB-3 PERM based I-140 approvals, but the cut-off dates for EB-2 and EB-3 typically move at a snail’s pace.
If you are a citizen of one of these oversubscribed countries (again, typically, a citizen of India or China) and you already have an I-140 approval, you may think there is nothing further you can do to speed up your Green Card process other than to simply wait to reach the front of the line.
Introducing the Silver Bullet - EB-1A
One option to consider is the EB-1A visa. Maybe you have heard of the EB-1A but don’t know what it is. Most people think the EB-1A is just for academic researchers. The good news is that the EB-1A is actually useful for lots of people. Many foreign nationals working in private industry and in business can qualify for EB-1A, and it can be an excellent way to fast track your Green Card process. A handful of professionals our ImmiPartner attorneys have helped obtain EB-1A approvals for in the past include those who work as:
Engineers (Software, Hardware, Civil, etc.)
Technology Product Managers
Entrepreneurs (startup and brick & mortar business owners)
CFO (Chief Financial Officer)
Social Media Marketing Strategist
Opera Singers
Multimedia Artists
And the list goes on and on.
One of EB-1A’s key benefits: you don’t need a US company to sponsor you. The EB-1A is a self-petitioned employment-based green card application, so it’s not tied to your employer — your petition is based on your own qualifications and experience in your field of expertise. And you get to file it by yourself, without having to get a company to agree to sign off for you. This means once ready, you file the petition directly with the USCIS, so there is no need to test the labor market, obtain a labor certification, or file any forms with the Department of Labor.
Obtaining an EB-1A approval is no easy task but the payoffs can be huge. Typically, for a motivated applicant whose case is “ripe,” it takes around 3-4 months to prepare and file an EB-1A case. The lift is heavier than what would be required of you for an H-1B or any temporary work visas, but if approved, you will be able to make use of the EB-1 cut off dates in the Visa Bulletin and almost immediately file for your Green Card.
This can speed up the process by years, even if you are not able to file for Adjustment of Status immediately. And once you file the Adjustment of Status, you can also file for an Employment Authorization Document (and Advance Parole travel document), making employment changes significantly easier.
Next up: Part 2 - Demystifying the EB-1A for Professionals (with success stories!)
Want to see if you might qualify for the EB-1A? Schedule a consultation with an ImmiPartner attorney below!