This is another installment of “Dear Sophie,” the advice column dedicated to addressing immigration questions related to employment in the tech sector.

Sophie Alcorn, a Silicon Valley immigration lawyer, notes, “The inquiries you submit are crucial for disseminating knowledge, empowering individuals globally to overcome geographical limitations and achieve their aspirations.” She extends an invitation: “Whether you work in human resources, are a business founder, or are seeking employment in Silicon Valley, I welcome your questions for my next column.”

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Dear Sophie:

I am currently employed in the Bay Area with an H-1B visa, but my employer is unwilling to sponsor my application for a green card.

Obtaining permanent residency is a priority for me, but I haven’t received a Nobel Prize, I am not currently married, and I haven’t yet accumulated a million dollars. Nevertheless, I believe I may be eligible for an EB-2 NIW green card.

Could you offer some guidance?

— National in Napa

Dear National:

It’s commendable that you are proactively addressing your immigration goals! This is a complex undertaking, and my most important recommendation is to engage a skilled business immigration attorney to represent you and manage the preparation and submission of your green card application.

For further guidance on U.S. immigration procedures, please explore the recent podcast featuring my law firm colleague, Anita Koumriqian, and myself, discussing essential principles of immigration (and, importantly, what actions to avoid regarding visas and green cards).

This specific episode centers on family-based green cards, but the principles discussed are universally applicable to individuals pursuing employment-based green cards through self-petitioning, such as the EB-2 NIW (National Interest Waiver) for those with exceptional abilities and the EB-1A for those with extraordinary abilities. Our primary recommendation within that podcast is to avoid handling your immigration matters independently, and to instead secure legal representation.

Applying for an EB-2 NIW or any green card involves more than simply completing the necessary forms. A thorough understanding of the process, the legal requirements, and a careful assessment of your qualifications are essential.

Any immigration process requires sufficient resources to fully grasp the procedures, application steps, and associated timelines. Maintaining legal status at all times is crucial to ensure your continued presence in the U.S. without the need for departure.

A robust legal team, comprising an attorney and paralegal, will provide support by developing and implementing a strategic legal approach, presenting your case in the most favorable light, and mitigating potential risks with well-defined contingency plans.

To assist you in identifying an immigration attorney capable of building the strongest possible case on your behalf, my team and I have compiled a list of 64 questions to ask potential legal counsel. We frequently encounter individuals who are unsure of what questions to pose to an immigration attorney, particularly if it’s their first time working with a lawyer.

For instance, it’s important to be aware that different law firms employ varying pricing structures. If a firm charges by the hour, ensure you are well-prepared before each meeting or phone call. Many immigration law firms offer flat fee arrangements. As with any service, carefully review the details of service packages to facilitate a clear comparison. It’s also vital to determine who will be your primary contact and the level of communication you can expect.

Furthermore, it’s crucial to become informed about the range of immigration options available and to select the one that best suits your circumstances. To learn more about the fundamentals of the self-petitioning green card process, you can explore how to qualify for the EB-2 NIW and EB-1A green cards and how to submit the most compelling petition possible through my Extraordinary Ability Bootcamp.

An experienced attorney will naturally guide you through this process, helping you evaluate different immigration strategies and understand potential risks and how to address them, along with the likely costs and timeframe. If your company is renewing your H-1B visa, it may be beneficial for your personal immigration attorney to coordinate with your company’s immigration counsel.

Following the filing of your application, a U.S. Citizenship and Immigration Services (USCIS) officer will often conduct an interview as part of the green card process. USCIS permits individuals to bring an immigration attorney to their interview, and I strongly recommend doing so, even if you believe your case is straightforward, to have support, reassurance, and a trusted advisor by your side.

A knowledgeable immigration lawyer can provide insights into what to expect during the interview based on the specific USCIS office and offer guidance on how to prepare. During the interview, your lawyer can assist you in responding to questions from the interviewing officer.

Here are some additional key principles to effectively navigate the immigration process:

Be Honest in Your Representations

Avoid any form of dishonesty or inaccurate self-portrayal. Importantly, providing false statements to government representatives carries legal repercussions, specifically the possibility of perjury charges – meaning that intentionally lying is a criminal offense. Deceptive information is likely to be discovered, as governmental bodies have access to extensive records, and such misrepresentations can lead to serious outcomes, including the rejection of a green card application, potential deportation, and permanent ineligibility for future entry into the United States.

Should you be represented by legal counsel, you have a safe space to fully disclose details about your history to collaboratively determine the most effective course of action. Therefore, complete honesty and transparency with your attorney are crucial; share all relevant information, encompassing past difficulties with U.S. entry and any prior arrests. This comprehensive knowledge empowers your attorney to build the most compelling case possible on your behalf. We leverage our expertise and experience to assess legal disclosure requirements and implement the optimal strategy for doing so.

Accuracy is paramount; meticulousness is key

Errors, whether significant or minor, have the potential to postpone or even jeopardize your claim. The immigration system does not offer automatic allowances for mistakes. It is crucial to ensure all inquiries are fully addressed, all statements are supported by verifiable proof and records, and all required deadlines are strictly observed.

Furthermore, despite the increasing shift towards digital procedures, immigration processes largely depend on physical documentation. Therefore, it’s essential to:

• Employ the latest version of the appropriate form.
• Sign all designated pages of the form.
• Ensure your signature remains within the provided boundaries for proper scanning.
• Utilize either blue or black ink exclusively.
• Enclose the precise filing fee alongside your submitted documents.
• Submit your paperwork to the designated location and maintain tracking information.

Understand the Expected Timeframe

Securing a green card can require a considerable amount of time – from several months to many years, and in some cases, even decades – influenced by your country of origin and the specific green card pathway you choose. Due to yearly numerical restrictions and per-country quotas for each green card classification, applicants from India and China often encounter extended processing periods for EB-2 NIW green cards. It's crucial to establish a clear understanding of current processing durations from the outset and proactively monitor how these timelines evolve by regularly consulting the relevant data published by USCIS.

We wish you all the best as you begin this process!

Sophie

Do you have a question? Please submit it here. We maintain the right to modify your submission for improved clarity and to accommodate space constraints. The information presented in “Dear Sophie” is intended for general knowledge and should not be considered legal counsel. Further details regarding the limitations of “Dear Sophie” can be found in our complete disclaimer available here. You may reach Sophie directly through Alcorn Immigration Law.

Sophie’s podcast, Immigration Law for Tech Startups, can be found on all popular podcasting services. She is currently accepting applications for potential guests!