Questions about green cards and EB-2 priority dates – Nob6

Right here’s one other version of “Pricey Sophie,” the recommendation column that solutions immigration-related questions on working at know-how corporations.

“Your questions are very important to the unfold of information that permits individuals everywhere in the world to rise above borders and pursue their goals,” says Sophie Alcorn, a Silicon Valley immigration legal professional. “Whether or not you’re in individuals ops, a founder or in search of a job in Silicon Valley, I might like to answer your questions in my subsequent column.”

Nob6+ members obtain entry to weekly “Pricey Sophie” columns; use promo code ALCORN to buy a one- or two-year subscription for 50% off.

Pricey Sophie,

I’ve been on an H-1B since 2011. I’ve an EB-2 I-140 authorized with a precedence date in April 2015. I’m Indian by start, so I do know I’m going to be ready a very long time to get a inexperienced card.

As an skilled cybersecurity skilled, I believe I might qualify to use for an EB-2 NIW.  Will there any profit from making use of for an EB-2 NIW now?

— Idealistic from India

Pricey Idealistic,

Thanks for reaching out, and in your endurance with the U.S. immigration system!

The inexperienced card line for the EB-2 inexperienced card class for people born in India has made important developments prior to now few months. As well as, U.S. Citizenship and Immigration Providers (USCIS) has acknowledged that it’s going to seemingly use the entire accessible employment-based inexperienced playing cards for the fiscal yr 2022, which ends on September 30, 2022. That would imply continued developments within the EB-2 class!

The newest Visa Bulletin reveals that people born in India can file their immigrant visa functions for an EB-2 inexperienced card at a U.S. Consulate overseas if their precedence date is on or earlier than January 1, 2015. For domestically-filed inexperienced playing cards, USCIS announced that for employment-based filings, I-485s may be filed primarily based on the identical precedence date listed within the “Remaining Motion Dates Chart” within the Visa Bulletin, so it’s the identical: January 1, 2015 as effectively. You’re so shut!

Nonetheless, since you have already got the EB-2 NIW precedence date, assuming the I-140 received authorized or a suggestion that’s nonetheless legitimate (seemingly at your present employer), you wouldn’t achieve any benefit by making use of for an EB-2 NIW at this level.

A composite image of immigration law attorney Sophie Alcorn in front of a background with a Nob6 logo.

Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a new window)

Right here’s why:

  • You’re nearing the entrance of the inexperienced card line anyway;
  • The EB-2 and EB-2 NIW (Nationwide Curiosity Waiver) inexperienced playing cards are in the identical second choice class, and have the identical deadline

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