Here is another version From Ask Sophie, the advice column that answers immigration-related questions about working for tech companies.
“Your questions are vital to spreading the knowledge that allows people around the world to rise above boundaries and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you work in people operations, are a founder, or are looking for a job in Silicon Valley, I want to answer your questions in my next column.”
TechCrunch+ members get access to the weekly “Ask Sophie” columns; Use the ALCORN promo code to buy a 1- or 2-year subscription at 50% off.
dear sophie,
I’m trying to figure out how long to wait for a green card.
I have two questions for you: How many green cards for employment in each category are available each year? How do I understand the visa bulletin?
Standing in San Jose
Dear standing,
Thank you for contacting me with your questions! Before I dive into the number of employment green cards available each year, let me start by providing a little context on how the entire employment-based green card allocation system works, including priority dates, visa bulletin, accrual, and more.
green card process
Most employment-based green cards require that your employer sponsor you. The only work-based green card that allows an individual to submit a self-petition based on past or future work accomplishments (not an investment) are the EB-1A Exceptional Ability Green Card and the EB-2 NIW Green Card (Waiver of National Interest).
Applying for an EB-1A, EB-1B Green Card for Distinguished Professors and Researchers, EB-1C Green Card for Multinational Directors and Executives, or an EB-2 NIW Green Card is generally a two-step process:
- Submit Form I-140, Green Card Petition, to the United States Citizenship and Immigration Services (USCIS).
- If or when a green card number is available, Form I-485, Application to Register Permanent Residence or Adjust Status, to USCIS if the green card beneficiary is within the United States If the green card recipient is outside the United States, the beneficiary must file Form DS- 260 online, which is the U.S. Department of State’s electronic green card application.
Applying for an EB-2 Advanced Class, Exceptional Ability Green Card, or EB-3 Green Card for Skilled Workers requires that the employer’s sponsor go through one more step before filing Form I-140: Employer must go through the PERM work certification process with the U.S. Department of Labor . PERM certification is a time-consuming process intended to protect the opportunities, wages, and working conditions of US workers.
All PERM-based EB-1B, EB-1C, EB-2, and EB-3 green cards require US petitioners to sponsor you based on a job offer.
Image credits: Joanna Boniac / Sophie Alcorn (opens in a new window)
Availability of employment-based green cards
A minimum of 140,000 employment-based green cards are available at the start of each fiscal year on October 1. If no family green cards were used from the previous fiscal year, they are added to the total annual employment-based green card limit. .
Each employment-based Green Card category is allocated a minimum annual total limit.