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Sophie Alcorn , lawyer , generator and beginner ofAlcorn Immigration Lawin Silicon Valley , California , is an accolade - come through certify Specialist Attorney in Immigration and Nationality Law by the State Bar Board of Legal Specialization . Sophie is passionate about transcending borders , expanding chance , and connecting the mankind by exercise compassionate , visionary , and expert in-migration law . link up with SophieonLinkedInandTwitter .
TechCrunch+ members receive admittance to hebdomadal “ Ask Sophie ” columns;use promo code ALCORN to purchase a one- or two - year subscription for 50 % off .
Dear Sophie ,
— Frugal Founder
Dear Frugal ,
Thanks for reaching out to me with your question . I ’ve produce you ! For an former - stage startup , every decision is critical as Alfonso de la Nuez , an immigrant founder with an $ 800 million+ acquisition , latterly shared with me in mypodcast . agree outmy videoabout the U.S. Citizenship and Immigration Services ’ ( USCIS ) latest update last night — the lottery will be more fairish for other - stage startups and international scholarly person and founders : one person , one hazard !
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You ’re right that the USCIS is look to publish a final normal in the Federal Register this week that will significantly increase program fees . on an individual basis , premium processing fee will also increase in February . The USCIS has confirm that the H-1B readjustment fee will remain $ 10 this year and the lottery will be undefendable March 6 through March 22 . you’re able to learn about these updates to the upcoming drawing in our free educationalwebinar !
For those who restrict , arrest favourable reception for anO-1Aextraordinary power visa is a relatively quick process , in particular with agio processing . The Biden establishment has made qualifying for the O-1A much easier for startup founders in the STEM field . But the O-1A has stay largely unaltered since it was create by the Immigration Act of 1990 , soLindsay Milliken , an immigration fellow at the Institute for Progress ( IFP ) , is pushing for the USCIS to update its O-1A guidance for startup founders , especially in the area of nontraditional achievements .
The corollary to the O-1A visa , theEB-1Aextraordinary ability unripened card , by and large has the quickest processing time among all the engagement - based green cards . Keep in intellect the bar is high for characterise for the EB-1A green card , so many late grads and first - time father in the STEM field find achiever with theEB-2 NIW(National Interest Waiver ) , which can take longer due to green wit backlog .
If you have n’t already , I recommend you consult an in-migration attorney who can not only make up one’s mind whether you qualify for the O-1A and the EB-1A or what you require to do to qualify but can also devise a scheme found on your goals and situation . If you acknowledge you want to remain in the U.S. to grow your startup , you’re able to apply at the same time for a employment visa and a green card .
Before I discourse the O-1A visa and EB-1A unripe card in more particular , let ’s take a look at the proposed fee increases .
Prepare for fee increases
The USCIS funding comes chiefly from the fees it institutionalize for immigration and naturalization benefits . That ’s why the USCIS cover processing most benefits even during a Union authorities shutdown over the budget .
It ’s been eight year since the USCIS increased the fee for most immigration and naturalization benefits , so the agency is ask to print the nail down tilt of young fee very soon . For some services and benefits , the USCIS also adjust fee based on pompousness every few years .
The premium processing fee is one that ’s subject to an ostentation registration every two years , which is why the agiotage processing fees are planned to increase this February . The USCIS issue afinal rulein the Federal Register in December with the new fees , including the chase :
The fee increases that theUSCIS proposed in 2023are expected to go into event April 1 . Here are the probable fee increases that may impact you :
USCIS officials tell that the H-1B lottery registration fee will remain at $ 10 for this year ’s lottery .
Now , let ’s dive into the O-1A !
Pursue an O-1A
In January 2022 , the Biden governance instituted insurance changes that made it easier for individuals , particularly scholar in STEM bailiwick , to qualify for both theO-1A over-the-top ability visaand theEB-2 NIW(National Interest Waiver ) unripened carte to ferment and remain in the U.S.
fit in toUSCIS data point , the total number of O-1A petitions received by the USCIS increased by 30 % from FY 2021 to FY 2023 , and the total number of O-1A visas approve for individuals working in STEM field increased by more than 28 % in FY 2023 from FY 2021 . alas , the information does not indicate how many O-1A petition were received for STEM workers . Meanwhile , the total number of EB-2 NIW green card petitions submitted to USCIS for individual in STEM fields almost tripled from 7,670 in FY 2021 to 21,240 in FY 2023 .
The O-1A requires you to meet at least three of eight touchstone . The criterion admit thing such as pull ahead a national or international award , which since the 2022 insurance change now includes a PhD learning or dissertation award . ( Previously , university - storey attainment did not bear much free weight toward meeting the O-1A criteria . ) Take a feel at thisprevious columnin which I dive deep into how a bootstrapping father can qualify for an O-1A andthis columnwhere I detail how to run across each of the O-1A criteria .
Your company can register you for the H-1B drawing next year , too , if you need more sentence to expand your list of accomplishment to condition for the O-1A.
Pursue an EB-1A or EB-2 NIW
As I mentioned earlier , the requirements for an EB-1A green notice are more tight than those for the EB-2 NIW immature identity card . Generally , it ’s easier to qualify for the EB-1A green card from an O-1A visa compare to the H-1B visa . That ’s because most of the eligibility necessary for the O-1A and EB-1A overlap . Take a look at thisAsk Sophie columnfor more inside information about apply for the EB-1A.
However , if you do n’t yet qualify for the EB-1A , consider applying now for the EB-2 NIW . Take a look at thisEB-2 NIW character studyfor insight into submitting a warm petition . If you enforce for the EB-2 NIW and were born in India or China , I suggest you apply for the EB-1A when you qualify for it . Due to the numerical and per - body politic caps on green carte , individuals born in India and China face tenacious waits , particularly in the EB-2 and EB-3 green card categories . Since the EB-1A is a first - preference green card , the delay time for individuals born in these two countries are generally shorter than for EB-2 ( second - predilection ) and EB-3 ( third - orientation ) greenish cards .
The particular date the USCIS find your EB-2 NIW request is your priority date , which learn your wait in any green card line . That means you’re able to apply your EB-2 precedence date to your EB-1 even though you submit your EB-1A petition later . take heed tothis podcastfor more information about how precedence dates work .
You ’ve get this !
— Sophie
Have a question for Sophie?Ask it here . We reserve the right to edit your submission for clarity and/or space .
TheSophie Alcorn Podcastfollows stock tale of the heart . If you ’d like to be a client , she ’s accepting lotion !
