Here’s another edit from “Ask Sophie,” the advice column that answers immigration-related questions about working at tech companies.
“Your questions are vital to the spread of knowledge that enables people around the world to cross borders and pursue their dreams,” he says. sofia alcorn, a Silicon Valley immigration attorney. “Whether you’re in people operations, a founder, or looking for a job in Silicon Valley, I would love to answer your questions in my next column.”
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Dear Sophie,
I am trying to find out how long I have to wait to get a green card.
I have two questions for you: How many employment green cards in each category are available each year? How do I make sense of the Visa Bulletin?
— On hold in San Jose
Dear waiting,
Thank you for contacting me with your questions! Before I dive into how many employment green cards are available each year, let me start by providing some context on how the entire employment-based green card allocation system works, including priority dates, the Visa Bulletin, backlogs and more.
The green card process
Most employment-based green cards require an employer to sponsor you. The only two employment-based green cards that allow a person to file a self-petition based on past or future employment accomplishments (not investments) are the EB-1A extraordinary ability green card and the EB-2 YEAR (National interest waiver) green card.
When applying for the EB-1A, the EB-1B green card for outstanding professors and researchers, the EB-1C Green card for multinational managers and executives, or the EB-2 NIW green card is generally a two-step process:
- Presentation Form I-140the green card petition, with US Citizenship and Immigration (USCIS).
- If or when a green card number is available, present Form I-485the application to register permanent residence or adjust status, to USCIS if the green card beneficiary is inside the U.S. If the green card beneficiary is outside the U.S., the beneficiary must file Form DS-260 online, the US Department of State’s electronic green card application.
requesting the EB-2 advanced degree green card or exceptional ability or the EB-3 green card for skilled workers requires the employer sponsor to take another step before filing an I-140: an employer must go through the PERMANENT labor certification process with the United States Department of Labor. PERM certification is a time-consuming process intended to protect the opportunities, wages, and working conditions of American workers.
The PERM-based EB-1B, EB-1C, and EB-2 and EB-3 green cards require U.S. petitioners to sponsor you based on a job offer.
Image Credits: Juana Buniak / sofia alcorn (Opens in a new window)
Employment-Based Green Card Availability
At least 140,000 employment-based green cards are available at the beginning of each fiscal year on October 1. If any family-based green card from the previous tax year was not used, it is added to the total annual employment-based green card limit .
Each employment-based green card category is assigned a minimum of the total annual limit.
