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Sophie Alcorn , lawyer , author and founder ofAlcorn Immigration Lawin Silicon Valley , California , is an award - make headway Certified Specialist Attorney in Immigration and Nationality Law by the State Bar Board of Legal Specialization . Sophie is passionate about transcending borders , expanding opportunity , and connecting the humankind by do compassionate , visionary , and expert immigration law . Connect with SophieonLinkedInandTwitter .

TechCrunch+ penis take in access to hebdomadary “ Ask Sophie ” columns;use promo code ALCORN to purchase a one- or two - year subscription for 50 % off .

Dear Sophie ,

We are a startup overseas with 1 million users and 30,000 paying customers . We raised some seed money overseas , but now prospective investors in our Series A round require us to have a Delaware parent company . They also tell they want all of the founders to get green cards . What is the fastest mode to get greenish cards if we are from India or China ?

— Innovative from India

Hello , Innovative !

Congrats on all your successes ! These are noteworthy accomplishments — and ones that you and your co - father can use to your benefit when applying for visa and unripe circuit board to come to live and work in the United States !

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Before I dive into your question , remember that as startup founders , waiting for a green card is usually too slow of a way to get to the U.S.   Find a way to follow to the U.S. sooner , such as through anO-1Aor an H-1B with the lottery ( many H-1B drawing update coming shortly — join my complimentary educationalwebinarthis hebdomad . )

It is passing important to ensure you get what you need from your investors to uphold to deliver the goods , include bread and butter with visas and greenish placard such as education , resources , and signing letters of recommendation . That ’s what Kristen Ostro and Nicole Fuller of Strut Consulting , a VC look up firm , emphasized during our schmoose formy podcast . Many laminitis economic value working with VCs in the U.S. who translate their place , are expert in the picky manufacture , and have the joining and client networks to make intro to folks who will be alive player in the founders ’ achiever , rather than just providing the upper-case letter .

Many VCs also provide support services , include urge immigration lawyer who can assist with visas and green carte du jour . If the prospective investor in your startup do not , I recommend you and your carbon monoxide gas - founder work with an immigration lawyer , who can contrive strategies for each of you based on your accomplishments and timing and guide you through the in-migration process .

Country of birth

How quick you get a dark-green bill of fare bet on what body politic you were turn out in . All unripened card categories — except for those for the mate , parent , and dependent children of U.S. citizens — have a jacket on the full number issued each class . In accession , these categories have a per - rural area limit point of 7 % of the entire identification number available . Because the demand in most green posting class from individuals born in India and China far overstep the supplying for that state , the time lag times are excessively long for those individuals .

I ’ve long advocated for increasing the cap on the routine of employment - based green cards uncommitted each year and pass the per - land hood on employment - based green cards , both of which require activity from Congress .

For someone who must wait for a green card , their priority day of the month determines their place in the green visiting card line . Depending on the type of green lineup you pursue — or your startup pursues on your behalf — your priority date is either when U.S. Citizenship and Immigration Services ( USCIS ) receive your I-140 gullible card petition or when the U.S. Department of Labor receives thePERMapplication from your caller if your I-140 has been approve .

Cross-chargeability can speed things up

You and your carbon monoxide gas - founders should also keep in mind that if your spouse was stomach in a body politic other than India or China , you may use your spouse ’s rural area of nascency rather than your own , which will enable you to get a greenish circuit card quicker . This is called “ cross - chargeability . ”

you’re able to take vantage of it whether you are inside the nation while going through the green placard summons or are outside the state and project to go through consular processing . you could take vantage of cross - chargeability even if you are eligible as the chief green scorecard beneficiary and your married person is the hooked benefactive role .

Now get ’s talk about the fastest unripe board for mortal born in India or China .

Marriage-based green card

If you or any of your co - founders arein good faithmarried or engaged to an American citizen , set out a green card through marriage is usually the quickest path to take . There ’s no annual detonating gadget on those unripe cards . All other household - based and employment - based green cards have numerical and per - country caps . Obtaining a light-green card through man and wife will require you to demonstrate to immigration official that you have a real , bona fide marriage based on straight love and that you intend to spend the rest of your lives together .

As a person who target to support folks to attain their professional destination based on their own acquirement , I want to move on to the fast utilisation - based immature card for individuals born in India or China .

The EB-1 green card category

presently , the EB-1 greenish wit category has the next fast waiting time for individuals born in India or China — but there ’s still a longsighted waiting . The EB-1 category include theEB-1Aextraordinary power unripened card , theEB-1Bfor outstanding professors and researcher , and theEB-1Cgreen card for multinational managers and executives . As the name suggests , the EB-1 is the first and highest priority utilization - based green card family . As such , EB-1s have the latest priority dates compare to other light-green identity card categories .

The EB-1 family is “ Current ” for individuals born in all countries except for India and China , grant to the Dates of lodge chart in theDecember Visa Bulletin . ( presently , the USCIS and the Department of State , which oversee consular processing , are using the day of the month of Filing chart , which has later cutoff day of the month than the Final Action Dates chart . ) Individuals hold in India who have a antecedency date of July 1 , 2019 , or earlier are eligible to get their fleeceable card . Individuals born in China who have a antecedency date of August 1 , 2022 , or sooner are eligible .

The EB-1A and the EB-1C are likely the best unripe cards for you to follow up on . The I-140 green menu prayer for the EB-1A and EB-1B are usable for 15 - day exchange premium processing . The I-140 for the EB-1C is useable for 45 - mean solar day premium processing . ( agio processing does not impact whether a fleeceable wag number will be available . ) The EB-1A has the more rigorous making criteria : You must demonstrate you have sinful ability and accomplishments by see at least three of 10 criteria . Your successes so far — your inauguration ’s customer , the ejaculate money received , and if you procure Series A funding — would facilitate you qualify for the EB-1A green card . I discuss in more detail how to condition for the EB-1A in my previouscolumn .

If you want to come to the U.S. first on a work visa , theO-1Aextraordinary power visa has most of the same criteria as the EB-1A , and it ’s typically easier to obtain . I discuss how to qualify for the O-1A in thiscolumn . It ’s the first step that most founder in your billet would typically follow .

TheL-1Avisa for intracompany transferee executives or managers could also enable you and your founders to come in to the U.S. and open up an office for your party . The L-1A also offers a lineal itinerary to a green circuit board with the EB-1C green card . Both the L-1A visa and the EB-1C green card are much easier to restrict for than the O-1A visa and the EB-1A green card .

The L-1A only ask that you have been working for your company afield for at least one of the last three year . To qualify for the EB-1C green notice , you must have been employed with your transnational fellowship outside of the U.S. for at least one of the last three years , and your U.S. caller must have been doing job for at least one year . However , you involve to keep in mind that the L-1A visa allows for a maximum stay of seven years and can not be extend beyond those seven year . For individuals bear in India or China , that might stand for you will have to render to your rest home country before you get an EB-1C green card since there are very long backlogs for unripe cards .

On the other hand , the O-1A visa does not have a maximal stoppage and can be reincarnate until you receive a greenish card . you could still apply for an EB-1C even if you get an O-1A visa .

You ’ve drive this !

— Sophie

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