EB-1 Spotlight: Challenging The Status Quo

As layoffs continue throughout the tech industry and other parts of the U.S. economy, many foreign workers who have lost their employment have also been faced with significant immigration issues. The immediate issue for many such workers is the potential loss of underlying or temporary status. For example, a laid-off worker in H-1B status only gets a limited 60-day grace period during which a terminated employee can remain in the U.S. and try to find a new employer sponsor. However, another pressing issue for many foreign workers is sponsorship for U.S. permanent residency, or a green card, which is often also tied to an employer sponsor.

The Immigration and Nationality Act (INA), however, provides two paths to a green card that can be pursued independently of employer sponsorship, specifically EB-1A extraordinary ability classification (INA § 203(b)(1)(A)) and the EB-2 national interest waiver (INA § 203(b)(2)(B)). Although the legal standards for these