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My EB-2 precedence date might be delayed 2 years! What ought to I do? • TechCrunch

Right here’s one other version of “Pricey Sophie,” the recommendation column that solutions immigration-related questions on working at expertise corporations.

“Your questions are very important to the unfold of information that enables individuals all around the world to rise above borders and pursue their desires,” says Sophie Alcorn, a Silicon Valley immigration lawyer. “Whether or not you’re in individuals ops, a founder or looking for a job in Silicon Valley, I might like to reply your questions in my subsequent column.”

TechCrunch+ members obtain entry to weekly “Pricey Sophie” columns; use promo code ALCORN to buy a one- or two-year subscription for 50% off.

In the present day we carry you solutions to a few questions on inexperienced playing cards within the EB-1A class for extraordinary means and multinational managers, EB-2 NIW and with PERM, in addition to EB-3 for professionals.

Pricey Sophie,

I used to be so shut! My precedence date for my EB-2 software to register everlasting residence was simply 9 days from the date listed within the September 2022 Visa Bulletin, however now the date within the October 2022 Visa Bulletin has gone again greater than two years!

I’m a software program engineer and wished to get my inexperienced card earlier than I alter jobs, however now I’m reconsidering my path. The one factor holding me again is I’ve heard that workers might be fined in the event that they depart their employer earlier than they really get the inexperienced card.

What’s your recommendation?

— Bumped by the Bulletin

Pricey Bumped,

I perceive how irritating it’s to attend for thus lengthy and get so shut solely to be met with one other delay. However don’t fret! The retrogression — the sooner closing date — within the Visa Bulletin for October 2022 displays that there are not any extra EB-2 immigrant visas left this fiscal 12 months, which ends on September 30. On October 1, the annual inexperienced card caps reset!

In early September, U.S. Citizenship and Immigration Providers (USCIS) indicated that the annual allocation of EB-1 and EB-2 inexperienced playing cards had been used. Though the present Visa Bulletin lists the EB-1 inexperienced card as present for all nations and is subsequently accepting purposes to register everlasting residents (additionally known as adjustment of standing) in that class, these instances will stay pending till the beginning of the brand new fiscal 12 months on October 1.

USCIS overestimated the variety of purposes required to satisfy the annual cap to make use of all out there inexperienced playing cards, which is a excellent factor. Within the earlier fiscal 12 months (FY 2021), greater than 200,000 inexperienced playing cards have been out there, however have been by no means issued on account of embassy and consular closures and case backlogs in the course of the pandemic.

A composite image of immigration law attorney Sophie Alcorn in front of a background with a TechCrunch logo.

Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a brand new window)

Given the backlog notably within the EB-2 class for people born in India and China, I counsel you seek the advice of an immigration lawyer to evaluate whether or not you’d be a candidate for the EB-1A extraordinary means visa.

Relating to the high-quality you talked about: USCIS doesn’t impose a penalty on employers or workers if a inexperienced card candidate adjustments jobs earlier than receiving a inexperienced card. Nevertheless, your employer can search reimbursement from you for some inexperienced card prices, normally based mostly on some pre-arranged contract previous to beginning the inexperienced card course of. An immigration lawyer may help you identify the very best path ahead for those who’re dealing with this example.



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