Right here’s one other version of “Pricey Sophie,” the recommendation column that solutions immigration-related questions on working at expertise firms.
“Your questions are important to the unfold of data that permits individuals all around the world to rise above borders and pursue their goals,” says Sophie Alcorn, a Silicon Valley immigration lawyer. “Whether or not you’re in individuals ops, a founder or searching for a job in Silicon Valley, I might like to answer your questions in my subsequent column.”
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At this time we deliver you solutions to a few questions on inexperienced playing cards within the EB-1A class for extraordinary skill 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 staff shall 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 therefore 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 yr, 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 international locations and is due to this fact accepting functions to register everlasting residents (additionally referred to as adjustment of standing) in that class, these instances will stay pending till the beginning of the brand new fiscal yr on October 1.
USCIS overestimated the variety of functions required to satisfy the annual cap to make use of all obtainable inexperienced playing cards, which is a superb factor. Within the earlier fiscal yr (FY 2021), greater than 200,000 inexperienced playing cards have been obtainable however have been by no means issued as a result of embassy and consular closures and case backlogs through the pandemic.
Picture Credit: Joanna Buniak / Sophie Alcorn (opens in a new window)
Given the backlog notably within the EB-2 class for people born in India and China, I recommend you seek the advice of an immigration lawyer to evaluate whether or not you’d be a candidate for the EB-1A extraordinary skill visa.
Concerning the high-quality you talked about: USCIS doesn’t impose a penalty on employers or staff if a inexperienced card candidate modifications 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 might help you establish the perfect path ahead for those who’re dealing with this example.
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