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 very important to the unfold of information that enables folks everywhere in the world to rise above borders and pursue their desires,” says Sophie Alcorn, a Silicon Valley immigration legal professional. “Whether or not you’re in folks ops, a founder or in search of a job in Silicon Valley, I’d like to answer your questions in my subsequent column.”
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Right this moment we convey you solutions to 3 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.
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 needed 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 can be fined in the event that they go away their employer earlier than they really get the inexperienced card.
What’s your recommendation?
— Bumped by the Bulletin
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 deadline — within the Visa Bulletin for October 2022 displays that there aren’t 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 Companies (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 due to this fact accepting functions to register everlasting residents (additionally referred to as adjustment of standing) in that class, these circumstances 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 out there inexperienced playing cards, which is a superb factor. Within the earlier fiscal yr (FY 2021), greater than 200,000 inexperienced playing cards had been out there, however had been by no means issued resulting from embassy and consular closures and case backlogs in the course of the pandemic.
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 legal professional to evaluate whether or not you’d be a candidate for the EB-1A extraordinary means visa.
Concerning the advantageous you talked about: USCIS doesn’t impose a penalty on employers or staff if a inexperienced card candidate adjustments jobs earlier than receiving a inexperienced card. Nonetheless, your employer can search reimbursement from you for some inexperienced card prices, often primarily based on some pre-arranged contract previous to beginning the inexperienced card course of. An immigration legal professional will help you identify one of the best path ahead should you’re going through this case.