Here’s another version of “Dear Sophie,” the advice line that responses immigration-related questions regarding working at technology organizations.

“Your concerns are imperative to the spread of real information enabling individuals all over the globe to increase above edges and pursue their fantasies,” states Sophie Alcorn, a Silicon Valley immigration lawyer. “Whether you are in individuals ops, a creator or looking for a task in Silicon Valley, I would personally want to reply to your concerns in my own next line.”

TechCrunch+ people get usage of once a week “Dear Sophie” columns; make use of promo rule ALCORN to shop for a single- or two-year registration for 50percent off.

Today we enable you to get responses to three questions regarding green cards in EB-1A category for extraordinary capability and international supervisors, EB-2 NIW with PERM, including EB-3 for specialists.

Dear Sophie,

I became therefore near! My concern date for my EB-2 application to join up permanent residence had been simply nine times through the date placed in the September 2022 Visa Bulletin, nevertheless now the date in October 2022 Visa Bulletin went straight back above 2 yrs!

I’m a pc software engineer and desired to get my green card before we change jobs, nevertheless now I’m reconsidering my course. The one thing keeping me personally straight back is I’ve heard that workers will undoubtedly be fined when they leave their company before they really obtain the green card.

What’s your advice?

— Bumped by the Bulletin

Dear Bumped,

i am aware exactly how discouraging it’s to attend for way too long and acquire therefore near and then be met with another wait. But don’t fret! The retrogression — the sooner cut-off date — in Visa Bulletin for October 2022 reflects that we now have forget about EB-2 immigrant visas left this financial 12 months, which stops on September 30. On October 1, the yearly green card caps reset!

In very early September, U.S. Citizenship and Immigration solutions (USCIS) suggested your yearly allocation of EB-1 and EB-2 green cards was indeed utilized. Even though the present Visa Bulletin lists the EB-1 green card as present for many nations and it is consequently accepting applications to join up permanent residents (also referred to as modification of status) because category, those instances will stay pending before the start of brand new financial 12 months on October 1.

USCIS overestimated the wide range of applications needed to meet up with the yearly limit to make use of all available green cards, which really is a very a valuable thing. In the earlier financial 12 months (FY 2021), above 200,000 green cards had been available but had been never ever given considering embassy and consular closures and instance backlogs through the pandemic.

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

Image Credits: Joanna Buniak / Sophie Alcorn (starts in a brand new screen)

Given the backlog especially in the EB-2 category for people created in Asia and Asia, it is advisable to consult an immigration lawyer to evaluate whether you’d be an applicant the EB-1A extraordinary capability visa.

Regarding the fine you pointed out: USCIS will not impose a penalty on companies or workers in cases where a green card prospect changes jobs before getting a green card. But your company can look for reimbursement away from you for many green card expenses, often according to some pre-arranged agreement before you begin the green card procedure. An immigration lawyer will allow you to figure out top course ahead if you’re dealing with this example.

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