Dear Sophie: My EB-2 priority date is two years late! What should I do?

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Today we bring you answers to three questions about EB-1A Category Green Cards for Extraordinary Ability and Multinational Managers, EB-2 with NIW and PERM, and EB-3 for Professionals .

Dear Sophie

I was so close! The priority date for my EB-2 application to register for permanent residency was only 9 days from the date listed in the September 2022 Visa Bulletin, but the October 2022 Visa Bulletin date was It dates back over two years to him!

I’m a software engineer and wanted to get a green card before changing jobs, but now I’m rethinking my career path. The only thing holding me back is that I’ve heard that if an employee leaves their employer before they actually get their green card, they will be fined.

what’s your advice?

— Bumped into Bulletin

Dear Bumped

I understand how frustrating it can be to wait so long, come so close, and meet the next delay.retrograde — earlier cutoff date — at Visa bulletin for October 2022 reflects no remaining EB-2 immigrant visas for the year ending September 30. On October 1st, the annual green card limit will be reset!

In early September, the U.S. Citizenship and Immigration Service (USCIS) indicated that annual quotas of EB-1 and EB-2 green cards had been used. The current Visa Bulletin states that the EB-1 Green Card is valid in all countries and therefore accepts applications for Permanent Resident Registration (also known as adjustment of status) in that category, but these cases will be held until the start of the new fiscal year. October 1st.

USCIS overrated The number of applications required to meet the annual cap for using all available green cards. very goodIn the previous fiscal year (2021), over 200,000 green cards were available but were not issued due to embassy and consulate closures and case backlogs during the pandemic.

Composite image of immigration attorney Sophie Alcorn in front of a TechCrunch logo background.

Image credit: Joanna Buniak / Sophie Alcorn (opens in new window)

Given the backlog in the EB-2 category, especially of individuals born in India and China, it is recommended that you consult with an immigration attorney to assess whether you are a candidate for an EB-1A Special Ability visa. .

Regarding the penalties you mentioned: USCIS does not penalize employers or employees if green card candidates change jobs before receiving their green cards. However, employers can usually seek reimbursement for some of the green card costs under a pre-arranged agreement before starting the green card process. It helps you determine the best course of action when faced with a situation.

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