Some good!! news about retrogression..check this guys..

[Greenbay]

I saw the followoing information on www.ilw.com website while I was working late night and brought some relief/reduced some tension/headache while resolving some production issue.
===================================
Comment
Retrogression, The Real Numbers

The FY 2006 140,000 employment-based numbers will increase by 7,000 numbers (overflow from family immigration numbers per the existing statutory scheme). Another one-time 101,000 numbers will be recaptured from FY 1999-2004 and will also be added to FY 2006, bringing the total to 248,000. This may portend some dramatic improvement in the Visa Bulletin in the balance of FY 2006 but it may not be enough. Different solutions are being considered for meaningful relief. These include: reallocation of the diversity visa (55,000) numbers by eliminating the DV category, and recapturing erroneously counted employment numbers (rumored to be significant). Other solutions being considered are the issuance of advance parole and EAD eligibility to primary applicants and spouses applying for their I-140s and large permanent increases in permanent employment numbers through the Mc-Cain-Kennedy bill. This pressing problem will surely provide ample opportunity for creativity during this Congress.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.

Lets hope for the best.

GB

[gceeker05]

Seems to be a good news.. at least something to look forward to..

Lets keep our fingers crossed. (one of the very few things we could do )

Originally Posted by Greenbay

I saw the followoing information on www.ilw.com website while I was working late night and brought some relief/reduced some tension/headache while resolving some production issue.
===================================
Comment
Retrogression, The Real Numbers

The FY 2006 140,000 employment-based numbers will increase by 7,000 numbers (overflow from family immigration numbers per the existing statutory scheme). Another one-time 101,000 numbers will be recaptured from FY 1999-2004 and will also be added to FY 2006, bringing the total to 248,000. This may portend some dramatic improvement in the Visa Bulletin in the balance of FY 2006 but it may not be enough. Different solutions are being considered for meaningful relief. These include: reallocation of the diversity visa (55,000) numbers by eliminating the DV category, and recapturing erroneously counted employment numbers (rumored to be significant). Other solutions being considered are the issuance of advance parole and EAD eligibility to primary applicants and spouses applying for their I-140s and large permanent increases in permanent employment numbers through the Mc-Cain-Kennedy bill. This pressing problem will surely provide ample opportunity for creativity during this Congress.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.

Lets hope for the best.

GB

[rajinca]

Originally Posted by gceeker05

Seems to be a good news.. at least something to look forward to..

Lets keep our fingers crossed. (one of the very few things we could do )

This was for FY2005.

DOS's Visa Office Updates on Availability of Employment-Based Visa Numbers - 04/22/05



The limits of section 201(a)(2) do not apply to the fourth quarter of FY05

The limits of section 201(a)(2) do not apply to the fourth quarter of FY05 and the 27% limitation only applies to the first three quarters. The remaining numbers will be made available in the final quarter. But if the 27% limit is being reached, then a maximum of 19% of the annual limit would be available for the final quarter. As a result of the CIS backlog reduction efforts the quarterly limits are met during FY-2005.

Mostly all available visa numbers will be made available in FY05

The Visa office is confident that all available visa numbers will be made available in FY-2005. The total employment-based numbers available for use for FY2005 will be the regular 140,000+and about 7,000 unused family from FY04-101,000 AC21.

AC21 numbers were not required in the other fiscal years as the demand did not exceed the amount of numbers available under the normal annual limit.

For each AC21 about 131,000 numbers were "recaptured" based on unused FY01999 and FY-2000 Employment-based numbers. During FY-2003 about 30,000 were used and the remaining 101,000 will be utilized during FY-2005. AC21 numbers were not required in the other fiscal years as the demand did not exceed the amount of numbers available under the normal annual limit.

Oversubscription of EB1 category for countries like China, India and Philippines

As per the current numerical guidelines recognized by the INA the Visa Office expects the oversubscription of China and India EB2categories at some point during FY-2006. It is also likely that FY06 could also see the oversubscription of the EB1 category for China and India. Presently the office expects Philippines EB1 and EB2 to remain "current".

[rocky_cool]

So is the info below an official news from USCIS?

Originally Posted by Greenbay

I saw the followoing information on www.ilw.com website while I was working late night and brought some relief/reduced some tension/headache while resolving some production issue.
===================================
Comment
Retrogression, The Real Numbers

The FY 2006 140,000 employment-based numbers will increase by 7,000 numbers (overflow from family immigration numbers per the existing statutory scheme). Another one-time 101,000 numbers will be recaptured from FY 1999-2004 and will also be added to FY 2006, bringing the total to 248,000. This may portend some dramatic improvement in the Visa Bulletin in the balance of FY 2006 but it may not be enough. Different solutions are being considered for meaningful relief. These include: reallocation of the diversity visa (55,000) numbers by eliminating the DV category, and recapturing erroneously counted employment numbers (rumored to be significant). Other solutions being considered are the issuance of advance parole and EAD eligibility to primary applicants and spouses applying for their I-140s and large permanent increases in permanent employment numbers through the Mc-Cain-Kennedy bill. This pressing problem will surely provide ample opportunity for creativity during this Congress.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.

Lets hope for the best.

GB

[toughlabor]

Hi rajinca

I have a small question for you. you maintioned that it is for FY2005 is that mean it is already used as FY2005 ( is Oct, 2004 to Oct, 2005)?

in some places it is said it is for FY2006, so I get confused. Can anybody clarify?

Originally Posted by rajinca

This was for FY2005.

DOS's Visa Office Updates on Availability of Employment-Based Visa Numbers - 04/22/05



The limits of section 201(a)(2) do not apply to the fourth quarter of FY05

The limits of section 201(a)(2) do not apply to the fourth quarter of FY05 and the 27% limitation only applies to the first three quarters. The remaining numbers will be made available in the final quarter. But if the 27% limit is being reached, then a maximum of 19% of the annual limit would be available for the final quarter. As a result of the CIS backlog reduction efforts the quarterly limits are met during FY-2005.

Mostly all available visa numbers will be made available in FY05

The Visa office is confident that all available visa numbers will be made available in FY-2005. The total employment-based numbers available for use for FY2005 will be the regular 140,000+and about 7,000 unused family from FY04-101,000 AC21.

AC21 numbers were not required in the other fiscal years as the demand did not exceed the amount of numbers available under the normal annual limit.

For each AC21 about 131,000 numbers were "recaptured" based on unused FY01999 and FY-2000 Employment-based numbers. During FY-2003 about 30,000 were used and the remaining 101,000 will be utilized during FY-2005. AC21 numbers were not required in the other fiscal years as the demand did not exceed the amount of numbers available under the normal annual limit.

Oversubscription of EB1 category for countries like China, India and Philippines

As per the current numerical guidelines recognized by the INA the Visa Office expects the oversubscription of China and India EB2categories at some point during FY-2006. It is also likely that FY06 could also see the oversubscription of the EB1 category for China and India. Presently the office expects Philippines EB1 and EB2 to remain "current".

[retro_unjust]

Greenbay,

Can you please provide link to the article itself on the website rather than just the website (ilw.com) as there seems to be lot of info on there. Moreover there is confusion as we see the posts below as to whether this info relates to 2005 or 2006 !

Thank You

[goshik]

http://www.ilw.com/immigdaily/digest/2005,0923.shtm

[addagarla]

visit http://www.ilw.com/immigdaily/. Browse towards the end of the document.

[Ali_Sabri]

Dear Editor:
Regarding Immigration Daily's comment (09/23/05) on FY 2006 visa numbers, is this based on current regulation or it is just a projection based on pending bill(s) in the Congress. In the coming difficult time of visa number retrogression, your comment, if proved to be true, would definitely be a promising light at the end of the dark tunnel.

Editor's Note: The 7,000 overflow from the family-based categories is mandated by statute and we are assured by an expert in this matter that 7,000 numbers will flow through in FY 2006. The 101,000 number represents unused recaptured numbers from 1999-2004 pursuant to AC 21(writer:an act which passed 2004,I don,t know alot about it!!).Both those numbers are mandated by statutes which were passed long ago. The abolition of the DV lottery is something before the current House Judiciary Committee and it is our projection that if this issue is joined in conference with the Senate the likely compromise is a moving of the DV numbers to EB numbers. As to the additional visas that could be recaptured, that is an issue of proper counting at the Department of State (DOS) and is an issue that some members of the bar are working with the DOS on at this time. Making EAD and advance parole and spousal benefits available at the I-140 stage is a proposal currently being floated by pro-immigration advocates in Washington DC, no bill has been introduced on this at this time. The McCain-Kennedy bill, which is a major immigration bill pending action at the Senate mandates a permanent doubling of the employment-based numbers

[mdh3000]

I don't know how much this will actually impact priority dates because one assumes that the state department knows about these extra visas and took them into account when enacting the latest retrogression.

mdh

[LCSilence]

I don't think DOL think that logically. If so, why just in a month, visa demands suddenly get so high that DOL has to roll back PD 4-5 years? One would assume it should PD should roll back little by little.

[mdh3000]

Yeah, you have a point there. Only one month before the Oct 2005 visa bulletin, the DOS said EB3 would be current (worldwide) until the end of the year.

They were obviously very wrong.

mdh

[infostarved]

http://www.nytimes.com/2005/09/26/opinion/26mon2.html

[velailla]

http://www.shusterman.com says only about 8000 AC-21(Recaptured) visas
are available for FY2006(Oct 05 to Sep 06) compared to 101,000 visas available for FY2005(Oct 04 to Sep 05) i.e about 40% less EB visas for FY2006.

[retro_unjust]

Looks like here the help is in sight for illegal immigrants and not for educated , hardworking EB category candidates.

Originally Posted by infostarved

http://www.nytimes.com/2005/09/26/opinion/26mon2.html

[vpHope]

http://www.ilw.com/immigdaily/#comment

[applying4gc]

The reason why there is a retrogression is because there is a deficiency of visas available per fiscal year.

The McCain-Kennedy increases the employment based visas available to a whopping 290,000. See below.

We must convince Congress to pass this bill.

Current System--Cornyn-Kyl bill---McCain-Kennedy bill
140,000(100%)--190,000(100%)--290,000(100%)EB Annual Quota
28.6%-----------20.0%----------20.0%---------------EB-1
28.6%-----------20.0%----------20.0%---------------EB-2
28.6%*----------35.0%----------35.0%---------------EB-31

[mummiezed]

because it abets illegal immigration. Its proposed increase of legal EB visa numbers should not be the reason of its being endorsed.

Justice cannot be done by unjustice.

The proponents (on this forum) of this bill are rather selfish. Perhaps some of these McCain-Kennedy advocates are 245(i) beneficiaries, who are basically crooked creature on earth.

Originally Posted by applying4gc

The reason why there is a retrogression is because there is a deficiency of visas available per fiscal year.

The McCain-Kennedy increases the employment based visas available to a whopping 290,000. See below.

We must convince Congress to pass this bill.

Current System--Cornyn-Kyl bill---McCain-Kennedy bill
140,000(100%)--190,000(100%)--290,000(100%)EB Annual Quota
28.6%-----------20.0%----------20.0%---------------EB-1
28.6%-----------20.0%----------20.0%---------------EB-2
28.6%*----------35.0%----------35.0%---------------EB-31