Backlog In EB3 Immigrant Visa Category

[140_takes_4ever]

Berry Appleman and Lieden news blurb:

State Department Expects Backlog In Employment Based Third Preference (EB3) Immigrant Visa Category As Early As January 2005

The State Department today announced that it expects a backlog to develop in the employment-based third preference category for immigrant visas (i.e., green cards) beginning as early as January 2005; backlogs in other employment based categories could also occur during FY 2005. The following announcements are included in the October 2004 Visa Bulletin:

During the past two years, the visa allocation system compensated for the reduction in CIS visa number demand by making very rapid advances in the visa cut-off dates. As the cut-off dates advanced, tens of thousands of applicants became eligible to file for adjustment of status at CIS offices. Heavy demand was expected as CIS began to address their backlog and finalize action on such cases. The Visa Office has been alerting interested parties to this possibility over the past two years, and this is exactly what has recently begun to happen.

FAMILY: As CIS demand for visa numbers continues to increase, little if any forward movement of cut-off dates is expected during FY-2005, and the potential for retrogressions in certain categories cannot be ruled out. While retrogression of certain Family cut-off dates is not likely in the immediate future, it cannot be ruled out late in the fiscal year. This is because the CIS backlog is likely to include large numbers of applicants in all categories with priority dates well before the current cut-off dates.


EMPLOYMENT: The increasing CIS use of numbers is likely to require the establishment of cut-off dates in one or more categories during FY-2005. Such action is expected in the Employment Third preference category as early as January.

 

[timesa]

140,
Could you please let us know what does this mean to people who have already applied in EB3? Thanks.

 

[freeviews]

Here is what the link posted in the original post says:

The priority date system directly impacts employment based green card applicants in the following ways:

Individuals who have not yet filed their I-485 application for adjustment of status will not be eligible to file that application until their priority date is current (i.e., the priority date is on or before the cutoff date published monthly by the State Department in the Visa Bulletin);

Individuals who have filed their I-485 application for adjustment of status will not have their green cards approved until their priority date is current. However, these adjustment of status applications will continue to be considered to be pending for the purpose of applying for employment authorization documents and advance parole documents;

Individuals with approved I-140 petitions who apply for their immigrant visa through a US consulate in their home country must have a current priority date at the time the immigrant visa application is filed and at the time the application is approved by the consulate.

 

[140_takes_4ever]

The basic essense of that news blurb is to say that the old quota system will be back soon. If you cast your eyes back a few years, there used to be a wait for dates to become current. INS used to process only X number of applicants in each category per fiscal year. Which led to huge backlogs for all EB AOS. Then at some point of time they decided to scrape that system since there were tons of spaces in other quota's going vacant. Which was when they made all dates current, and as long as you had an approved 140 you could apply for 485.

This led to a huge outcry amongst the people who were close to approval under the previous system since they had slaved away waiting to gather the fruits of their patience. After spending ages stuck in deadend jobs, their minor advantage in the job market was destroyed by the new system.

It seems as if we are going back to those days. It won't be far before the dates are frozen for EB2 cases as well. So if the people who are sitting back waiting for their approvals don't pick up the fight soon, they will once again be standing in line.