DOS Says EB1 will be worst compare to EB2

can_card

New Member
DOS predicts EB1 is worst than EB2. I think all consulting companies stated filing EB1, with multinational executives approch.

Here is the coment from DOS official.


Department of State has advised AILA DOS Liaison Chair Liam Schwartz that it has seen a decrease in demand for employment-based visa numbers for USCIS adjustment of status cases. This has resulted in the rapid advancement of the established cut-off dates. DOS does not want to be in a position where there are large amounts of numbers available for use late in the fiscal year, and not enough time to make use of them. But, when/if the USCIS demand does materialize it may be necessary to hold or retrogress (at some point) those dates. Below are DOS' comments on the outlook for employment-based numbers:

"Worldwide: Based on the current level of number use in the Employment First and Second preference categories there will be no need to impose a cut-off date for the categories. While the First preference number use is relatively close to my target, the Second preference is significantly below my target which doesn't make a lot of sense.

Third: I had been concerned that the amount of 245(i) filings during March/April 2001 would result in a large concentration of demand, and limit movement of the cut-off date. So far this has not been the case, and it may be that such cases (if they exist in large numbers) are still in the DOL backlog.

China and India: The same lack of demand comments apply to these First and Second preference cut-offs. This has resulted in the rapid advancement of the China and India cut-offs, which I expect to continue for the next several months.

China Third - Should stay at the Worldwide date.

India - This cut-off should continue to move, but such movement may become more limited. "
 
That does fit with the information that we are seeing from last year. China and INDIA ACCOUNT FOR 75% OF eb2. Till now EB-1 and EB-2 were in lockstep. Last year EB-1 went ahead of EB-2 by 50% (first time in history). What is going on, I don't know, Can I venture that maybe because of globlisation, suddenly from 2004 onwards, more intercompany tranfarees or foreign nationals at higher level (and thus eligible for EB-1) are coming to US. Who knows what the reason is, but the fact is suddenly EB-1 was far higher in demand than EB-2. This year that's the case (comment from USCIS).
Since most of the EB-2 guys are from China and India and most of them are stuck in PBEC (NOT DBEC), no wonder EB-2 is not being consumed fast. In fact this is one good reason for PBEC to change their hair brained priority and start adjucating applications from 2001 and 2002 so that the visa is used up this FY. SO the lucky guys in EB-2 who get their LC approved this year would be very lucky...

I suspect the retrogression was not because they wanted to stop PERM ppl from filing, it was more to figure out whaere the back log was. They retrogressed hard and waited for oct and Nov 2005 to igure that out. Then after that they are moving dates fast. I think this is the real reason. It will be interesting whatever century PBEC starts adjucating cases, EB-2 will see lots of forward and backward movements (if they still cannot figure out what's going on).

rgds
 
Top