EB3 relief

MA_Labor

Registered Users (C)
Source: http://www.aila.org/contentViewer.aspx?bc=10,911,6717,9243
EB-3 Relief: By unanimous consent, the Senate also passed a measure sponsored by Senators Schumer (D-NY), Hutchison (R-TX) and Kennedy (D-MA) that would recapture EB -3 numbers lost from FY 2001-2004 due to processing delays. 50% of these numbers would be allocated to Schedule A occupations.

For the EB3 visas to be officially available, this motion must be approved by a joint conference of the Senate and Congress. The U.S. Congress is in recess this week and it will resume on May 9th. So we should hope that they pass this motion early next week. Based on the positive outcome of this motion, we should see a forward movement of EB3 priority dates in the June Visa Bulletin. How much further? .... that I don't know.
 
MA_Labor said:
So we should hope that they pass this motion early next week. Based on the positive outcome of this motion, we should see a forward movement of EB3 priority dates in the June Visa Bulletin. How much further? .... that I don't know.

The conference bill needs to pass the House and the Senate, and then get signed by the President, and then DOS needs to figure out how that will affect visa numbers available..... considering that the June visa bulletin comes out on May 15th (and probably will be finalized in the next week), June is incredibly optimistic.

This may affect stuff in August. Maybe.
 
TheRealCanadian said:
The conference bill needs to pass the House and the Senate, and then get signed by the President, and then DOS needs to figure out how that will affect visa numbers available..... considering that the June visa bulletin comes out on May 15th (and probably will be finalized in the next week), June is incredibly optimistic.

This may affect stuff in August. Maybe.

Thanks for your valuable input. I have lots of hopes pinned on August, especially since it is the start of the last quarter in FY2005.
 
dwl800 said:
I hope that the PD becomes "Current" for all of us. Good luck to you all.

dwl800

This is my confusion. Retrogression really based upon unavailability of visa numbers or is it because USCIS and consulates are processing the cases equivalent to limit set by law during each quarter.
 
tammy2 said:
This is my confusion. Retrogression really based upon unavailability of visa numbers or is it because USCIS and consulates are processing the cases equivalent to limit set by law during each quarter.

I think that they are processing the cases equivalent to limit set by law during each quarter.
 
MA_Labor said:
I think that they are processing the cases equivalent to limit set by law during each quarter.

Then how does this additional visa numbers are going to help? Are they going to increase the quarterly limit?
 
tammy2 said:
Then how does this additional visa numbers are going to help? Are they going to increase the quarterly limit?

The quarterly limits only apply in the first 3 quarters and the remaining number is made available in the final quarter.

Also, if additional visa numbers are made available, the quarterly percentage allocation should fetch more numbers.
 
MA_Labor said:
The quarterly limits only apply in the first 3 quarters and the remaining number is made available in the final quarter.

Also, if additional visa numbers are made available, the quarterly percentage allocation should fetch more numbers.

That means again in October it is going to be backlogged.
 
tammy2 said:
That means again in October it is going to be backlogged.

There is no denying that the EB3 category would be backlogged in the coming months. But how much ... is the question.
Just a hope that with the availability of additional visa numbers, PD will move forward. Also, I think that the additional visa numbers if made available, are not going to be restricted by the quarterly limits.
 
MA_Labor said:
There is no denying that the EB3 category would be backlogged in the coming months. But how much ... is the question.
Just a hope that with the availability of additional visa numbers, PD will move forward. Also, I think that the additional visa numbers if made available, are not going to be restricted by the quarterly limits.

If whatever we are thinking here is true then Priority date in October depends upon the number approvals during last quarter of current year not upon the number of visa numbers available.
 
Latest news on EB3 relief

The house-senate committe agreed to attach EB3 relief to the final version of the bill.

source: shusterman.com
 
Even if Eb3 relief passed, PDs may not move much ahead. Because americanvisa.com says USCIS already used 64K unused visas in each Q1, Q2 and Q3 of 2005. Now consider, BEC clearing around 300,000 pending labors and they apply 140, now you will see further retro. Sadding 65K via eb3 relief may not help much.

I think unless congerss add additional visas as meny as eb3 needs there may not be any relief for eb3.

This my guess.

Any thought?
 
baby_mde said:
Even if Eb3 relief passed, PDs may not move much ahead. Because americanvisa.com says USCIS already used 64K unused visas in each Q1, Q2 and Q3 of 2005. Now consider, BEC clearing around 300,000 pending labors and they apply 140, now you will see further retro. Sadding 65K via eb3 relief may not help much.

I think unless congerss add additional visas as meny as eb3 needs there may not be any relief for eb3.

This my guess.

Any thought?
Here what I understood from one of my friend who is paralegal.
For 2005

Total Visa number available was =140,000 + approximately 7,000 unused family from FY04 + 101,000 AC21
This comes to 241,000. For each quarter limit on the number visa was 27% of 241000 is 65070. Each country limit is 16870 ( 7% available visa numbers). This includes all employment based visa categories.

If the statute increases the available numbers (.I.e 241000) to a higher number for 2005 then all theses recaptured numbers can be used during the final quarter and subsequent quarters. So there will be forward movement of the during final quarter.
 
That is good. I am more than happy, if they are plenty of Visas that can be used in final quarter. If fact everyone is saying just as said above.

Now tell me, why DOS not expecting EB3 PD move either way. Do you thing DOS/USCIS also considering BEC pending cases?

Please correct me if I am wrong.
 
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