Feb Visa Numbers
- Thread starter eBhola
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renusun said:
saras 76 from TSC I-485 forum wrote this:
have been looking into this issue at length and have found the following. As kamma has stated, in April 2001 about 300,000 illegal immigrants across America filed for their labor cert. April 2001 was the deadline for the amnesty. Most of these 300,000 cases were filed under EB3 category. These cases have largely been stuck in local labor processing centers over the past 4 years. Since these cases were stuck at the labor stage for the past 4 years, the priority dates for EB3s remained current. Towards the middle of last year (05) the labor centers began approving the 245(i) cases and these cases started becoming eligible for 485 filing. This trend scared the DOS and they retrogressed EB3s in all categories anticipating a flood of 245(i) cases from 2001 that will require visas. Their logic was that people with PDs after 2001 should not get approved before the tens of thousands of PDs from 2001 and before. Hence retrogression began. Now onto how this affects India EB3s directly.
Every year in Oct (start of new fiscal year for the govt) 140,000 visas are made avaible for EB3s. These 140,000 visas are divided amongst the different nationalities. Since India, China, Mexico and Phillipines have the most number of applicants, the goverment has set a limit of 7% visas per year for these countries. This means that in any one year only 7% of 140,000 visas can be given to Indian nationals. So 9,800 Indian nationals can get their GC in a year. The same holds true for China, Mexico and Phillipines. So about 40,000 of the 140,000 visas are given to India, China, Mexico and Phillipines. The remaining 100,000 visas are alloted to the Rest of the World category. In the past, the rest of the world category barely used up even half of the alloted visas. These visas were then given away to applicants from India, China, Mexico and Phillipines. Now comes the troubling part. Since the EB3 category is projected to see a surge of 245(i) cases primarily from India, Mexico and other countries these 245(i) cases will eat into the 7% cap for these nations and will also eat up the visas left over from the Rest of the world category. So technically the extra visas from the Rest of the world category that were made available to countries such as India and China are now going to be eaten up by the surge of 245(i)s from 2001. Irrespective of the the nationality of the 245(i) applicants, they are impacting every category witihn EB3. That is the main reason that almost all EB3 categories have retrogressed and will remain so for a while. Its a grim picture but thats the reality.
That is a mystery ...
wildthing,
That is something I have not been able to find out. Some people have stated that there were some illegals that qualified for EB2 but I am not sure on that. Another possibility that people stated was that visas left over from EB2 and EB1 on a yearly basis are given away to EB3s. Again I cannot confirm this. If this is indeed the case then it makes sense. Basically the DOS has pushed back EB1, EB2 and EB3s to make sure that every extra visa that is left over goes towards reducing the 2001 load. That is my assumption. As I always say, ANYTHING and EVERYTHING is possible when it comes to USCIS.
regards,
saras76
wildthing said:
wildthing,
That is something I have not been able to find out. Some people have stated that there were some illegals that qualified for EB2 but I am not sure on that. Another possibility that people stated was that visas left over from EB2 and EB1 on a yearly basis are given away to EB3s. Again I cannot confirm this. If this is indeed the case then it makes sense. Basically the DOS has pushed back EB1, EB2 and EB3s to make sure that every extra visa that is left over goes towards reducing the 2001 load. That is my assumption. As I always say, ANYTHING and EVERYTHING is possible when it comes to USCIS.
regards,
saras76
Last edited by a moderator:
Things look scary ..
renusun,
If the predictions and analysis are true then the situation for EB3s is not good at all in the short term (2-3) years. But do keep in mind that the 300,000 245(i) cases is an esitmate. There is no telling how many cases there actually are and whether all those cases will make it to the 485 stage. One thing is for sure, we need some legislation that will increase the number of EB3 visas. Not counting dependants towards the annual visa cap will be a huge bonus. If some bill containing these provisions is approved sometime this year, people with PDs in 2001 and 2002 might see an immiediate benefit with later PDs seeing the benefits in 07 and beyond. If no new legislation is passed then the next 2-3 years is going to be tough for us.
I believe we need to support legislation that proposes an increase in the visa numbers. We also need to be realisitic and make back up plans such as pursuing further education, looking at opportunities outside the US and saving a lot of money while we are here. We would be foolish to sit around waiting for the US government to fix the problem. We are the least of their worries at the moment. We are paying our taxes and we are working for cheap. There is no incentive for lawmakers or corporations to solve the retro problem. Keeping all this in mind, we should all be proactive in thinking about our future and should seriously consider the possibility that we may be stuck in this rut for several more years.
Having said all that, I still encourage everyone to not lose hope. We have come this far somehow and we will get through this mess to. A lot of us came to this country with very little and made things work. We can do this anywhere. Its just important for us to stick together.
regards,
saras76
renusun said:
renusun,
If the predictions and analysis are true then the situation for EB3s is not good at all in the short term (2-3) years. But do keep in mind that the 300,000 245(i) cases is an esitmate. There is no telling how many cases there actually are and whether all those cases will make it to the 485 stage. One thing is for sure, we need some legislation that will increase the number of EB3 visas. Not counting dependants towards the annual visa cap will be a huge bonus. If some bill containing these provisions is approved sometime this year, people with PDs in 2001 and 2002 might see an immiediate benefit with later PDs seeing the benefits in 07 and beyond. If no new legislation is passed then the next 2-3 years is going to be tough for us.
I believe we need to support legislation that proposes an increase in the visa numbers. We also need to be realisitic and make back up plans such as pursuing further education, looking at opportunities outside the US and saving a lot of money while we are here. We would be foolish to sit around waiting for the US government to fix the problem. We are the least of their worries at the moment. We are paying our taxes and we are working for cheap. There is no incentive for lawmakers or corporations to solve the retro problem. Keeping all this in mind, we should all be proactive in thinking about our future and should seriously consider the possibility that we may be stuck in this rut for several more years.
Having said all that, I still encourage everyone to not lose hope. We have come this far somehow and we will get through this mess to. A lot of us came to this country with very little and made things work. We can do this anywhere. Its just important for us to stick together.
regards,
saras76
Last edited by a moderator:
Check out "Surge of Old PD's".
Oh, man, you got to check out "Surge of Old PD's" on this forum. You will see some calculations from unitednations.
I don't want to scare you, but basically, it'll take about 15 years for India and China's EB3 to pass 4/30/2001 in terms of PD business.
fiveice
Oh, man, you got to check out "Surge of Old PD's" on this forum. You will see some calculations from unitednations.
I don't want to scare you, but basically, it'll take about 15 years for India and China's EB3 to pass 4/30/2001 in terms of PD business.
fiveice
