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Latest On Retrogression
Our 9/23/05 comment on retrogression suggesting that there were significant numbers available has led to a deluge of letters to the Editor and discussion. We had suggested that there would be a total of 248,000 visas for FY 2006 comprised of 140,000 (regular quota) + 8,000 (overflow from family) + 101,000 (AC 21 recaptures). Immigration Daily has now learned from USCIS Nebraska Service Center Deputy Director Christian who inquired of Charlie Oppenheim at the Department of State as follows:
"I believed the information in [the comment] to be incorrect and inquired of Charlie Oppenheim at Department of State. His response was as follows: "AC21 had recaptured the FY-1999/FY-2000 unused Employment numbers which totaled approximately 131,000. Approximately 101,000 of those numbers remained available for use in FY-2005, and there will be about 8,000 remaining for use in FY-2006. My estimate for the FY-2006 Employment limit will be 156,000 (140,000 + 8,000 (FY-2005 Family) + 8,000 (AC21)."
Thus, the total number of FY 2006 EB visas is 156,000, not 248,000. The information we supplied earlier was the best estimate available at the time. With the revised numbers from the DOS above for which we thank Mr. Christian and Mr. Oppenheim, the EB situation appears to be bleaker than even we had feared. As indicated earlier, it is possible that there may be some disputes about the count which may or may not be litigated.
As this fluid situation develops, we will be happy to address queries which clearly originate from immigration professionals. Immigrants and employers should contact their immigration attorney for the latest information.
