Making sense of spill-over utilization

Sc3

Registered Users (C)
#1
Hi Gurus,
I know this is probably going to be contentious issue. But, I am trying to get a good reading of how spill over works. Per visa bulletin

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference
level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".

So for EB3, the text says "any number not required by first and second preferences". I take it to mean that EB3 and EB3 should simulataneously consume numbers not used from EB1. My reading is based on lack of languge in EB2 and EB2 about the numbers not required by fourth and fifth preference, however, these number trickle down, and is not lost if EB1 does not need them. But for EB3, there is explicit wording about EB1 as well as EB2. If EB3 were to get numbers only after EB2 has consumed them, why is the EB3 line not just "plus any number not required by second preference"?


I would appreciate your thoughts on your matter, unfortunately on the "other site", any discussion on this topic ends up with accusation of jealousy, dementia and what not.
 

tusharvk

Registered Users (C)
#2
Your point is interesting. I think it is just hair-splitting. Taken in the overall context of the way order of preference by this country of the GC allotment,
EB1>EB2>EB3 (just the order of priority). So, it would make sense that unused EB1 would flow to EB2 and then to EB3. Further, I do not know if the numbers trickle down from 4&5 to 1 and then 2 and 3 also. I know that 1 goes to 2 and 3.
Now, if you want a discussion on what happens within each category, let us have it. Last year it was 1->2->3 (for row); this year it was 1(row)->2(row)->2(IN\CHI).
Hi Gurus,
I know this is probably going to be contentious issue. But, I am trying to get a good reading of how spill over works. Per visa bulletin




So for EB3, the text says "any number not required by first and second preferences". I take it to mean that EB3 and EB3 should simulataneously consume numbers not used from EB1. My reading is based on lack of languge in EB2 and EB2 about the numbers not required by fourth and fifth preference, however, these number trickle down, and is not lost if EB1 does not need them. But for EB3, there is explicit wording about EB1 as well as EB2. If EB3 were to get numbers only after EB2 has consumed them, why is the EB3 line not just "plus any number not required by second preference"?


I would appreciate your thoughts on your matter, unfortunately on the "other site", any discussion on this topic ends up with accusation of jealousy, dementia and what not.
 
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