Friends,
In the same bulletin it says
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In recent years, all Employment-based categories have been “Current” for all countries, primarily as a result of two factors:
The American Competitiveness in the Twenty-First Century Act (Title I of Pub. L. 106 - 313 enacted on October 17, 2000) contained several provisions intended to increase the availability of Employment-based numbers. Pub. L. 106-313 recaptured those Employment-based numbers that were available but not used in Fiscal Years 1999 and 2000, creating a “pool” of 130,107 numbers which could be allocated to applicants in the Employment First, Second, and Third preference categories once the annual Employment-based numerical limit has been reached. Approximately 101,000 of these “pool” numbers remain available for use during FY-1005. Pub. L. 106-313 also removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
Changes in CIS processing procedures during the past two years created a significant backlog of cases and a consequent reduction in demand for numbers.
During the time that the Employment-based categories have remained “Current” many tens of thousands of applicants have become eligible to file for adjustment of status. Last summer, CIS notified Congress of its intent to eliminate its current backlogs by the end of FY-2006. As a result of the CIS backlog reduction effort, we are now experiencing very heavy visa demand as CIS has begun to process cases to conclusion. Section 201(a)(2) of the Immigration and Nationality Act states that not more than 27 percent of the Employment-based annual limit may be used in each of the first three quarters of a fiscal year. Based on the current rate of demand, the 27 percent level for the first quarter of FY-2005 will be exceeded by the end of December.
It has therefore become necessary to impose an Employment-based Third preference cut-off date for January in order to limit number use during the second quarter. Many of the cases have priority dates that are several years old, and the cut-off date represents the first priority date that cannot be accommodated for final processing. The cut-off date will apply only to the following chargeability areas: China-mainland born, India, and Philippines. Cut-off date movement during the remainder of FY-2005 depends on the extent of future visa demand. No specific predictions are possible at this time.
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Couple of Points in the description
A) Pub. L. 106-313 recaptured those Employment-based numbers that were available but not used in Fiscal Years 1999 and 2000, creating a “pool” of 130,107 numbers which could be allocated to applicants in the Employment First, Second, and Third preference categories once the annual Employment-based numerical limit has been reached. Approximately 101,000 of these “pool” numbers remain available for use during FY-1005. Pub. L. 106-313 also removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
B) It has therefore become necessary to impose an Employment-based Third preference cut-off date for January in order to limit number use during the second quarter.
C) The total visa Numbers = 140000
d) Not more than 7 % of 140000 per year is issued to each country. Ie 9800
e) Per Catogory = Not more than 28.6% is issued for each catagory + Unused in any other Catogory = 28.6% of 9800 = 2793. Thats is if the eb1,eb2 numbers are unused numbers per year were, per say 2000. Then the total visa numbers = 2793 + 2000. Visa Versa to all other catogorys. Also there is a per-quarter limitation.
F) The priority date is the date when the labor is filed in EB3 catogory.
Does any one have knowledge to answer my analysis.
a) If they say "101,000 of these “pool” numbers remain available for use during FY-1005. " What they were saying was once the per-year eb3 quota is over then they were using these visa numbers pools. There is no limit of per-country on these numbers also.
A) Does this mean, the person who allready filed and got their 485 RD and EAD and AP is approved will not have any problem or do their application will be held until the priority dates were current. Being the visa numbers were allready issued in these cases why should they hold the application.
B) As part of the department of labor, backlog reduction. if they start processing and clearing the 350000 employment based application in EB3,then green card will become just a dream, being the annal quota is only 140k, and per country it is 10k, per catogory it is 2.5k+unused. Does this mean any one is starting to apply for GC now, they have to wait years.
But if anyone had any insights of that "Twenty-First Century Act " pool of 100k number. please emplain.
.. Anyobody here object to this openion...