sandy_anand
11-10 11:49 AM
I think I have joined IV in last 3 years or so...
Donated money once & have called congressmen & senators many times ...
Could someone please tell me -
What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.
I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....
If IV has accomplished its objectives, then there is no need for any of us to join. But anyway, the following might be listed...hope this helps.
Immigration Voice Achievements
1. September 2009. Streamlining of Security Screening Process for Foreign Scientists: DHS reduced the wait times for Visa stamping in foreign consulates to 2 weeks. A successful campaign was run by IV members. http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/654080-iv-update-good-news-for-people-stuck-due-to-security-checks-while-waiting-for-visas.html
2. September, 2009. Successful completion of FOIA campaign: After filing hundreds of FOIA requests USCIS released the data of pending applications on their website. http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/630599-iv-update-on-visa-numbers-and-foia-data.html
3. 2008: Admin Fix campaign. 2 Year EAD announced by USCIS for all that have filed AOS.
4. 2008. Successful introduction of 3 bills in the House by Rep Zoe. Lofgren. This included elimination of per country limits Bill on which no other organization or business interest had ever advocated until that time. Immigration Voice successfully advocated these bills, brought in co-sponsors and received support from other interests for these bills.
H.R.5882
Title: To recapture employment-based immigrant visas lost to bureaucratic delays and to prevent losses of family- and employment-based immigrant visas in the future.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/23/2008) Cosponsors (31)
H.R.5921
Title: To amend the Immigration and Nationality Act to eliminate the per country level for employment-based immigrants and to end the spill-over of unused immigrant visa numbers between employment-based and family-sponsored categories.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/29/2008) Cosponsors (24)
H.R.6039
Title: To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 5/13/2008) Cosponsors (34)
5. September 18, 2007
1. DC Rally: Thousands of high-skilled immigrants march in the US Capital!
2. Lobby day: IV volunteers attend close to 125 meetings with lawmakers� offices to lobby for congressional intervention
3. Paid Advertisement in the Roll Call- the newspaper that covers the Capitol Hill
4. Media coverage: New York Times, Washington Post, Yahoo, BBC, OC Register, Business Week
5.
6. July 2007 Visa bulletin reversal
1. IV breaks the good news!
2. Flower campaign
i. USCIS takes note of the flower campaign
ii. Media coverage: Business Week, Reuters, Washington Post, New York Times, NPR, Others, Video coverage
3. San Jose Rally
i. Media coverage: Business Week
3. CIR 2006: Manager's amendment
1. IV lobbies to ensure that this amendment contains favorable provisions for high-skilled immigrants
2. The amendment was PASSED, although the bill itself did not survive
4. Access to lawmakers
1. IV is in close contact with Hon. Rep. Zoe Lofgren�s office on several issues related to Employment Based Immigration
2. IV closely worked with Hon. Rep. Zoe Lofgren who played an instrumental role in bringing about reversal of July Visa Bulletin
5. Contact with USCIS. IV was the first one to bring news of the July 2007 Visa Bulletin reversal
6. IV Spokesperson invited to conference at top US University
7. Only organization FOR high-skilled immigrants BY high skilled immigrants
1. Most visited site by high-skilled immigrants in the
2. Number of registered members has risen from 50 to 25000 in less than 2 years! The following are approximate figures:
i. 1/2006: 60
ii. 2/2006: 600
iii. 7/2006: 4500
iv. 1/2007: 7500
v. 7/2007: 15000
vi. 8/2007: 20000
vii. 11/2007: 25000
viii. 07/2008: 30000
IX. 09/2009: 36,810
Donated money once & have called congressmen & senators many times ...
Could someone please tell me -
What has been achieved by IV till date? I know we all meet elected reps, officials in washington dc ..... but I am interested in end result like not wasting visa numbers , implementing spillover & along these lines.
I have asked few friends to join IV but then if they ask me for IV accomplishments - i can't count any....
If IV has accomplished its objectives, then there is no need for any of us to join. But anyway, the following might be listed...hope this helps.
Immigration Voice Achievements
1. September 2009. Streamlining of Security Screening Process for Foreign Scientists: DHS reduced the wait times for Visa stamping in foreign consulates to 2 weeks. A successful campaign was run by IV members. http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/654080-iv-update-good-news-for-people-stuck-due-to-security-checks-while-waiting-for-visas.html
2. September, 2009. Successful completion of FOIA campaign: After filing hundreds of FOIA requests USCIS released the data of pending applications on their website. http://immigrationvoice.org/forum/forum16-iv-agenda-and-legislative-updates/630599-iv-update-on-visa-numbers-and-foia-data.html
3. 2008: Admin Fix campaign. 2 Year EAD announced by USCIS for all that have filed AOS.
4. 2008. Successful introduction of 3 bills in the House by Rep Zoe. Lofgren. This included elimination of per country limits Bill on which no other organization or business interest had ever advocated until that time. Immigration Voice successfully advocated these bills, brought in co-sponsors and received support from other interests for these bills.
H.R.5882
Title: To recapture employment-based immigrant visas lost to bureaucratic delays and to prevent losses of family- and employment-based immigrant visas in the future.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/23/2008) Cosponsors (31)
H.R.5921
Title: To amend the Immigration and Nationality Act to eliminate the per country level for employment-based immigrants and to end the spill-over of unused immigrant visa numbers between employment-based and family-sponsored categories.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 4/29/2008) Cosponsors (24)
H.R.6039
Title: To amend the Immigration and Nationality Act to authorize certain aliens who have earned a master's or higher degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence.
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 5/13/2008) Cosponsors (34)
5. September 18, 2007
1. DC Rally: Thousands of high-skilled immigrants march in the US Capital!
2. Lobby day: IV volunteers attend close to 125 meetings with lawmakers� offices to lobby for congressional intervention
3. Paid Advertisement in the Roll Call- the newspaper that covers the Capitol Hill
4. Media coverage: New York Times, Washington Post, Yahoo, BBC, OC Register, Business Week
5.
6. July 2007 Visa bulletin reversal
1. IV breaks the good news!
2. Flower campaign
i. USCIS takes note of the flower campaign
ii. Media coverage: Business Week, Reuters, Washington Post, New York Times, NPR, Others, Video coverage
3. San Jose Rally
i. Media coverage: Business Week
3. CIR 2006: Manager's amendment
1. IV lobbies to ensure that this amendment contains favorable provisions for high-skilled immigrants
2. The amendment was PASSED, although the bill itself did not survive
4. Access to lawmakers
1. IV is in close contact with Hon. Rep. Zoe Lofgren�s office on several issues related to Employment Based Immigration
2. IV closely worked with Hon. Rep. Zoe Lofgren who played an instrumental role in bringing about reversal of July Visa Bulletin
5. Contact with USCIS. IV was the first one to bring news of the July 2007 Visa Bulletin reversal
6. IV Spokesperson invited to conference at top US University
7. Only organization FOR high-skilled immigrants BY high skilled immigrants
1. Most visited site by high-skilled immigrants in the
2. Number of registered members has risen from 50 to 25000 in less than 2 years! The following are approximate figures:
i. 1/2006: 60
ii. 2/2006: 600
iii. 7/2006: 4500
iv. 1/2007: 7500
v. 7/2007: 15000
vi. 8/2007: 20000
vii. 11/2007: 25000
viii. 07/2008: 30000
IX. 09/2009: 36,810
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gg_ny
09-08 07:41 PM
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
biostatistician job position can involve analysis of biological data. That qualifies you still as a biological researcher. Biological researcher is a very very very broad term working from bacteria to human genetic diseases; deep sea fish to suspected life forms in asteroids and space debri (astrobiology). It is basically a straightforward description of what you are going to do as a biostatistician and justification of how this will still qualify you as a biological researcher. That makes it very much job specific: if you are going to use statistical methods to analyze GE's cat scanner machine performace it would not be biological research, but if you are going to use some statistical methods in analyzing cat scanned body images and tie your analysis to clinical conditions it would. If you could post both your current job description in your gc application and the prospective biostatistican job description as you see, I can try to help you.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
biostatistician job position can involve analysis of biological data. That qualifies you still as a biological researcher. Biological researcher is a very very very broad term working from bacteria to human genetic diseases; deep sea fish to suspected life forms in asteroids and space debri (astrobiology). It is basically a straightforward description of what you are going to do as a biostatistician and justification of how this will still qualify you as a biological researcher. That makes it very much job specific: if you are going to use statistical methods to analyze GE's cat scanner machine performace it would not be biological research, but if you are going to use some statistical methods in analyzing cat scanned body images and tie your analysis to clinical conditions it would. If you could post both your current job description in your gc application and the prospective biostatistican job description as you see, I can try to help you.
kode
02-03 10:51 AM
i am not happy :( !!
i could have done something better than a sad grey unpopulated castle with good shadows ..
oh well .. i will next time :bad:
i could have done something better than a sad grey unpopulated castle with good shadows ..
oh well .. i will next time :bad:
2011 images sad love quotes and
anilsal
12-26 10:25 AM
a couple of months can call the customer service to at least get someone look at their files.
Demand for visas exceeds the supply.
Demand for visas exceeds the supply.
more...
saimrathi
07-10 01:19 PM
Its already on youtube.. check this http://www.michaelmoore.com/
Guys we should put this on youtube and hit with star ratings and supporting messages for moore...........
http://www.cnn.com/video/#/video/bestoftv/2007/07/09/blitzer.michael.moore.cnn
CNN never tell truth no matter what it is...immigration, health care, .....
Guys we should put this on youtube and hit with star ratings and supporting messages for moore...........
http://www.cnn.com/video/#/video/bestoftv/2007/07/09/blitzer.michael.moore.cnn
CNN never tell truth no matter what it is...immigration, health care, .....
indian
12-20 06:14 PM
Hi,
Great post. Question: does anyone know where -- preferably online -- can I get hold of the text of immigration law sections referred?
I am not doubting the veracity of the post. But I think it would help if I -- and also others -- can actually read the relevant sections, and possibly the entire chapter, of the law text to really understand for ourselves what it says.
I think doing this would also help us have a much more informed and to the point debate.
Indian.
Great post. Question: does anyone know where -- preferably online -- can I get hold of the text of immigration law sections referred?
I am not doubting the veracity of the post. But I think it would help if I -- and also others -- can actually read the relevant sections, and possibly the entire chapter, of the law text to really understand for ourselves what it says.
I think doing this would also help us have a much more informed and to the point debate.
Indian.
more...
paskal
07-13 11:16 PM
Hi everyone,
I reviewed the text of the bill...and, to the best of my understanding, the Dream Act applies to both legal and illegal children. This bill is crucial for me. I am 27 years old and have been in the United States since age 1 (Yes, 26 years)...LEGALLY!!! My husband (i married another visa holder and changed my status about 5 years ago) and I have been pending for a greencard for about 2.5 years now (I'm not counting the other failed attempts)...and still no luck. I completed my bachelors degree in Psychology years ago and cannot work (my field of study is fairly common in the US...nobody I've come across was willing to sponsor for an h-1). Unfortunately, going back to my "home" county isn't an option for me because this is the only home I've ever known. Anyhow, I would really appreciate everyone's support...hopefully this piece of legislation can benefit people like myself and we can contribute to society as well. Thanks!! :)
are certain about this?
the recent versions of the DREAM act were clearly meant ONLY for children without documentation. that remains one of the most troublesome aspects of this legislation.
to address the comments above: sure we are all for the kids of illegal workers, but we would like to see the same benefits at least be provided to those who play by the rules....the above story is an excellent example of this.
I reviewed the text of the bill...and, to the best of my understanding, the Dream Act applies to both legal and illegal children. This bill is crucial for me. I am 27 years old and have been in the United States since age 1 (Yes, 26 years)...LEGALLY!!! My husband (i married another visa holder and changed my status about 5 years ago) and I have been pending for a greencard for about 2.5 years now (I'm not counting the other failed attempts)...and still no luck. I completed my bachelors degree in Psychology years ago and cannot work (my field of study is fairly common in the US...nobody I've come across was willing to sponsor for an h-1). Unfortunately, going back to my "home" county isn't an option for me because this is the only home I've ever known. Anyhow, I would really appreciate everyone's support...hopefully this piece of legislation can benefit people like myself and we can contribute to society as well. Thanks!! :)
are certain about this?
the recent versions of the DREAM act were clearly meant ONLY for children without documentation. that remains one of the most troublesome aspects of this legislation.
to address the comments above: sure we are all for the kids of illegal workers, but we would like to see the same benefits at least be provided to those who play by the rules....the above story is an excellent example of this.
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anilsal
12-13 12:50 AM
It is just a vicious circle of wait-n-watch gymnastics.
more...
Libra
01-16 01:00 PM
bump
hair more.
ragz4u
04-01 12:49 PM
Apologies to eb3retro and logiclife...I had to delete your posts to make this summary post
We already have folks in the following firms willing to talk to their employers. If you are from one of these firms, why don't you join your fellow colleagues in approaching your decision makers. Send us an email and we will put you guys in touch with each other
1) Siemens Power Generation
2) Microsoft
3) Barclays bank
4) Oracle Corporation
The following folks have already sent the fax, Count = 80
Anai
Ragz4u
latina
masala_dosa
aparnak
felix31
radosav
gc_bucs
golgappas
Superape
Leena
Nikhil
xu1
sats123
pcs
bkarnik
traffic_engr
shalini_s_b
reachag + spouse
lccleared
reachrc
aray
raydhan
raj123
willgetgc2005
bklog_sufferer
lonedesi
parrytee
logiclife
sureshksv
bandya
gc_bucs
virtual55
fightretro
samnay
glen
sats123
houston2005
labor2003
jnayar2006
eb3retro
posmd
mariusp
eb_retrogression
khodalmd
GodBlessYou
aj_jadeja
Higcoptimist
sai
anandrajesh
nish17
bkarnik
prav27
mali03
manojp4
brkl1935
cmathew
madhuri
mwaikul
satyab7
jkays94
gcwaiter
GCwaitforever
baburob2
apnair2002
ngodisha
CWYGC
rbms
dibert_cal
need_EAD
laborfd
n77
jjjun
rajbgp2002
justAnotherFile
nviren
mygc2006
learning01
snallini
We already have folks in the following firms willing to talk to their employers. If you are from one of these firms, why don't you join your fellow colleagues in approaching your decision makers. Send us an email and we will put you guys in touch with each other
1) Siemens Power Generation
2) Microsoft
3) Barclays bank
4) Oracle Corporation
The following folks have already sent the fax, Count = 80
Anai
Ragz4u
latina
masala_dosa
aparnak
felix31
radosav
gc_bucs
golgappas
Superape
Leena
Nikhil
xu1
sats123
pcs
bkarnik
traffic_engr
shalini_s_b
reachag + spouse
lccleared
reachrc
aray
raydhan
raj123
willgetgc2005
bklog_sufferer
lonedesi
parrytee
logiclife
sureshksv
bandya
gc_bucs
virtual55
fightretro
samnay
glen
sats123
houston2005
labor2003
jnayar2006
eb3retro
posmd
mariusp
eb_retrogression
khodalmd
GodBlessYou
aj_jadeja
Higcoptimist
sai
anandrajesh
nish17
bkarnik
prav27
mali03
manojp4
brkl1935
cmathew
madhuri
mwaikul
satyab7
jkays94
gcwaiter
GCwaitforever
baburob2
apnair2002
ngodisha
CWYGC
rbms
dibert_cal
need_EAD
laborfd
n77
jjjun
rajbgp2002
justAnotherFile
nviren
mygc2006
learning01
snallini
more...
illusions
02-21 05:44 PM
So now they want to revise that Q&A! ;)
See http://www.aila.org/content/default.aspx?docid=24696
"February 21, 2008
USCIS HQ has informed AILA Liaison that the February 19, 2008
Questions and Answers on its FBI name check policy have been
withdrawn from the USCIS website for revision. An update of the Q
& As is expected within a few days."
Can't wait to see what dodgy language they cut out and what even more dodgy language they introduce.
that's more like the USCIS.:rolleyes:
Any predictions on if they might move the PD's to something more reasonable for everyone by mid march ?
See http://www.aila.org/content/default.aspx?docid=24696
"February 21, 2008
USCIS HQ has informed AILA Liaison that the February 19, 2008
Questions and Answers on its FBI name check policy have been
withdrawn from the USCIS website for revision. An update of the Q
& As is expected within a few days."
Can't wait to see what dodgy language they cut out and what even more dodgy language they introduce.
that's more like the USCIS.:rolleyes:
Any predictions on if they might move the PD's to something more reasonable for everyone by mid march ?
hot thinking of you quotes
vactorboy29
04-29 01:06 PM
India was demanding latest fighter jets (F-22) but US can offer only old version F-16,F-18 to India. Basic reason for US denial to latest technology because of India -US relation and their status .US only offers new technology to its close allys. I think it was prudent move from India’s part to get latest and greatest technology. To get these new technologies US congress needs to pass law and define India as close ally.
more...
house more.
ibb
02-27 02:49 PM
They gambled and they lost. Plain and simple.
HI ..most the CP filers are in US and contribute to Immigration Voice regularly. You can say by mistake or something else some people chose to go for Consular Processing when dates became current and they all are in bad shape at this time. If you think about those who applied for Cp being in US then you would realise 485 filers are too much priviledged in comparison of them.
Thank
HI ..most the CP filers are in US and contribute to Immigration Voice regularly. You can say by mistake or something else some people chose to go for Consular Processing when dates became current and they all are in bad shape at this time. If you think about those who applied for Cp being in US then you would realise 485 filers are too much priviledged in comparison of them.
Thank
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rockstart
01-15 08:08 AM
I have sent the letter to WH and cast vote.
more...
pictures more.
snathan
06-18 07:19 PM
Can we have a letter / online fax campaign atleast...
May be a letter from Rep Longfren etc.
Yes...we are. I will let you know once we are ready.
Thanks.
May be a letter from Rep Longfren etc.
Yes...we are. I will let you know once we are ready.
Thanks.
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paskal
08-31 05:29 PM
i meant to ask this earlier
if you are unable to make it to DC- and if it's for any reason that we can help with at all- please let me know. you can pm if you want.
if you are unable to make it to DC- and if it's for any reason that we can help with at all- please let me know. you can pm if you want.
more...
makeup letters. last letter
mjULTRA
02-11 12:55 PM
i really liked all the entires, especially eilsoe's but i voted for soul's, because it didn't use the traditional 'to the edge' format, and he successfully broke out of the isometric only view.
Kit your castle was wild, was it done from a photograph?
Kit your castle was wild, was it done from a photograph?
girlfriend Kim Kardashian without make-up
satish_hello
10-02 10:09 PM
EB2 , I-140 approved @Nsc.
hairstyles more.
mariusp
02-20 05:15 PM
I presume that ROW would be significantly impacted by this as India & China would not benefit a lot from it now because of PDs being badly retrogressed. I'm afraid that this has the potential of exhausting EB3-ROW row numbers for the rest of the year. Am I wrong to assume this?
I am trying to figure out the impact of this ruling on the current usage of visa numbers.
I am from ROW so I would like to see how many more from ROW would demand visa numbers due to this new ruling.
Obviously this is important to India and China as well because the only way these two categories would get more visa numbers is from ROW overflow this year as these categories have used up most of their visa numvers for the year.
Any ideas guys??
I am trying to figure out the impact of this ruling on the current usage of visa numbers.
I am from ROW so I would like to see how many more from ROW would demand visa numbers due to this new ruling.
Obviously this is important to India and China as well because the only way these two categories would get more visa numbers is from ROW overflow this year as these categories have used up most of their visa numvers for the year.
Any ideas guys??
qvadis
12-29 12:14 AM
Being on the other side (EB3-ROW) I read the law a bit differently ;-)
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
In short:
- INA 202 (a) (2) establishes a 7% country limit for both FB and EB categories together and per fiscal year.
- INA 202 (a) (3) allows to make unused visas available per quarter in excess to the 7% country limit.
- INA 202 (e) specifies that any visas in excess to 7% must be distributed equally to FB and EB, and each sub-categories.
- INA 202 (a) (5) gives preference to EB (over FB) and determines the allottment for additional visas with preference to EB1 over EB2, etc.
INA 202 (a) (5)
If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
I guess the question here is, what does "visas available" in conjunction with INA 203(b) mean.
INA 203 (b) (3) (EB3)
[...] Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2) [...]
The way I read it all this is that the rules in INA 203 (b) (1)...(5) should be applied first before INA 202 (a) (5), ie. additional visas are only available if EB-3 ROW is current.
So, the allottment should work as follows:
Any unused visas in EB-1 (with regards to 7% country limit) will spill over to EB-2, and unused visas from EB-2 to EB-3, etc. If there are still unused visas, they will be used for countries that are subject to the 7% limit, first in EB-1, then EB-2, etc.
Even before AC21 rule enacted in 2000, there was no �hard� country cap as per INA then. [...]
INA 202 (a) (3)
Therefore, the 7% country cap had always been �soft� till year 2000.
(*Note: DOS do not mix FB and EB categories for visa number allocation/calculation to meet the per country limit. They keep both in separate track to meet separately the 7% limit)
I would disagree with the premise in your note. You could also read it that the 7% applies to the sum of both FB and EB categories: "[T]he total number of immigrant visas [...] under subsections (a) and (b) [...] may not exceed 7 percent [...] of the total number of such visas made available under such subsections [...].�
Subsection (e) actually seems to suggest that any additional visas have to be allotted proportional to FB and EB categories:
[I]INA 202 (e)
If it is determined that the total number of immigrant visas [...] will exceed the numerical limitation [...] visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1)
the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
After year 2000, AC21 has completely removed country cap in each employment category, if excess visas are available in each preference categories.
I guess the important phrase in the law is IF ADDITIONAL VISAS AVAILABLE. You seem to interpret 203 (b) as only up to 28.5% are available without the ones spilled over from higher categories.
Horace Jones
08-02 09:37 AM
The backlog of visa applications is a significant issue. It has been written about previously, and the USCIS has faced a good deal of criticism over it. Here is one piece of such criticism: Migration Information Source - USCIS Faces Criticism over Visa Backlog (http://www.migrationinformation.org/USfocus/display.cfm?id=665)