hopefulgc
02-14 03:38 PM
damn.. lazycis you are good... its a winning precedent.
would you be our lawyer (you have a few weeks to get the JD and clear the bar exam)
:)
---------------------------
Originally Posted by lazycis View Post
"Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "
http://immigrationvoice.org/forum/showpost.php?p=223326&postcount=124
See the Judge ruling from Lazycis post regarding namecheck. USCIS has an obligation to use the numbers to the fullest extent.
would you be our lawyer (you have a few weeks to get the JD and clear the bar exam)
:)
---------------------------
Originally Posted by lazycis View Post
"Another aspect of the present misconduct relates to the agency's failure to fulfill a statutory duty. The INS has a statutory obligation to issue visas to qualified applicants to the full extent of the annual quota limits established by Congress. 6 The legislative history of the Immigration & Naturalization Act indicates that this duty has not been left to agency discretion, see S.Rep. No. 748, 89th Cong., 1st Sess. reprinted in (1965) U.S.Code Cong. & [*39] Ad.News, pp. 3328, 3337-38, but is obligatory upon the agency. "
http://immigrationvoice.org/forum/showpost.php?p=223326&postcount=124
See the Judge ruling from Lazycis post regarding namecheck. USCIS has an obligation to use the numbers to the fullest extent.
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snathan
08-16 06:03 PM
Well i want to see a day when you are held up in secondary for 1.5 hours and then tell us your opinion.
Your post is biased in the sense you trust everything thats coming out from immigration CBP but nothing that comes from Shahrukh. I want to know how did they count 66 mins accurately?
A) was it time from standing in queue to being released?
B_ Was it time of primary + secondary
C) was it time of secondary only?
Did they have stop watch from the time shahrukh entered the building?
Even if he is detained for sixty hours how its matter for GOI. Are they coming to rescue if you or me detained for 2 hrs...why only for SRK..?
Your post is biased in the sense you trust everything thats coming out from immigration CBP but nothing that comes from Shahrukh. I want to know how did they count 66 mins accurately?
A) was it time from standing in queue to being released?
B_ Was it time of primary + secondary
C) was it time of secondary only?
Did they have stop watch from the time shahrukh entered the building?
Even if he is detained for sixty hours how its matter for GOI. Are they coming to rescue if you or me detained for 2 hrs...why only for SRK..?
PSReddy
09-05 04:27 PM
Go see your own posts AH.....
U Need to alteast learn how to hide your true identity......MOTHER FUCKER...
This too funny with 15 pages and nothing to achieve. No immigration realted issues.
Reddy: This is my first post. Do not degrade ourselves for some filthy discussion. You are degrading every one here and you are EB2. Can you justify why do you have to be in EB2 while using such words?
In doubt, do not suspect the entire village, just ask your neighbor or you can ask your father who your Biological father is. Why do you think True Facts is your Bio father?
U Need to alteast learn how to hide your true identity......MOTHER FUCKER...
This too funny with 15 pages and nothing to achieve. No immigration realted issues.
Reddy: This is my first post. Do not degrade ourselves for some filthy discussion. You are degrading every one here and you are EB2. Can you justify why do you have to be in EB2 while using such words?
In doubt, do not suspect the entire village, just ask your neighbor or you can ask your father who your Biological father is. Why do you think True Facts is your Bio father?
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WeShallOvercome
07-10 12:41 PM
I got my canadian PR early this year and have another 3 months to land. I think other companies will follow MSFT and there will be a lot of consulting companies to support them as well. Some more avenues for Desi companies to exploit employees but I guess since we don't need to depend on employers to get our PR, they may not have their way the way they do here in the US.
more...
TeddyKoochu
07-22 12:49 PM
I had green dots till yesterday, but after posting fun stuff on this thread people gave me red dots..... why is that? This tread has zero value, it is like Santa singh jokes.
Looks like people are so serious in their life that they cannot understand difference between fun and real stuff...
This thread was for fun so I posted funny things....pls don't give me red for this
Thanks Rohan, Iam glad that we clarified the mis-understanding and that I have not lost a good friend due to some confusion. I have not given any red dots for any of your posts rest assured.
Looks like people are so serious in their life that they cannot understand difference between fun and real stuff...
This thread was for fun so I posted funny things....pls don't give me red for this
Thanks Rohan, Iam glad that we clarified the mis-understanding and that I have not lost a good friend due to some confusion. I have not given any red dots for any of your posts rest assured.
amsgc
12-21 04:07 PM
albertpinto,
I agree that it is not going to be easy - but I don't see any other way.
It is easy to throw numbers - 200K, 500K waiting, 750K apps received etc. etc., but unless there is evidence to back it up, these numbers mean nothing. What is our answer to a Senator who asks how many people are waiting in line Eb category? And what is the source of that data?
How else can we estimate how much money we are paying every year in taxes and contributing to the growth of the economy? Or, how many really intend to buy a house on receipt of the Green Card?
Perhaps we can think of some other strategy to arrive at some concrete numbers - but I sincerely don't think a database of anonymous unverifiable members is of much use. By the way, when I said verifiable, I meant that if a representative from a senators office were to randomly call a number from the database, he would find a legal immigrant at the other end who is trying to find his way through this process.
I like the idea of a temporary green card - there has been talk about it in the forums in the past. We could also consider pitching the idea of "expedited/early evaluation/adjudication", of the I-485, for a fee. The main point could be:
- For a fee, you will know for sure whether all your paperwork/interview work is complete, the case has been adjudicated, and your application is waiting only for a visa umber.
- Once the case is adjudicated - the USCIS sends you a letter that it is complete. Now can do almost anything with your EAD/AP - work for any employer, any field, any state, study, start a business etc.
The USCIS can define the criteria for accepting cases for early evaluation, such as:
- PD older than 3 years
- Buying a house etc.
- Attempting to start a business, changing job, going back to school to enhance skills etc.
Any other thoughts, any one?
I will be surprised if you get many mails - if you are asking people to reveal their phone numbers and the estimated taxes - how many will send mails ? and how can you verify what is being sent ??
the main point should be keep it simple !!!
-- I suggest this ...
1) come up with a plan ..either to send letters to media or logfren or both ..tell them about GC and housing and to speed up the process for those already here (rather than increasing h1 - which is controversial during slowdowns).
at the very least give us temporary green cards (if they cannot do a recapture) ..this temp card should be similar to permanent GC ..but it should give the applicant the freedom from RFE's etc (I know these sound difficult ..but it is new year and who knows Santa may grant us our wish :)).
2) give them approx figure that there are 300k families who are planning to buy house sooner or later ..but the GC is preventing them.
3) the other main point is to keep on increasing IV's member ship by telling everyone about this campaign ..maybe we need the dedication like the AMway guys to increase membership !!
(also ..please post on one thread and keep only one thread active at a time).
I agree that it is not going to be easy - but I don't see any other way.
It is easy to throw numbers - 200K, 500K waiting, 750K apps received etc. etc., but unless there is evidence to back it up, these numbers mean nothing. What is our answer to a Senator who asks how many people are waiting in line Eb category? And what is the source of that data?
How else can we estimate how much money we are paying every year in taxes and contributing to the growth of the economy? Or, how many really intend to buy a house on receipt of the Green Card?
Perhaps we can think of some other strategy to arrive at some concrete numbers - but I sincerely don't think a database of anonymous unverifiable members is of much use. By the way, when I said verifiable, I meant that if a representative from a senators office were to randomly call a number from the database, he would find a legal immigrant at the other end who is trying to find his way through this process.
I like the idea of a temporary green card - there has been talk about it in the forums in the past. We could also consider pitching the idea of "expedited/early evaluation/adjudication", of the I-485, for a fee. The main point could be:
- For a fee, you will know for sure whether all your paperwork/interview work is complete, the case has been adjudicated, and your application is waiting only for a visa umber.
- Once the case is adjudicated - the USCIS sends you a letter that it is complete. Now can do almost anything with your EAD/AP - work for any employer, any field, any state, study, start a business etc.
The USCIS can define the criteria for accepting cases for early evaluation, such as:
- PD older than 3 years
- Buying a house etc.
- Attempting to start a business, changing job, going back to school to enhance skills etc.
Any other thoughts, any one?
I will be surprised if you get many mails - if you are asking people to reveal their phone numbers and the estimated taxes - how many will send mails ? and how can you verify what is being sent ??
the main point should be keep it simple !!!
-- I suggest this ...
1) come up with a plan ..either to send letters to media or logfren or both ..tell them about GC and housing and to speed up the process for those already here (rather than increasing h1 - which is controversial during slowdowns).
at the very least give us temporary green cards (if they cannot do a recapture) ..this temp card should be similar to permanent GC ..but it should give the applicant the freedom from RFE's etc (I know these sound difficult ..but it is new year and who knows Santa may grant us our wish :)).
2) give them approx figure that there are 300k families who are planning to buy house sooner or later ..but the GC is preventing them.
3) the other main point is to keep on increasing IV's member ship by telling everyone about this campaign ..maybe we need the dedication like the AMway guys to increase membership !!
(also ..please post on one thread and keep only one thread active at a time).
more...
andy007
07-04 12:42 PM
For my spouse, I've to take care of all the fees for I-485 / I-765 / I-131 / Biometric ( $325 + $180 + $170 + $ 70). For me, I've to take care only I-131 Fees ( $170). The Company Pays the fees only for my I-485 and I-765 and also take care of the Attorney Fees for both of us. They also reimburse the Medical Expenses, if the insurance does not cover the charges, only for Employee/ Primary applicant. For all dependents it is my responsibility.
You are right i did not mention EAD & AP, My Lawyer did not file for it.. so i don't have numbers for these.. sorry .. so Per Person it will be like Avg. > $3000.00 or more..
You are right i did not mention EAD & AP, My Lawyer did not file for it.. so i don't have numbers for these.. sorry .. so Per Person it will be like Avg. > $3000.00 or more..
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lahiribaba
10-09 05:32 PM
china an economic superpower..;-)..good joke..
China is not a superpower economically? you must be still in your 1980s time capsule ... in a few years China will definitely have as much economic clout as US...and FYI there domestic consumption is now big enough to sustain them.
It is not simply that...immigraion is not always abt economics..its more and beyond... the US vision of a global melting pot has nothing to do with purchasing power of educated immigrants....
Yes immigration is not about economy only but a vibrant economy is the direct result of infusion of more skilled human resouces. Since you are in a self imposed time capsule my friend let me remind you it is not about being a melting pot anymore it is about being the salad bowl where everyone preserves their own identities yet affirms to a common goal. It is prehistoric to still not link vibrancy of economy with immigration. Like President Bush said "When immigrants assimilate and advance in our society, they realize their dreams, they renew our spirit, and they add to the unity of America.
".. It is time that folks adjusts themselves to the new world reality.
every desi here thinks he is that elusive golden goose..that the US govt has been waiting for...and to prove that they are ready to shove their hand up their arse and pull out the golden egg and exchange it for a piece of card..:rolleyes:
I did not recall mentioning anything about your favourite fairy tale of a goose and a butcher and some eggs. My point is that this economy can be fixed by letting the aspirations of legal immigrants run free which include setting up businesses , raising families , buying house etc. Yes the GC is a way to free those aspirations.
i dont know who your financial advisor is who is suggesting that u buy a house in an economy that is in recession..:mad:
Well it is upto someone to see the glass half empty or half full. There are lot of people who is of the opinion that it is a great time to buy .. buy low sell high .. that is the mantra.
btw..thanks for those red dots..
No freaking idea what you are talking about.
China is not a superpower economically? you must be still in your 1980s time capsule ... in a few years China will definitely have as much economic clout as US...and FYI there domestic consumption is now big enough to sustain them.
It is not simply that...immigraion is not always abt economics..its more and beyond... the US vision of a global melting pot has nothing to do with purchasing power of educated immigrants....
Yes immigration is not about economy only but a vibrant economy is the direct result of infusion of more skilled human resouces. Since you are in a self imposed time capsule my friend let me remind you it is not about being a melting pot anymore it is about being the salad bowl where everyone preserves their own identities yet affirms to a common goal. It is prehistoric to still not link vibrancy of economy with immigration. Like President Bush said "When immigrants assimilate and advance in our society, they realize their dreams, they renew our spirit, and they add to the unity of America.
".. It is time that folks adjusts themselves to the new world reality.
every desi here thinks he is that elusive golden goose..that the US govt has been waiting for...and to prove that they are ready to shove their hand up their arse and pull out the golden egg and exchange it for a piece of card..:rolleyes:
I did not recall mentioning anything about your favourite fairy tale of a goose and a butcher and some eggs. My point is that this economy can be fixed by letting the aspirations of legal immigrants run free which include setting up businesses , raising families , buying house etc. Yes the GC is a way to free those aspirations.
i dont know who your financial advisor is who is suggesting that u buy a house in an economy that is in recession..:mad:
Well it is upto someone to see the glass half empty or half full. There are lot of people who is of the opinion that it is a great time to buy .. buy low sell high .. that is the mantra.
btw..thanks for those red dots..
No freaking idea what you are talking about.
more...
deepakjain
01-22 04:26 PM
Then please pack your bags and leave the country in the next flight..
Good Answer, it is easier said then done. Anyone who has been working here without any issues at work place why should he/she leave because of delay in getting GC. Yes we definitely have an uncertain future but that should not stop people like us for staying here, buying house, cars and living a decent life here in US.
Getting a GC is part of my employment process for staying here for a longer duration without any visa hassles, this should not stop atleast any Indian to live life to the fullest here in US.
Good Answer, it is easier said then done. Anyone who has been working here without any issues at work place why should he/she leave because of delay in getting GC. Yes we definitely have an uncertain future but that should not stop people like us for staying here, buying house, cars and living a decent life here in US.
Getting a GC is part of my employment process for staying here for a longer duration without any visa hassles, this should not stop atleast any Indian to live life to the fullest here in US.
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GCDream
07-03 08:39 PM
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who
got 156 so far..
We need more then this..
Dugg 159
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who
got 156 so far..
We need more then this..
Dugg 159
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who
more...
GCmuddu_H1BVaddu
09-16 10:20 PM
Fool, I will ask a new question.
Did NTR fathered you OR NTR, Chandrababu together fathered you? OR are you upset because YSR did not father you ? Ask your M and comeback and tell us.
If you don't like a person keep it to you. Don't rant on dead people caste based and make fool of you.
GCmuddu_H1BVaddu,
I ask the same question as asked by others. Is YSR your father or did he fathered you? If you like him, keep it to yourself otherwise prove that all facts posted by me are wrong ?
If you rant on me, you only make fool of yourself...by the way I can rant on you too.
Did NTR fathered you OR NTR, Chandrababu together fathered you? OR are you upset because YSR did not father you ? Ask your M and comeback and tell us.
If you don't like a person keep it to you. Don't rant on dead people caste based and make fool of you.
GCmuddu_H1BVaddu,
I ask the same question as asked by others. Is YSR your father or did he fathered you? If you like him, keep it to yourself otherwise prove that all facts posted by me are wrong ?
If you rant on me, you only make fool of yourself...by the way I can rant on you too.
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HOPE_GC_SOON
07-17 12:44 PM
Hi Kshitijnt,
If it doesnot mattter: May I know, what was the problem found in your labor.. Is it due to Acquisition, or because of your Educational/ occupational postiion.
Can you share some info.. Just for awareness.
Thanks,
For short term yes. Long term No.
If there is a surge of ROW applicants. India & China applicants are at severe disadvantage.
If it doesnot mattter: May I know, what was the problem found in your labor.. Is it due to Acquisition, or because of your Educational/ occupational postiion.
Can you share some info.. Just for awareness.
Thanks,
For short term yes. Long term No.
If there is a surge of ROW applicants. India & China applicants are at severe disadvantage.
more...
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rajsenthil
08-17 03:40 PM
May be that immigration officer might have seen his stupid movie(s) and really got irritated. Finally when he got a chance, he let out his frustration.
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samay
07-14 06:33 AM
I have a unique situation
1. My PD is EB3 July 2004.
2. My wife's PD is EB2 Jan 2005
3. I am dependent on my wife's 485 filed on July 2007. Her I140 is approved.
4. I switched job on EAD I got from her adjustment application,but earlier company has retained my I140 application.
The H1 from earlier company expires in August 2008.
Question is what are my options regarding using my I140.
1. Can i port my PD for my Wife's application, since it is 6 months earlier ?
2. Is there a possibility that I can use my I140 whenever it is approved to get an EAD independently since I have already applied for adjustment from my wife's application and not be a dependent on my wife's case.
1. No
2. You cannot do that unless you applied for adjustment of status (I-485") as the primary applicant. Since your date is not current right now you cannot file your adjustment of status as a primary applicant.
1. My PD is EB3 July 2004.
2. My wife's PD is EB2 Jan 2005
3. I am dependent on my wife's 485 filed on July 2007. Her I140 is approved.
4. I switched job on EAD I got from her adjustment application,but earlier company has retained my I140 application.
The H1 from earlier company expires in August 2008.
Question is what are my options regarding using my I140.
1. Can i port my PD for my Wife's application, since it is 6 months earlier ?
2. Is there a possibility that I can use my I140 whenever it is approved to get an EAD independently since I have already applied for adjustment from my wife's application and not be a dependent on my wife's case.
1. No
2. You cannot do that unless you applied for adjustment of status (I-485") as the primary applicant. Since your date is not current right now you cannot file your adjustment of status as a primary applicant.
more...
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Leo07
06-16 04:58 PM
...immediate relief for legal immigrants, before Mr O gets to CIR?
Why are we seeing posts related to porn on this site???????
Why are we seeing posts related to porn on this site???????
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akred
02-15 07:26 PM
My point is that the immigration laws of the United States were racist until the 1952 INA act. They specifically placed quotas on people based on the color of their skin. Today's restrictions, while bizarre, unreasonable and unfair in many ways, cannot be defined as racist.
Sure it is. Check the UN definition.
http://www.unhchr.ch/html/menu3/b/d_icerd.htm
...any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
Sure it is. Check the UN definition.
http://www.unhchr.ch/html/menu3/b/d_icerd.htm
...any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
more...
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unseenguy
06-12 01:21 AM
If you have seen any companies misuse the H1 and L1 visa, you can complain about them. Dont go screaming around that the whole H1 and L1 program is bad. Its because of people like you that a whole group gets a bad name due to some rotten apples. Btw, all your arguments dont seem to help the IV community. Why are you even here on IV if your idealogy is not aligned with IV ? If you cant support us we dont need suggestions from a traitor like you.
He has not learnt his lesson. Let him figure out why he was laid off thrice.
He has not learnt his lesson. Let him figure out why he was laid off thrice.
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GCOffice
09-28 10:51 PM
Hi ,
My husband is a GC holder. For some family reasons we would like to stay in INDIA for couple of years(or maximum time we can). I know we have to apply for a reentry permit. Is it a tough one to get and how early should we apply for it.
Thanks in advance
My husband is a GC holder. For some family reasons we would like to stay in INDIA for couple of years(or maximum time we can). I know we have to apply for a reentry permit. Is it a tough one to get and how early should we apply for it.
Thanks in advance
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ragz4u
10-24 12:52 PM
I was under the impression that only an 'approved' labor can be substituted. I recently had a conversation with a friend whose company attorney had told him that even unapproved labors stuck in the Backlog center can be substituted.
I am pretty confident that this is another case of an unethical, not-well-versed lawyer wishing to make a quick buck, but can someone please enlighten me if I am wrong?
I am pretty confident that this is another case of an unethical, not-well-versed lawyer wishing to make a quick buck, but can someone please enlighten me if I am wrong?
Dionysios
10-12 02:11 PM
My uncle was a green card holder for approx. 40 years when he lived and worked in the US. During this time, he became eligible for medicare and medicaid. A few years ago he decided to return to his original home country. As he did not and does not have any plans to return to the US to live, he surrendered his green card at the US consulate. However, when he recently applied for a non-immigrant visa to visit the US to use the services covered by medicare, he was denied a visa. It seems quite unfair that he worked in the US, paid all the necessary taxes and withholdings and is now prevented in using the medicare services. Is there anything he can do?
dummgelauft
06-24 01:39 PM
This is what I received from a immigration lawyer ......
LATEST GRIM VISA BULLETIN PROJECTIONS FOR EMPLOYMENT-BASED GREEN CARDS ILLUSTRATE NEED FOR COMPREHENSIVE IMMIGRATION REFORM
There are few things that clearly demonstrate the overarching need for immigration reform than the most recent information provided by the U.S. Department of State's (DOS) Visa Bulletin. The Visa Bulletin provides information on the availability of immigrant visa numbers, which dictates when foreign nationals may apply for green cards under various preference categories. The July installment of the Visa Bulletin shows complete unavailability for the vast majority of employment-based cases. Moreover, DOS projections show that demand for higher-preference green card categories could reach record levels, which would lead to backlogs in these categories where green card numbers were traditionally available in the past.
The Visa Bulletin establishes "cut-off" dates based on the demand for green cards versus the amount actually available under immigration law to each specific employment-based (and family-based) category per country for each fiscal year. As it assesses green card demand in relation to availability, the DOS may move these cut-off dates forward or back, or not at all. When the DOS believes that all immigrant visa numbers in a particular category will be exhausted (or allocated) by the end of a particular fiscal year (i.e., September 30th), it will indicate an "unavailability" of numbers (marked as "U") in the Visa Bulletin. The law prevents any single country from overuse of immigrant visa numbers during a particular fiscal year. As a result, foreign nationals born in countries from which there is significant immigration to the U.S. will typically have a separate "cut-off" date (and longer waiting times for an available green card number) in the Visa Bulletin.
An individual's priority date or "place in line" for a visa number under the employment-based categories is the date on which his or her employer files a labor certification or immigrant visa petition with the government. Individuals assigned priority dates that are earlier than the relevant preference category cut-off date noted in the Visa Bulletin are eligible to move to the last step in the employment-based green card process - either processing of an adjustment of status application with United States Citizenship and Immigration Services (USCIS), or processing of an immigrant visa at a U.S. consulate abroad. When the category is "unavailable," individuals cannot file for adjustment of status or receive an immigrant visa.
In the most recent Visa Bulletin, immigrant visa numbers continue to be unavailable for all third preference (EB-3) employment-based cases. Third preference cases comprise the majority of pending employment-based green card cases, as they include positions requiring at minimum either a bachelor's degree or two years of work experience.
The July Visa Bulletin indicates that the first, second and fourth and fifth preference employment categories remain current for July. However, since demand in the second. preference category for individuals from China and India exceeds the per-country limitations, these two countries have second-preference cut-off dates of January 2000.
Overall, the July Visa Bulletin continues a substantial decrease in green card availability over the government's 2009 fiscal year. Admittedly, the retrogression, or backward movement of the cut-off dates, has been more common for employment-based green card numbers in recent years. Yet the complete exhaustion of EB-3 numbers and the sharp decline in India and China's EB-2 numbers are staggering reversals given the slow yet steady improvement in these cut-off dates during the present fiscal year.
DOS has projected that, as a result of significant filings in the EB-4 and EB-5 categories, there will be fewer numbers to supplement the EB-1 and EB-2 categories. In previous years, thousands of unused EB-4 and EB-5 numbers "spilled over" into other preference categories. However, greater-than-anticipated EB-4 and EB-5 usage, as well as greater demand in the EB-1 category itself, will create an even greater dearth of available "spill over" immigrant visa numbers in the EB-2 category.
In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories.
With respect to the EB-3 category, the DOS has stated that the worldwide, China and Mexico quotas for the EB-3 category will become available again with the start of the new fiscal year in October 2009, with a projected cut-off date of March 1, 2003 for each. However, the EB-3 India quota may have a November 1, 2001 cut-off date.
The federal quotas limiting employment-based green card numbers have remained unchanged since 1990, nearly two decades ago. Since that time, the United States has undergone unprecedented expansion, technological development, and cultural diversification, in large part through immigration. During this progress, skilled immigrants have continued one of our country's oldest and proudest traditions - the search for better lives for their families, and the desire to contribute to and to participate in our free society. Still, these quotas remain stagnant, potentially stifling the future of our nation's ability in the 21st century to prosper as an economic competitor in our world, to build a broad-based infrastructure in our localities, and to live together as families in our homes.
A quarter-century prior to 1990, major revisions to the immigration quotas sparked a historic influx of individuals to our nation of immigrants. In 1965, this broad-based increase in immigration levels across all preference categories allowed some of the world's most talented individuals to come to our shores and share their knowledge as academics, increase our economic fortunes as innovators and entrepreneurs, build vibrant communities as leaders and organizers, and inspire with their tales of strife and triumph as refugees. For many ethnicities and nationalities, the "post-65" generation was the real beginning of their stories in America.
Faced with a major financial downturn and an increasingly competitive global economy, our country cannot choose the path of closed borders and restricted immigration. At this very moment, historically restrictive nations are expanding their immigration policies and attracting valuable immigrants otherwise bound for our shores.
Absent relief provided by potential legislation, there will be substantial backlogs for nationals of India and China in all categories for many years. Careful and strategic planning for employers and foreign nationals entering into or engaged in the immigrant visa process will be necessary while we continue to advocate zealously for reform to address these antiquated quotas.
These green card backlogs illustrate the need for comprehensive immigration reform. In particular, a long-overdue increase in employment-based green card availability would play a major role in making future generations of individuals feel welcome to come to our nation of immigrants and in spurring sorely needed innovation and prosperity.
..I am waiting for the punch line. What's the point of this? We all know it...
LATEST GRIM VISA BULLETIN PROJECTIONS FOR EMPLOYMENT-BASED GREEN CARDS ILLUSTRATE NEED FOR COMPREHENSIVE IMMIGRATION REFORM
There are few things that clearly demonstrate the overarching need for immigration reform than the most recent information provided by the U.S. Department of State's (DOS) Visa Bulletin. The Visa Bulletin provides information on the availability of immigrant visa numbers, which dictates when foreign nationals may apply for green cards under various preference categories. The July installment of the Visa Bulletin shows complete unavailability for the vast majority of employment-based cases. Moreover, DOS projections show that demand for higher-preference green card categories could reach record levels, which would lead to backlogs in these categories where green card numbers were traditionally available in the past.
The Visa Bulletin establishes "cut-off" dates based on the demand for green cards versus the amount actually available under immigration law to each specific employment-based (and family-based) category per country for each fiscal year. As it assesses green card demand in relation to availability, the DOS may move these cut-off dates forward or back, or not at all. When the DOS believes that all immigrant visa numbers in a particular category will be exhausted (or allocated) by the end of a particular fiscal year (i.e., September 30th), it will indicate an "unavailability" of numbers (marked as "U") in the Visa Bulletin. The law prevents any single country from overuse of immigrant visa numbers during a particular fiscal year. As a result, foreign nationals born in countries from which there is significant immigration to the U.S. will typically have a separate "cut-off" date (and longer waiting times for an available green card number) in the Visa Bulletin.
An individual's priority date or "place in line" for a visa number under the employment-based categories is the date on which his or her employer files a labor certification or immigrant visa petition with the government. Individuals assigned priority dates that are earlier than the relevant preference category cut-off date noted in the Visa Bulletin are eligible to move to the last step in the employment-based green card process - either processing of an adjustment of status application with United States Citizenship and Immigration Services (USCIS), or processing of an immigrant visa at a U.S. consulate abroad. When the category is "unavailable," individuals cannot file for adjustment of status or receive an immigrant visa.
In the most recent Visa Bulletin, immigrant visa numbers continue to be unavailable for all third preference (EB-3) employment-based cases. Third preference cases comprise the majority of pending employment-based green card cases, as they include positions requiring at minimum either a bachelor's degree or two years of work experience.
The July Visa Bulletin indicates that the first, second and fourth and fifth preference employment categories remain current for July. However, since demand in the second. preference category for individuals from China and India exceeds the per-country limitations, these two countries have second-preference cut-off dates of January 2000.
Overall, the July Visa Bulletin continues a substantial decrease in green card availability over the government's 2009 fiscal year. Admittedly, the retrogression, or backward movement of the cut-off dates, has been more common for employment-based green card numbers in recent years. Yet the complete exhaustion of EB-3 numbers and the sharp decline in India and China's EB-2 numbers are staggering reversals given the slow yet steady improvement in these cut-off dates during the present fiscal year.
DOS has projected that, as a result of significant filings in the EB-4 and EB-5 categories, there will be fewer numbers to supplement the EB-1 and EB-2 categories. In previous years, thousands of unused EB-4 and EB-5 numbers "spilled over" into other preference categories. However, greater-than-anticipated EB-4 and EB-5 usage, as well as greater demand in the EB-1 category itself, will create an even greater dearth of available "spill over" immigrant visa numbers in the EB-2 category.
In addition, the DOS has indicated that the EB-1 category for individuals born in India or China may backlog or retrogress later this summer, and may do so again in the coming fiscal year. Predictably, prognostications for the EB-2 category for India and China are also quite grim - in the next month or two, the EB-2 category could become unavailable. In particular, USCIS has indicated that it has about 25,000 EB-2 India cases and "significant numbers" of cases for Chinese nationals that have been reviewed and are simply awaiting visa number availability. This category has a typical fiscal-year limit of 2,800, plus any remaining numbers from the EB-1, EB-4 and EB-5 categories.
With respect to the EB-3 category, the DOS has stated that the worldwide, China and Mexico quotas for the EB-3 category will become available again with the start of the new fiscal year in October 2009, with a projected cut-off date of March 1, 2003 for each. However, the EB-3 India quota may have a November 1, 2001 cut-off date.
The federal quotas limiting employment-based green card numbers have remained unchanged since 1990, nearly two decades ago. Since that time, the United States has undergone unprecedented expansion, technological development, and cultural diversification, in large part through immigration. During this progress, skilled immigrants have continued one of our country's oldest and proudest traditions - the search for better lives for their families, and the desire to contribute to and to participate in our free society. Still, these quotas remain stagnant, potentially stifling the future of our nation's ability in the 21st century to prosper as an economic competitor in our world, to build a broad-based infrastructure in our localities, and to live together as families in our homes.
A quarter-century prior to 1990, major revisions to the immigration quotas sparked a historic influx of individuals to our nation of immigrants. In 1965, this broad-based increase in immigration levels across all preference categories allowed some of the world's most talented individuals to come to our shores and share their knowledge as academics, increase our economic fortunes as innovators and entrepreneurs, build vibrant communities as leaders and organizers, and inspire with their tales of strife and triumph as refugees. For many ethnicities and nationalities, the "post-65" generation was the real beginning of their stories in America.
Faced with a major financial downturn and an increasingly competitive global economy, our country cannot choose the path of closed borders and restricted immigration. At this very moment, historically restrictive nations are expanding their immigration policies and attracting valuable immigrants otherwise bound for our shores.
Absent relief provided by potential legislation, there will be substantial backlogs for nationals of India and China in all categories for many years. Careful and strategic planning for employers and foreign nationals entering into or engaged in the immigrant visa process will be necessary while we continue to advocate zealously for reform to address these antiquated quotas.
These green card backlogs illustrate the need for comprehensive immigration reform. In particular, a long-overdue increase in employment-based green card availability would play a major role in making future generations of individuals feel welcome to come to our nation of immigrants and in spurring sorely needed innovation and prosperity.
..I am waiting for the punch line. What's the point of this? We all know it...