l********r
发帖数: 28 | 1 移民局应该被我们吓坏了，出榜安民。表示不会在制定排期上与中国人民过不去。但同
时以不认为今年的排期会达到2007年
请看附件
来不及仔细阅读，希望大家一起来解读其中含义
谢谢
1
EB-2 Story
India, China and the “Otherwise Unused Employment Visas Numbers
Is the Visa Office Discriminating Against China?
(Short Answer Is “No”)
courtesy of Jay Solomon
(this posting was prepared April 4, 2011, before publication of the May Visa Bulletin)
The State Department is about to start allocating more than 12,000 extra visa numbers
to EB-2 applicants. Most will go to applicants from India. The EB-2 India date in the
May Visa Bulletin will advance for the first time since September 2010. EB-2 India and
China may continue to advance for the rest of the fiscal year, though they are unlikely
to pass December 2006.
The Back Story
There are about 140,000 employment-based visa numbers available for fiscal year 2011.
Each independent country of the world is limited to no more than 7% of that total. There
are five employment-related preference classifications, with each allocated a certain
percentage of the total. The second preference (EB-2) is allocated 28.6% of the total.
Visas Are Issued in Priority Date Order
Visas numbers are made available in priority date order within each preference
classification without regard to the country of chargeability of the applicant. There is an
exception for those countries which are expected to reach their 7% limitation within a
fiscal year. Applicants from those countries are allocated visa numbers within preference
categories.
So Why Is EB-2 for India and China Backlogged, while the Rest of the
World Is Current?
India and China are both expected to reach their 7% limitation in fiscal year 2011 based
on the “reasonable estimates” of visa usage the Visa Office is permitted to make by law.
INA §203(g). In fact, India had already reached its 2011 EB-2 allocation by April 2011,
and China is well on track to utilize its entire allocation by July. This means that India
and China are limited to no more than 28.6% of their entire country limitation in EB-2.
Thus, even though the rest of the world is “current,” the China and India EB-2 cutoff
dates are currently set to 2006 to manage the approximately 2,800 visas typically
available under the EB-2 annual limit for each country subject to the 7% limitation.
AILA InfoNet Doc. No. 11040634. (Posted 04/07/11)
2
When It Rains Visa Numbers ...
The law provides that if the 140,000 employment-based visa numbers are not used, the
extra visa numbers are to be utilized without regard to the 7% per country limitation.
The law also provides that unused visa numbers from EB-4 and EB-5 will be added to the
EB-1 total, and unused EB-1 visa numbers become available for EB-2. Of course, visa
numbers aren’t “unused” until the fiscal year ends on September 30, but the law provides
that the Visa Office can allocate visa numbers during the year based on reasonable
expectations of usage.
Because of a drop in overall employment demand, particularly in EB-1, the Visa Office is
currently estimating at least 12,000 extra visa numbers will be available for EB-2 this
year. And those 12,000 numbers can now be considered for potential allocation without
regard to the EB-2 per country limitation which otherwise affects India and China.
Where Do the Additional 12,000 EB-2 Numbers Go?
By law, the extra 12,000 EB-2 numbers are made available to the entire world in
priority date order. INA §203(e). And they are allocated without regard to country of
chargeability.
The “current’ EB-2 availability for countries other than India or China indicates that the
demand from those countries is met from the base 28.6% allocation, without the need for
extra numbers. This leaves all 12,000 extra visa numbers to be utilized by India and
China.
By law, the 12,000 “otherwise unused” numbers which will be available for EB-2 in 2011
are allocated in priority date order. The law provides that they are allocated without
regard to the per country limits once the State Department determines that country has
reached its EB-2 limit.
There are at least 17,400 applicants who have filed, or who are ready to file EB-2
adjustment of status applications and whose priority dates are in calendar year 2006. For
the most part, these are applicants who filed for adjustment of status in July or August
2007 when the Visa Bulletin reported EB-2 as “current” for every country, but whose
applications could not be completed because of EB-2 retrogression for India and China.
In addition, there are an unknown number of applicants with 2006 priority dates who
have “upgraded” from EB-3 to EB-2 by filing new PERM applications and preference
petitions. And there are an unknown number of applicants with approved EB-2 petitions
who do not have pending adjustment of status applications.
There are tens of thousands of additional applicants who have priority dates subsequent
to 2006.
The 12,000 “otherwise unused” numbers will be fully utilized by those with 2006
priority dates. Of the 17,400 presently “known” applicants, 13,200 are from India, and
AILA InfoNet Doc. No. 11040634. (Posted 04/07/11)
3
4,200 are from China. We would therefore expect that about 75% of the applicants who
would benefit would be from India. However, there are substantial numbers of Indian
applicants whose priority dates are presently not current, but earlier than any China EB-2
applicant whose priority date is available.
As of March 2011, the EB-2 priority date from China is July 8, 2006 and India is two
months behind at May 8, 2006. The EB-2 priority date for India will advance until either
the 12,000 visa numbers are used, or until it becomes equal to the China EB-2 date. The
China and India EB-2 dates will then advance together. In April (and for the next few
months), India EB-2 will be earlier than China EB-2. We would therefore expect India to
benefit from more than 75% of the extra 12,000 EB-2 numbers because we believe
more than 75% of those with the oldest EB-2 priority dates are from India.
So Is the Visa Office Discriminating against China?
If more than 75% of the “otherwise unused” visa numbers were allocated to India instead
of split between India and China, would it mean the Visa Office discriminating against
China? Is it favoring India? The answer is that the Visa Office is not discriminating
against or favoring any country in allocating the “otherwise unused” numbers. It is
following the law.
The law requires the “otherwise unused” visa numbers to be allocated in priority date
order. There are more applicants from India than China with older priority dates. The
applicants with the older priority dates will get the visa numbers first. That is the law.
Those are the applicants who have waited the longest. Most of those are from India.
There are claims that this somehow violates the anti-discrimination provisions of the INA
which provides that no person shall be discriminated against in their preference or
priority classifications because of their country of birth (except for the per country limits
which don’t apply as to the “otherwise unused” numbers).
It clearly does not. The allocation of extra numbers is done by the Visa Office without
regard to a person’s nationality or country of birth. The allocation is made by “place in
line,” or priority date, as required by law. The people who have waited the longest go
first. That is the law. To give half the extra numbers to persons from one country and half
to persons from another would violate the law.
Sharing the otherwise unused visa numbers equally between India and China would mean
that someone from India with an older priority date would wait longer than an applicant
from China, and that would violate the anti-discrimination provisions of the INA.
Applicants from both countries are subject to the 7% limitation, which does take into
account country of origin. That is the law. But the law does not provide for extending that
discrimination to the otherwise unused visa numbers which fall through to EB-2.
Allocating the otherwise unused visa numbers by priority date and not by country is a
requirement of the law - and it is not discriminatory.
AILA InfoNet Doc. No. 11040634. (Posted 04/07/11) | G******t
发帖数: 1782 | 2 大家已经讨论半天了。
http://www.unknownspace.org/article_t/EB23/31280469.html
【在 l********r 的大作中提到】
: 移民局应该被我们吓坏了，出榜安民。表示不会在制定排期上与中国人民过不去。但同
: 时以不认为今年的排期会达到2007年
: 请看附件
: 来不及仔细阅读，希望大家一起来解读其中含义
: 谢谢
: 1
: EB-2 Story
: India, China and the “Otherwise Unused Employment Visas Numbers
: Is the Visa Office Discriminating Against China?
: (Short Answer Is “No”)
| l********r
发帖数: 28 | | d******8
发帖数: 1972 | 4 麻烦你编辑一下，看起来很累，好像和我前面转载的文章内容很象。 | c****r
发帖数: 969 | 5 The law requires the “otherwise unused” visa numbers to be allocated in
priority date order.
They do have such kind of law?
【在 l********r 的大作中提到】
: 哈哈，我们 也是刚收到
| j*e
发帖数: 1987 | 6 就是，早就在版上讨论了。而且标题有点误导人。这篇是个叫Jay Solomen的律师的文
章，只代表他个人立场，根本不是AILA的立场。 | zg
发帖数: 113 | 7 This is the news we discussed this whole morning. It is published at AILA
website.
It is not a good news. It supports Mr.O's current way of allocating SO. This
may imply May VB is still favoring Indian over Chinese. They even want to
make it sounds like "by law".
【在 l********r 的大作中提到】
: 移民局应该被我们吓坏了，出榜安民。表示不会在制定排期上与中国人民过不去。但同
: 时以不认为今年的排期会达到2007年
: 请看附件
: 来不及仔细阅读，希望大家一起来解读其中含义
: 谢谢
: 1
: EB-2 Story
: India, China and the “Otherwise Unused Employment Visas Numbers
: Is the Visa Office Discriminating Against China?
: (Short Answer Is “No”)
| i******t
发帖数: 11048 | 8 http://www.usimmlaw.com/EB2Story.htm
a hebrew lawyer
【在 d******8 的大作中提到】
: 麻烦你编辑一下，看起来很累，好像和我前面转载的文章内容很象。
| d******8
发帖数: 1972 | | l********r
发帖数: 28 | 10 说实话，你要想这几天就把排期捆绑的规矩给改过来，基本上不可能。最现实的办法就
是采用公开和不公开的办法，让更多的与移民相关的政府官员，律师知道这件事。至少
让奥本能按现有规矩办事。 LIA的游说活动是因为资金不足停下来了，但这不妨碍，我
们通过过去积累下来的关系去宣扬这件事
【在 d******8 的大作中提到】
: 老了，看花了眼，就是早上转贴的文章。
| | | zg
发帖数: 113 | 11 When AILA lawyers begin to discuss Mr.O's SO by PD rule, he will be more
careful not to hurt Chinese when he allocates SO, even if he does not change
his rule immediately.
【在 l********r 的大作中提到】
: 说实话，你要想这几天就把排期捆绑的规矩给改过来，基本上不可能。最现实的办法就
: 是采用公开和不公开的办法，让更多的与移民相关的政府官员，律师知道这件事。至少
: 让奥本能按现有规矩办事。 LIA的游说活动是因为资金不足停下来了，但这不妨碍，我
: 们通过过去积累下来的关系去宣扬这件事
| f*******4
发帖数: 656 | 12 哪里说到今年的排期不会到2007年？谢谢
【在 l********r 的大作中提到】
: 移民局应该被我们吓坏了，出榜安民。表示不会在制定排期上与中国人民过不去。但同
: 时以不认为今年的排期会达到2007年
: 请看附件
: 来不及仔细阅读，希望大家一起来解读其中含义
: 谢谢
: 1
: EB-2 Story
: India, China and the “Otherwise Unused Employment Visas Numbers
: Is the Visa Office Discriminating Against China?
: (Short Answer Is “No”)
| z*****g
发帖数: 154 | 13 这个不是出榜安民，是收了阿三的钱为阿三说话，把明显的discimination说成没有，
强调阿三应该马上用spillover，而中国等两个月到7月才开始用so，两个月时间足够阿
三吃掉一大半的so。 | l********r
发帖数: 28 | 14 Please see the first part of the story
China may continue to advance for the rest of the fiscal year, though they
are unlikely to pass December 2006.
I may not understand it clearly, since I am working right now.
Thank your help!
【在 f*******4 的大作中提到】
: 哪里说到今年的排期不会到2007年？谢谢
| p**8
发帖数: 3883 | 15 发信人: p838 (失去自由的矿工), 信区: EB23
标 题: Re: 今夏VB能到2006年底吗？
发信站: BBS 未名空间站 (Wed Apr 6 19:32:17 2011, 美东)
if your PD is Oct, 100%
if your PD is Nov, 85%
if your PD is first half of Dec, 70%.
if your PD is second half of Dec, 50%.
Good Luck! | p**8
发帖数: 3883 | 16 good.
【在 l********r 的大作中提到】
: 移民局应该被我们吓坏了，出榜安民。表示不会在制定排期上与中国人民过不去。但同
: 时以不认为今年的排期会达到2007年
: 请看附件
: 来不及仔细阅读，希望大家一起来解读其中含义
: 谢谢
: 1
: EB-2 Story
: India, China and the “Otherwise Unused Employment Visas Numbers
: Is the Visa Office Discriminating Against China?
: (Short Answer Is “No”)
| p**8
发帖数: 3883 | | E**r
发帖数: 434 | 18 股班没人屎,又跑这里来发作.
别闹了,到点该吃药了. |
|
