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Greg Siskind on Immigration Law and Policy

JUNE VISA BULLETIN REVEALS TERRIBLE NEWS FOR EB-2 INDIANS

Rating: 2 votes, 5.00 average.

The EB-2 category for Indian nationals has retrogressed four years and will be set at January 1, 2000 for applications received beginning June 1st. If you are from China, the backlog is five years less - February 15, 2005. And if you are from any other country in the world, there is no wait at all.

I am really appalled that Congress allows such an unjust distribution methodology to remain the law. No country is permitted to claim more than 7% of the numbers in a green card category. That means tiny countries like Andorra and Botswana get the same number of green cards as the world's most populous nations. And a country like India that disproportionately produces extremely bright and qualified professionals is actually punished for doing too good a job in its education system.

Indian immigrants - over the last few years you have started to get organized to push for improvements in visa processing with some success. Now is the time to really take this to the next level and push for real changes to employment-based processing. Or you can simply accept the reality that you have to wait ten years longer than everyone else to get a green card.

Here is a summary of the June bulletin:

Family 1st - Advancement of worldwide, China and India numbers by ten weeks to 08 NOV 2002. Mexico remains stalled (again) at 8 OCT
1992. The Philippines advances one month to 1 SEP 1993.

Family 2A - Worldwide, India, China and the Philippines
numbers advance nine weeks to 15 DEC 2004. Mexico jumps six weeks to
15 MAY 2002.

Family 2B - Worldwide, India and China numbers advance ten
weeks to 01 FEB 2001. Mexico is still stuck at 1 MAY 1992. The
Philippines advances two months to 01 APR 1998.

Family 3rd - Worldwide, India and China advanced one month to
08 OCT 2000. Mexico is stalled at 22 OCT 1992. And there was a one week
advance for the Philippines to 01 JUL 1991.

Family 4th -
Worldwide numbers and India advance nine weeks to 15 AUG 1998. China
moves nearly five months to join the worldwide number 15 15 AUG 1998. Mexico moves two weeks forward to 15
MAY 1995. The Philippines moved three weeks to 01 AUG 1986.

Employment 1st - All categories remain current.

Employment 2nd - Worldwide, Mexico and the Philippines remain
current. India, as noted above, retrogresses to 01 JAN 2000. China remains stalled at
15 FEB 2005.

Employment 3rd skilled/professional workers -This category remains unavailable and it is not clear yet when it
will again be available.

Employment 4th - All categories remain current.

Employment 5th - All categories remain current.





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Comments

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  1. Geroge Chell's Avatar
    Pretty pathetic.
  2. gg's Avatar
    Ha Ha .. Job Security for USCIS employees ?
  3. zerozerozeven's Avatar
    Has anyone pursued filing a lawsuit against the US Government for the unlawful discrimination based on the country of birth?
  4. Greg Siskind's Avatar
    This is not a problem with the State Department or USCIS. This is Congress' doing and imposing nationality quotas is likely to be found lawful. The solution here is in Congress' hands. They need to adjust the EB numbers overall or at least modify so as not to be so imbalanced. And they can offer relief by allowing adjustments to be filed when visa numbers are not available.
  5. rasdsd's Avatar
    Is it all talk of hope or is there any 'hope'?

    This is nothing short of Jim Crow 'South', the 'South' here are the indentured workers, whose only sin is being born in India or China.

    There can never be a good time for reform if you ask the antis, they oppposed desegregation, they oppose legalization and shrewdly oppose legal immigration reform.

    The time to make an unjust law just is NOW!
  6. Legal-immigrant's Avatar

    Number of persons from India applying for Employment based GC is higher than others because there are more people from India employed and working in non-immigant visa. And this is because, when it comes to H1-B or other non-immigrant work visas, there is no country quota.

    So the fair solution is either,

    * have country quota when applying for H1-B and other work visas (Will not work since the employers will lobby the * out of this)

    or

    * make the EB - Gc country quota proportional to the non-immigrant visas approved from that particular country.

    Will any of this fly with the congress? Only God knows
  7. Raji's Avatar
    Hey Greg,
    What's happening with the VB? This is truly unbelieveable news. What are the options we can pursure to raise some Qs to the DHS and USCIS? Indeed, I am appaled by this VB, coming as it has so shortly after the DHS Leadership Journal declared that EB Visa Wait times would be addressed shortly. Is USA the only nation which is willing to treat legal immigrants so badly - leaving them stuck in a limbo with no clear timeline of a proper judicial outcome of their immigration applications? Do we hear of this in Canada, UK, or Australia? All nations have a clear process and accompanying timeline for such applications. Here we live for 6 odd years on a work visa, then apply for GC, and then continue to pay for annually EAD and AP for 10 years to receive a PR card that rightly should take no longer than a couple of years. In the interim - our lives are in limbo, our careers are in limbo, and we are not able to settle down anywhere. I am happy to wait my turn in line, but in what line would I hold a waiting number 500 one day and 5000 the next day!! Every GC applicant I know from India is frustrated, emotionally and psychologically distraught. Is there no justice here - in this this great land?
  8. guest's Avatar
    Again and again , EB3 unavailable. Nothing for nurses again. When is Congress gonna address these issues of people who are waiting in such long lines ? VB not only retrogresses, but becomes unavailable for Nurses...Is Congress and when is Congress gonna address these issues finally?
  9. Legal and no longer waiting's Avatar
    "So the fair solution is either,

    * have country quota when applying for H1-B and other work visas (Will not work since the employers will lobby the * out of this)

    or

    * make the EB - Gc country quota proportional to the non-immigrant visas approved from that particular country."

    How about increasing the EB quotas manyfold, exempting derivatives from the quotas, and removing per-country quotas altogether?

    Sometimes I feel like EB immigrants behave like people who were severely abused as children - instead of trying to free themseves up, they are desperate to justify their abuse by inviting more abuse on themselves and other less fortunate immigrant. Why in the world...? I mean, people, you really can do better than that kind of thinking.
  10. Nitin's Avatar
    Bye Bye Boston, Hello Bangalore.

    To my American friends:

    Thanks for the tax-payer funded scholarship. And thanks for the opportunity to train in your best companies.
  11. Geroge Chell's Avatar
    "This is nothing short of Jim Crow 'South', the 'South' here are the indentured workers, whose only sin is being born in India or China."

    Even worse is it goes by country of birth rather than nationality. A kid born to a Singapore Indian mother and an Indian father from India who was born in India is considered under the Indian quota. Greg, is this right? So tells a Singapore Engineer in his twenties..says he is eligible for the special H1B but cannot get Green Card easily because he was born in India with at least one Indian parent. If this is right, this state of affairs is even worse than I think.

  12. Geroge Chell's Avatar
    "Ha Ha .. Job Security for USCIS employees ?"

    Nope. Trying desparately to keep the country majority white. If for instance if you keep someone from India on a work visa permanently, they wont become citizens and affect the country's demographics. So far immediate family re-unfication for US citizens is not a problem. But, look for it to change if African American women start looking for potential husbands in Africa or the Caribbean or the Asian American men do the same in Asia..they will impose country quotas for immediate family migrants as well..not all of congress thinks this way. But, I am pretty certain, Jeff Sessions, Jim DeMint and David Vitter definitely think along these lines as do Saxby Chambliss, Nathan Deal, Phil Gingrey among others and all the anti-immigration groups such as FAIR and CIS.
  13. Legal and no longer waiting's Avatar
    I am getting a weird nagging feeling that the new administration is trying to energize (euphemism for angering) people in preparation for the CIR hearings. This is why I would suggest that everyone contact their representatives and ask for the EB system to be fixed. I suggest asking for EB quota exempltion for everyone who lived and payed taxes in the US for 5 years.
  14. john's Avatar
    i thought this game was over after two bushes.looks like its not. they have been retrogressing and forwarding and retroressing dates just to run the show.

    somebody brought that issue up- yes. if your country of birth is india, you are stuck you could be any citizen. I am an aussie still waiting due to this country of birth.None dares to look into the country quota. My friend who married a bangladeshi born indian got his GC in 6 monts.If you are born anywhere in the world other than india your lucky. How good it is. It has nothing to do with the economy/geography or race/Its just that some stupid guys wanted a country with engineers and scientists from all over the world. without knowing that most of those countries can't afford to send some. While many were drinking and having parties some worked hard spent money on education and job training.It is high time to get rid of this stupid rule. Lert the market decides who should be here. Reward should be based on merit not based on something else.

    May be people will soon realise that all talk about hope may be just talk. you can fool some for sometime but you canot not fool everyone for ever.I hope the new administration does something.
  15. Greg Siskind's Avatar
    Country of birth normally controls which country's quota you are under. I'm going to talk about that in the teleconference next Wednesday. Forgot to mention that I'll be recording the calls and posting them for people who want to listen on the blog or as podcasts.
  16. Long wait's Avatar
    Greg,
    My country of birth is India but my parents were born n Pakistan,can I try using cross chargebility.My case is EB2 with PD of April 2006.
    TIA
  17. MS's Avatar
    Interesting comments. I have a conspiracy theory - maybe the USCIS has been instructed to holdoff issuing greencards given the high unemployment rates in the skilled services sectors. Else, why will the Priority Dates go back to 1st Jan 2000? Is there really a single un-approved case that has a Priority Date going that far back in time? Even if there are many, they can still be approved by keeping the cutoff dates the same as last month. Thoughts?
  18. Geroge Chell's Avatar
    "Country of birth normally controls which country's quota you are under. I'm going to talk about that in the teleconference next Wednesday. Forgot to mention that I'll be recording the calls and posting them for people who want to listen on the blog or as podcasts."

    So a kid of Aussie citizen missionaries automatically is counted as Indian? Pretty stupid policy just like the not so bright section 214(b).

  19. Legal and no longer waiting's Avatar
    MS, maybe there are very few cases before 2001, but the reason why they jacked the dates up is because of many 2002-2003 EB3 case upgraded to EB2 recently. The bottom line, we don't know...
  20. Legal-immigrant's Avatar

    @Legal and no longer waiting:

    [LANLW]"How about increasing the EB quotas manyfold, exempting derivatives from the quotas, and removing per-country quotas altogether?"

    Heck, why care about GC? We should all ask^Wdemand for citizenship the day we set our foot here


    [LANLW] "Sometimes I feel like EB immigrants behave like people who were severely abused as children - instead of trying to free themseves up, they are desperate to justify their abuse by inviting more abuse on themselves and other less fortunate immigrant. Why in the world...? I mean, people, you really can do better than that kind of thinking."

    What part of my comment made you think this way? AFAIS, we are just a bunch of pragmatic people

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