ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Carl Shusterman's Immigration Update

January 2011 Visa Bulletin: The Great Retrogression

Rate this Entry

It's been several years since the employment-based preference categories developed huge backlogs. However, no one was prepared for today's announcement from the State Department that most of the family-based categories will retrogress between one and three years beginning on January 1, 2011.

Consider the worldwide categories: Beginning in January 1, the 1st preference category (unmarried sons and daughters of U.S. citizens) goes from a 5-year to a 6-year wait. The story is much, much worse in the 2A category (spouses and children of permanent residents) where the wait expands from a mere 4 months to 3 years, a 9-fold increase. In the already beleaguered 2B category (adult sons and daughters of permanent residents), the wait increases from 5 1/2 to nearly 8 years. For married sons and daughters of U.S. citizens (3rd preference category) does the wait remain roughly the same: 9 years.

What does the State Department have to say about all of this:

"As reported in the December Visa Bulletin (number 27), the cut-off dates for most family preference categories advanced at a very rapid pace during the past two years. Those movements have resulted in a dramatic increase in the level of applicant demand received in recent months. This has required the retrogression of many Family preference cut-off dates for January in an effort to hold number use within the various numerical limits. Further retrogressions cannot be ruled out should demand continue at the current levels" (emphasis added).

If you are one of the large number persons negatively affected by these changes, you can console yourself by thanking God that you were not born in either Mexico or the Philippines, where the waiting times are considerably longer. If you are a permanent resident and wish to sponsor your husband or wife who was born in Mexico, be prepared to be separated nearly 6 years. For Filipinos, most of the waiting times for family members will be an incredible 12 to 23 years come 2011.

There will be no similar retrogression in the employment-based categories come January, probably because the U.S. economy is stagnant, and employers are sponsoring very few foreign-born workers. In any case, the waiting times are already at record highs in the 3rd preference category (professionals, skilled and unskilled workers), particularly if you were born in mainland China or India. In fact, the waiting times in the 2nd preference category (persons with advanced degrees) are a disaster if you were born in either of these two populous countries.


FAMILY CATEGORIES






EMPLOYMENT CATEGORIES






The coming retrogression provides a golden opportunity for the next Congress to ease immigration restrictions which divide families and prevent legal workers from becoming permanent residents, often solely because of their country of birth. As I write these words, many members of Congress are railing against the DREAM Act, characterizing it as "a backdoor amnesty" for undocumented students.

Will the Congress be more sympathetic to legal immigrants who remain separated from their spouses and parents for years simply because they are abiding by the rules? Perhaps, but I for one am not holding my breath.

Subscribe to our free, monthly e-mail newsletter, and follow us on Facebook, Twitter, Google+ and YouTube.
Attached Thumbnails Attached Thumbnails Click image for larger version. 

Name:	62a97c6ef1.jpg 
Views:	170 
Size:	25.6 KB 
ID:	63   Click image for larger version. 

Name:	a18e051216.jpg 
Views:	165 
Size:	36.4 KB 
ID:	64  

Submit "January 2011 Visa Bulletin: The Great Retrogression" to Facebook Submit "January 2011 Visa Bulletin: The Great Retrogression" to Twitter Submit "January 2011 Visa Bulletin: The Great Retrogression" to Google Submit "January 2011 Visa Bulletin: The Great Retrogression" to StumbleUpon Submit "January 2011 Visa Bulletin: The Great Retrogression" to Reddit Submit "January 2011 Visa Bulletin: The Great Retrogression" to Digg Submit "January 2011 Visa Bulletin: The Great Retrogression" to del.icio.us

Updated 12-02-2013 at 04:25 PM by CShusterman

Comments

  1. Xavier Daniel's Avatar
    The countdown has stopped for me 21 days before my cut off date since my sister had applied on January 22, 2002. Are you positive about the nightmare that just in the final days I am going to be dramatically retrograded and loose my job since my H-1b is to expire in August? Who is so unlucky? Doesn't USCIS care only one second about these extreme cases?
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: