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The U.S. authorities makes solely a sure variety of immigrant visas (inexperienced playing cards) out there annually and these are allotted among the many numerous immigrant visa classes and nations from which candidates search to immigrate. For the previous few years, the variety of immigrants permitted for employment-based immigrant visas has been decrease than the variety of visas out there, leading to no backlog in visa numbers. Just lately, the DOS has seen way more immigrants permitted for employment-based immigrant visas and has run out of visa numbers in sure classes, inflicting a short lived backlog or “retrogression” of visa numbers.
When worldwide demand for employment based mostly visas exceeds worldwide availability, immigrant visa numbers are additional apportioned among the many numerous nations from which candidates search to to migrate. Every nation has a restrict and every permitted applicant is “charged” towards his or her nation’s restrict. Most nations have fewer candidates than out there visa numbers. Nevertheless, sure high-immigration nations usually meet or exceed their chargeability restrict. These nations embody China, India, Mexico, and the Philippines.
Please notice that for chargeability functions, an individual’s nation of beginning controls. An individual can not declare nation of citizenship for retrogression functions. For example if applicant A is born in India, however possesses Canadian citizenship, applicant A might be unable to regulate standing (based mostly on EB1 or EB2) till visa numbers for India grow to be present.
As well as, please notice {that a} partner can tackle their partner’s nation of beginning for retrogression functions. For instance, applicant A is a nationwide of Bangladesh and applicant A’s partner is a nationwide of India. Applicant A’s partner WILL be capable to modify standing though she or he was born in India as a result of she or he can tackle applicant A’s nation of beginning for retrogression functions.
Immigrant visa numbers are given out in response to a “first come, first serve” coverage. The date an applicant first begins the inexperienced card course of (usually a Labor Certification Software filed with the U.S. Division of Labor or an I-140 or I-130 Petition filed with the U.S. Citizenship and Immigration Providers) turns into that particular person’s precedence date, which can decide the order through which that particular person will obtain a visa quantity and thus be additional processed for an immigrant visa or adjusted to immigrant standing. When a retrogression happens in visa numbers, candidates should “wait in line” till their precedence date turns into present earlier than they are often adjusted or obtain an immigrant visa.
A visa quantity retrogression implies that EB1, EB2 or EB3 candidates from sure high-immigration nations will be unable to use for an immigrant visa (by submitting an I-485 or by Consular processing) till a visa quantity turns into out there for his or her precedence date.
Provide and Demand for Visas
Visa quantity availability is decided through the use of a easy formulation of provide and demand.
Every fiscal 12 months (October 1-September 30), DOS evaluations the demand for the above referenced classifications and per-country limits. If DOS finds that the demand for any of the above classifications is just too excessive and that they don’t have sufficient provide, they pull again the ‘precedence dates’ of the visas with the intention to trip the wave of demand and be sure that provide just isn’t exceeded. By pulling again the precedence dates, DOS is ready to regulate the circulation of those visas. If the demand for a sure choice classification is just too excessive, the visa will retrogress and won’t grow to be out there till the precedence date for that classification has been reached.
For example, in response to the immigrant visa bulletin that was simply launched for February 2008, the visa numbers for nationals of India within the EB2 class have grow to be utterly unavailable. Which means that an individual who filed an I-140 immigrant visa petition within the classification of EB2 class, after can not file an adjustment of standing (or consular course of) till their precedence date turns into present.
You will need to notice nevertheless, that these precedence dates are topic to vary in the course of the fiscal 12 months. It’s completely attainable that visa numbers within the EB2 class for Indian nationals may all of the sudden grow to be present a number of months from now or that the precedence date may very well be reestablished. The explanation for that is that the DOS is making an evaluation based mostly on what they imagine would be the demand for all these visas. It’s their method of ‘testing the waters’ of demand. If a month from now, DOS evaluations the demand for these visas and finds that it’s not what they believed it might be, they may set up a precedence date.
Consequently, if the demand is as excessive as first believed, they may hold the class ‘unavailable’. Proper now, DOS is taking a really conservative strategy to satisfy the their notion of demand and they’re going to reassess their place on a month-to-month foundation because the 12 months strikes ahead. That is merely a regulatory mechanism the place by DOS can management the variety of visas issued in any given 12 months to make sure that the demand doesn’t exceed the provision.
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Source by Stephen Jeffries
