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The U.S. authorities makes solely a sure variety of immigrant visas (inexperienced playing cards) out there every year 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 accepted 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 accepted for employment-based immigrant visas and has run out of visa numbers in sure classes, inflicting a brief backlog or “retrogression” of visa numbers.
When worldwide demand for employment primarily based 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 accepted applicant is “charged” in opposition to 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 embrace China, India, Mexico, and the Philippines.
Please be aware that for chargeability functions, an individual’s nation of delivery controls. An individual can not declare nation of citizenship for retrogression functions. As an example if applicant A is born in India, however possesses Canadian citizenship, applicant A will likely be unable to regulate standing (primarily based on EB1 or EB2) till visa numbers for India develop into present.
As well as, please be aware {that a} partner can tackle their partner’s nation of delivery 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 of modify standing although she or he was born in India as a result of she or he can tackle applicant A’s nation of delivery for retrogression functions.
Immigrant visa numbers are given out in accordance with a “first come, first serve” coverage. The date an applicant first begins the inexperienced card course of (usually a Labor Certification Utility 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 by 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 must “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 won’t be able to use for an immigrant visa (by submitting an I-485 or by way of 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 set through the use of a easy components of provide and demand.
Every fiscal yr (October 1-September 30), DOS opinions 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 a view to experience the wave of demand and be certain that provide is just not exceeded. By pulling again the precedence dates, DOS is ready to regulate the movement of those visas. If the demand for a sure choice classification is just too excessive, the visa will retrogress and won’t develop into out there till the precedence date for that classification has been reached.
As an example, in accordance with the immigrant visa bulletin that was simply launched for February 2008, the visa numbers for nationals of India within the EB2 class have develop into fully 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 be aware nonetheless, that these precedence dates are topic to vary throughout the fiscal yr. It’s totally attainable that visa numbers within the EB2 class for Indian nationals might all of a sudden develop into present just a few months from now or that the precedence date could possibly be reestablished. The explanation for that is that the DOS is making an evaluation primarily based on what they imagine would be the demand for these kind of visas. It’s their method of ‘testing the waters’ of demand. If a month from now, DOS opinions the demand for these visas and finds that it’s not what they believed it might be, they’ll set up a precedence date.
Consequently, if the demand is as excessive as first believed, they’ll maintain the class ‘unavailable’. Proper now, DOS is taking a really conservative strategy to fulfill the their notion of demand and they’ll reassess their place on a month-to-month foundation because the yr strikes ahead. That is merely a regulatory mechanism the place by DOS can management the variety of visas issued in any given yr to make sure that the demand doesn’t exceed the availability.
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Source by Stephen Jeffries
