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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 07-10-2008, 07:06 PM
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Default Open Challenge to IV Members !!!

This is the link to Immigration law of 1990

http://www.uscis.gov/propub/ProPubVA...15313c5c0bf705
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  #2 (permalink)  
Old 07-10-2008, 07:09 PM
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Default ?

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Originally Posted by dvb123 View Post
This is the link to Immigration law of 1990
http://www.uscis.gov/propub/ProPubVA...15313c5c0bf705
What's your point?
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  #3 (permalink)  
Old 07-10-2008, 07:19 PM
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Default Distribution of visas over a calendar year

I would like to know why visas are distributed over a calendar year like 27% First Calendar Quarter - 27% second quarter and Free for All - Third Quarter? Is Department of State doing favorism to ROW applicants by trying to gather as many ROW applications as possible in a year?

Analysts, Engineer, Auditors, Programmers, Cooks of IV pls go thru the above immigration law link and tell me why Department of State should divide immigrant visa numbers into calendar quarters instead of taking them on January 1st of year, allocating to ROW and giving unused numbers to Row countries? This info will be of immense help to EB2 and spillover help to EB3


Per-Country Limits In addition to the overall limits, the INA contains a per-country ceiling to preclude preemption of the annual numbers by one or more foreign states of heavy emigration. Under the formula in Sec. 202(a), the per-country limit is 7% of the combined visa total available to family-sponsored and employment-based preference immigrants, i.e., at least 25,620. The dependent area limit is set at 2%, or a minimum of 7,320. Sec. 202(a)(5)(A) (which was added by Sec. 104 of Pub. L. 106−313) provides that if the total of employment-based visa numbers available for a calendar quarter is greater than the number of qualified applicants who may otherwise be issued such visa numbers, the per-country limitation on employment-based visa numbers will be lifted for the remainder of that quarter
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  #4 (permalink)  
Old 07-10-2008, 07:26 PM
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Default Contradictory DOS Regulations

Rather than making all visa numbers available at the beginning of each fiscal year and then having a period of unavailability, visa number allotments must be spread throughout the year. Therefore, in each of the first three quarters of every fiscal year, the DOS can only release up to 27% of the available visa numbers per category, per quarter. By contrast, the DOS confirmed that there is no percentage limit on visa numbers in the fourth quarter of every year. The U.S. government's fiscal year runs from October 1 through September 30 each year. Therefore, the last quarter is July, August, and September of any given year.



http://www.murthy.com/news/n_dosebn.html

Last edited by dvb123; 07-10-2008 at 07:44 PM.
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  #5 (permalink)  
Old 07-10-2008, 09:10 PM
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Default

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Originally Posted by dvb123 View Post

Open Challenge to IV Members !!!

This is the link to Immigration law of 1990

http://www.uscis.gov/propub/ProPubVA...15313c5c0bf705
"dvb123" - aren't you IV member. Face the challange and let us know some good end to celebrate.
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  #6 (permalink)  
Old 07-10-2008, 09:15 PM
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Default regulations

Government agencies are free to make regulations in order to implement laws passed by Congress. If you wish to challenge the regulation, you will have to show that it somehow undermines Congressional intent in framing the law. the Physician NIW lawsuit was won by demonstrating this. I'm not sure dividing Gc numbers across quarters would qualify...
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  #7 (permalink)  
Old 07-10-2008, 09:41 PM
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Default

Quote:
Originally Posted by dvb123 View Post
I would like to know why visas are distributed over a calendar year like 27% First Calendar Quarter - 27% second quarter and Free for All - Third Quarter? Is Department of State doing favorism to ROW applicants by trying to gather as many ROW applications as possible in a year? - YES That is the intent of the law. It was designed with foresight to avoid a worst case FIFO situation like the current H1-B rush during April.

Analysts, Engineer, Auditors, Programmers, Cooks of IV pls go thru the above immigration law link and tell me why Department of State should divide immigrant visa numbers into calendar quarters instead of taking them on January 1st of year, allocating to ROW and giving unused numbers to Row countries? This info will be of immense help to EB2 and spillover help to EB3

It looks like you wish to re-write the INA - Go for it.....

Per-Country Limits In addition to the overall limits, the INA contains a per-country ceiling to preclude preemption of the annual numbers by one or more foreign states of heavy emigration. Under the formula in Sec. 202(a), the per-country limit is 7% of the combined visa total available to family-sponsored and employment-based preference immigrants, i.e., at least 25,620. The dependent area limit is set at 2%, or a minimum of 7,320. Sec. 202(a)(5)(A) (which was added by Sec. 104 of Pub. L. 106−313) provides that if the total of employment-based visa numbers available for a calendar quarter is greater than the number of qualified applicants who may otherwise be issued such visa numbers, the per-country limitation on employment-based visa numbers will be lifted for the remainder of that quarter
...
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