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BacklogBadham

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Given the significant pending demand in the EB-3 India category, why do the visa numbers that the agencies are trying to use in EB-2 not “fall down” to EB-3 for use in that category?

Under the Immigration and Nationality Act (INA), visas are made available in the EB-3 category in a number not to exceed 28.6% of the overall employment-based limit for the fiscal year, plus any visas “not required” in EB-1 and EB-2.  DOS and USCIS interpret “not required” to mean that visas must first be made available to all potential applicants in a given category. To put it another way, before visas are deemed “not required” in a particular category, DOS must first set the category “Current” for all countries in the Visa Bulletin, allow anyone eligible to apply with USCIS or DOS, and then consider if there is a lack of demand for visas within the category. (See, for example, how EB-1 has been current for all of FY 2022, and numbers are therefore falling down to EB-2.)  Given that hundreds of thousands of individuals are in the queue for EB-2 visas, the argument that visas could be considered “not required” in that category is inconsistent with the statute. 

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On 6/17/2022 at 12:44 PM, BacklogBadham said:

Given the significant pending demand in the EB-3 India category, why do the visa numbers that the agencies are trying to use in EB-2 not “fall down” to EB-3 for use in that category?

Under the Immigration and Nationality Act (INA), visas are made available in the EB-3 category in a number not to exceed 28.6% of the overall employment-based limit for the fiscal year, plus any visas “not required” in EB-1 and EB-2.  DOS and USCIS interpret “not required” to mean that visas must first be made available to all potential applicants in a given category. To put it another way, before visas are deemed “not required” in a particular category, DOS must first set the category “Current” for all countries in the Visa Bulletin, allow anyone eligible to apply with USCIS or DOS, and then consider if there is a lack of demand for visas within the category. (See, for example, how EB-1 has been current for all of FY 2022, and numbers are therefore falling down to EB-2.)  Given that hundreds of thousands of individuals are in the queue for EB-2 visas, the argument that visas could be considered “not required” in that category is inconsistent with the statute. 

then how were numbers allocated to eb3 in 2020 at that time instead of allocating to eb2? asalu ee downgrades lekapothe dates chala move ayyevi, huge waste of time and effort to everyone

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12 hours ago, Pavanonline said:

then how were numbers allocated to eb3 in 2020 at that time instead of allocating to eb2? asalu ee downgrades lekapothe dates chala move ayyevi, huge waste of time and effort to everyone

E question ki answer cheyaru  zdcow galu

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