Investigate the Unlawful Visa Allocation In Visa Allocation In Visa Office
The allocation process for immigrant visas for Third Preference was not performed in a way consistent with the Immigration and Naturalization Act.
I?m an employment-based immigration beneficiary and your constituent. I have identified a serious issue in the September, 2013 Visa Bulletin that needs your immediate attention. The allocation process for immigrant visas for Third Preference was not performed in a way consistent with the Immigration and Naturalization Act. We request your office to inquire into the Visa Office, Department of State at your earliest convenience.
In the September, 2013 Visa Bulletin, we see significant cut-off date advancement for every country in Employment Third Preference. Specifically, the Indian cut-off date advanced 8 months, Philippines advanced 5 weeks, and the rest of world (including China and Mexico, two historically backlogged countries) advanced 18 months.
However, we have identified serious issues in the allocation calculation. In the the Section D of Visa Bulletin of the September issue, it reads:
?The Employment-based Third preference cut-off date for most countries was advanced at an extremely rapid pace in April through July in an effort to generate demand. Historically such movements have resulted in a dramatic increase in applicant demand for numbers within a few months. At this time there is no indication that the expected increase is materializing or will do so in the near future. This has resulted in significant movements in the September cut-off for all countries.?
Advancing Indian cut-off dates by 8 months will unleash about 6,500 Indian visa numbers in the E3 category, according to the latest published "demand data" (as of June 7, 2013) and USCIS inventory (as of July 17, 2013). This also allows Indian E3 category to exceed its 7% per-country limit as defined in INA Sec 202 (b). There?s no legal basis for such allocation, with the rest of the world still having a non-?Current? cut-off date. The cut-off date for the ROW should have been advanced to "Current" earlier in the fiscal year, so as to generate sufficient demand. However, the Visa Office was not doing it in the most logical way. This allocation violates both the INA and DOS regulations and should be fixed immediately, as a revision to the visa bulletin.
We are looking forward to your immediate inquiry into the Visa Office.
In the September, 2013 Visa Bulletin, we see significant cut-off date advancement for every country in Employment Third Preference. Specifically, the Indian cut-off date advanced 8 months, Philippines advanced 5 weeks, and the rest of world (including China and Mexico, two historically backlogged countries) advanced 18 months.
However, we have identified serious issues in the allocation calculation. In the the Section D of Visa Bulletin of the September issue, it reads:
?The Employment-based Third preference cut-off date for most countries was advanced at an extremely rapid pace in April through July in an effort to generate demand. Historically such movements have resulted in a dramatic increase in applicant demand for numbers within a few months. At this time there is no indication that the expected increase is materializing or will do so in the near future. This has resulted in significant movements in the September cut-off for all countries.?
Advancing Indian cut-off dates by 8 months will unleash about 6,500 Indian visa numbers in the E3 category, according to the latest published "demand data" (as of June 7, 2013) and USCIS inventory (as of July 17, 2013). This also allows Indian E3 category to exceed its 7% per-country limit as defined in INA Sec 202 (b). There?s no legal basis for such allocation, with the rest of the world still having a non-?Current? cut-off date. The cut-off date for the ROW should have been advanced to "Current" earlier in the fiscal year, so as to generate sufficient demand. However, the Visa Office was not doing it in the most logical way. This allocation violates both the INA and DOS regulations and should be fixed immediately, as a revision to the visa bulletin.
We are looking forward to your immediate inquiry into the Visa Office.
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