risker
07-21 02:23 PM
Here I want to make clear, FIFO for taking labor applications and sending ad instructions not for approving. I know depending on compilcation of cases(I think), some cases with PD 2005 get approved fast and cases with PD 2003 are taking longer. I dont know why all these mess in DOL, for taking the labor applications and sending ad instructions.
No, I don't think it has anything to do with complication of cases. I know of the two different employees with the same employer with similar jobs/descriptions, one with PD 2005 approved and another with PD 2003 whose application hasn't even been taken for processing. So the behavior of the BEC just seems to be random and there seems to be no particular logic. Complication of the cases is definitely not one of the reasons as far as I know.
No, I don't think it has anything to do with complication of cases. I know of the two different employees with the same employer with similar jobs/descriptions, one with PD 2005 approved and another with PD 2003 whose application hasn't even been taken for processing. So the behavior of the BEC just seems to be random and there seems to be no particular logic. Complication of the cases is definitely not one of the reasons as far as I know.
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pappu
04-25 07:10 PM
Contributed $50 and signed for recurring $50 monthly..
Id#1CV97229BB433093Y
Come on IV..keep going..
Pappu,
Why don't you put this thread on the main announcements page with a heading 'Recapture-Fund drive'?
Just a suggestion..
Thanks. It has now been added on the homepage.
Id#1CV97229BB433093Y
Come on IV..keep going..
Pappu,
Why don't you put this thread on the main announcements page with a heading 'Recapture-Fund drive'?
Just a suggestion..
Thanks. It has now been added on the homepage.
ivvm
04-25 11:19 PM
Contribution of $50 through Paypal
Amount: $50.00 USD
Transaction ID: 81U35657VU5343548
Amount: $50.00 USD
Transaction ID: 81U35657VU5343548
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Kodi
06-25 11:03 PM
So the big day is tomorrow?
more...
aadimanav
06-25 11:01 AM
just called. lady was aware of the bill numbers. wrote down zip code and mentioned to contact local congressman. Also mentioned Rep smith hasn't yet taken any stand on these bills.
pointlesswait
02-14 09:41 AM
i had sent an email to CISOmbudsman.. requesting allowing to file for AOS..as a mode of temporary relief...they replied..saying thanks for the input...
I think we must pursue this for now... since any meaning reforms are atleast couples of months away.. this relief can save lots of EB ppl during uncertain times.
inputs welcome..
I initially posted below text to reply another thread, but the title is not much relavant. So I decided to create a new thread here:
As a background, the pre-application of AOS (file 485 without PD being current) is mentioned in a DHS newsletter here (credit goes to kate123 for finding it).
http://www.dhs.gov/ynews/releases/pr_1233353528835.shtm
Here is the text:
Legal Immigration Benefit Backlogs. What progress has been made in reducing the significant backlogs that had developed in the adjudication of naturalization petitions and adjustment of status (green card) applications? Which regional offices still lag behind in making progress toward target processing times, and what specific steps are recommended for providing priority resources to those offices?
Please provide an assessment of information-sharing with the Department of State�s Bureau of Consular Affairs on projected adjustment caseloads, to be used by that Bureau in setting each month�s cutoff dates on waiting lists for immigration categories that are limited by a yearly quota. What steps have been taken and what further steps are recommended to make sure that the full quota of permanent immigration spaces is used each fiscal year? What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
This is a great finding I've read that page, but never noticed the Secretary of DHS specifically mentioned Pre-Application of AOS. Now that they do have this in their mind, can we start working on that? I'd love to share a few thoughts I have on it:
From the lessons we learnt from the past, the most important thing for this admin fix to fly is compromise: there must be kind of restriction for the pre-application AOS. A few examples I could think of are:
- The person has been in the country LEGALLY for more than a number of years, OR
- The PD are more than a certain number years old, OR
- I-140 has been approved, OR
- Must have MS or higher for a US college (just for argument's sake, please don't flame me).
The key is to not allow everyone to file pre-application or it'll be drown in a media storm and draw backfires. Yet it gives you a certain promise that you'll be able to file pre-application once you are here for a certain period of time, so everyone has hope and those who has suffered more would have an almost certain chance to do so.
IV core, should we work on this? This is the first time we see pre-application of AOS appears in official file and I believe it's a great opportunity.
I think we must pursue this for now... since any meaning reforms are atleast couples of months away.. this relief can save lots of EB ppl during uncertain times.
inputs welcome..
I initially posted below text to reply another thread, but the title is not much relavant. So I decided to create a new thread here:
As a background, the pre-application of AOS (file 485 without PD being current) is mentioned in a DHS newsletter here (credit goes to kate123 for finding it).
http://www.dhs.gov/ynews/releases/pr_1233353528835.shtm
Here is the text:
Legal Immigration Benefit Backlogs. What progress has been made in reducing the significant backlogs that had developed in the adjudication of naturalization petitions and adjustment of status (green card) applications? Which regional offices still lag behind in making progress toward target processing times, and what specific steps are recommended for providing priority resources to those offices?
Please provide an assessment of information-sharing with the Department of State�s Bureau of Consular Affairs on projected adjustment caseloads, to be used by that Bureau in setting each month�s cutoff dates on waiting lists for immigration categories that are limited by a yearly quota. What steps have been taken and what further steps are recommended to make sure that the full quota of permanent immigration spaces is used each fiscal year? What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
This is a great finding I've read that page, but never noticed the Secretary of DHS specifically mentioned Pre-Application of AOS. Now that they do have this in their mind, can we start working on that? I'd love to share a few thoughts I have on it:
From the lessons we learnt from the past, the most important thing for this admin fix to fly is compromise: there must be kind of restriction for the pre-application AOS. A few examples I could think of are:
- The person has been in the country LEGALLY for more than a number of years, OR
- The PD are more than a certain number years old, OR
- I-140 has been approved, OR
- Must have MS or higher for a US college (just for argument's sake, please don't flame me).
The key is to not allow everyone to file pre-application or it'll be drown in a media storm and draw backfires. Yet it gives you a certain promise that you'll be able to file pre-application once you are here for a certain period of time, so everyone has hope and those who has suffered more would have an almost certain chance to do so.
IV core, should we work on this? This is the first time we see pre-application of AOS appears in official file and I believe it's a great opportunity.
more...
gconmymind
04-30 04:45 PM
Did we?
Come on guys. Let us make 10K today. I am bringing my $50 pledge at 10K to 9K so it can help us reach 10K faster :)...
Come on guys. Let us make 10K today. I am bringing my $50 pledge at 10K to 9K so it can help us reach 10K faster :)...
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gconmymind
04-30 04:45 PM
Did we?
Come on guys. Let us make 10K today. I am bringing my $50 pledge at 10K to 9K so it can help us reach 10K faster :)...
Come on guys. Let us make 10K today. I am bringing my $50 pledge at 10K to 9K so it can help us reach 10K faster :)...
more...
desi3933
02-25 01:59 PM
desi3933,
I completely agree what you said and what is interpreted in the law.
BUT if they really go by law , JULY 2007 fiasco SHOULD never happen.
......
Read this pdf
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
that will answer your question.
______________________
Not a legal advice
US citizen of Indian origin
I completely agree what you said and what is interpreted in the law.
BUT if they really go by law , JULY 2007 fiasco SHOULD never happen.
......
Read this pdf
http://www.uscis.gov/files/pressrelease/VisaBulletinUpdate17Jul07.pdf
that will answer your question.
______________________
Not a legal advice
US citizen of Indian origin
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ganguteli
04-10 03:21 PM
Chanakya,
You are totally naked on this thread. People have stripped you and opened your cupboard. I cannot imagine how shameless some people are.
You are totally naked on this thread. People have stripped you and opened your cupboard. I cannot imagine how shameless some people are.
more...
sunny1000
06-25 11:14 PM
bump:):D:cool:;)
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logiclife
02-13 01:40 PM
I have tried to convince people (Indians and some Chinese) to join IV. People don't. They don't believe IV has the capability to get anything done. A lot of people don't care if IV existed or not. They believe that Congress will get to it when it deems right. Core members were asking a few weeks ago if that is the message people are sending. Yes it is.
Yeah. We know that. A lot of people think IV cannot get anything done. IV never promised that we will cause CIR to happen. We never promised that we will cause SKIL to happen. They all happen, mostly on their own. IV's role is to add amendments when they come and remove provisions that hurt us. We did that successfully last year by getting the hard country cap removed. No one else was interested in removing the hard cap. It took a lot of co-ordination and lot of trips and lot of hard work to get it done. If that harmful provision had stayed, then the new quota of 650,000 in S 2611 would have been useless. People forget achivements of IV or think that it was negligible. Retrogression would have been exacerbated with hard country cap.
You are reading the message right. I don't want IV to die. I am suggesting people with leadership skills to come forward and get SOME F**KING RESULTS. That is what is needed. It is do or die situation.
Yes, we know that your situation and a lot of other people's situation is do-or-die situation. We know that lot of visitors and members are being squeezed by their situation (exploiting employer, travel restrictions, naggin H4 spouse, no wage growth, no job mobility, no promotions) and that will end only when they get out of H1 and get GC. Its actually the do-or-die situation that prompted the creation of IV.
I am not a leader and I don't want to pretend that I am. I ask others who are not to step down and encourage the right people to take leadership positions.
That's what it seemed from your original post. And nothing wrong with that. If you are up to the job then you are welcome. We already have state-chapters and people are not actively participating in that. Last week, on California's state chapter conf call, 2 people came. If you take leadership, you need to do things locally like meeting with other people in your city, forming a group of 4-5 people and going and meeting your congressman. And if you want to be in IV core, then you have to call us on the phone number listed and we can see if you can add any value to core by doing things we routinely do, like content prep, website maint, travelling to DC for meetings, talking to other orgs etc. If you are up to the job, sure, why not. Anyone who considers themselves fit for IV core, please call us. We really do need help as we are overwhelmed.
I am a very dissatisfied member of IV. Are you satisfied with IV so far? Why doesn't everyone raise these questions? What has caused us to fail so far?
I am dissatisfied too with the results. Its not like I am a happy camper on H1. What has caused us to fail? The same thing that has caused us to fail last year, the same thing that caused industry to fail in getting H1 quota raised, the same thing that caused failure of Universities to get F4 visa for masters degree holders. And these guys have lobbying budget in millions? Why do you think they failed?
Whatever caused their failure, caused our failure too. In DC, issues are not debated and legislated based on morality and merits of those issues. They are taken up based on contemporary politics and other factors like lobbying, public attention, elections and political parties.
For example: Last year, they debated a constitutional amendment to ban flag burned in USA. And spent precious time of congress on debating it. How to you think that would have helped anyone? Even it had passed, what was the merit of the issue? Flag burned mostly happens outside USA. In USA people rarely burn US flags. So banning flag burning in USA is like banning metric system. Its meaningless. Yet, they spent time on it.
Read papers, read articles from other lobbying orgs and learn something. Legislations dont happen on their own because the issues carry weight and have merits. Merits have nothing to do with congressional action.
To quote a bestselling economist Steven Levitt :
"If morality is how we would like the world to work, economy is how the world actually works".
Same thing applies to US congress. They dont set their timetable of bills based on morality and merits. There are other factors.
Yeah. We know that. A lot of people think IV cannot get anything done. IV never promised that we will cause CIR to happen. We never promised that we will cause SKIL to happen. They all happen, mostly on their own. IV's role is to add amendments when they come and remove provisions that hurt us. We did that successfully last year by getting the hard country cap removed. No one else was interested in removing the hard cap. It took a lot of co-ordination and lot of trips and lot of hard work to get it done. If that harmful provision had stayed, then the new quota of 650,000 in S 2611 would have been useless. People forget achivements of IV or think that it was negligible. Retrogression would have been exacerbated with hard country cap.
You are reading the message right. I don't want IV to die. I am suggesting people with leadership skills to come forward and get SOME F**KING RESULTS. That is what is needed. It is do or die situation.
Yes, we know that your situation and a lot of other people's situation is do-or-die situation. We know that lot of visitors and members are being squeezed by their situation (exploiting employer, travel restrictions, naggin H4 spouse, no wage growth, no job mobility, no promotions) and that will end only when they get out of H1 and get GC. Its actually the do-or-die situation that prompted the creation of IV.
I am not a leader and I don't want to pretend that I am. I ask others who are not to step down and encourage the right people to take leadership positions.
That's what it seemed from your original post. And nothing wrong with that. If you are up to the job then you are welcome. We already have state-chapters and people are not actively participating in that. Last week, on California's state chapter conf call, 2 people came. If you take leadership, you need to do things locally like meeting with other people in your city, forming a group of 4-5 people and going and meeting your congressman. And if you want to be in IV core, then you have to call us on the phone number listed and we can see if you can add any value to core by doing things we routinely do, like content prep, website maint, travelling to DC for meetings, talking to other orgs etc. If you are up to the job, sure, why not. Anyone who considers themselves fit for IV core, please call us. We really do need help as we are overwhelmed.
I am a very dissatisfied member of IV. Are you satisfied with IV so far? Why doesn't everyone raise these questions? What has caused us to fail so far?
I am dissatisfied too with the results. Its not like I am a happy camper on H1. What has caused us to fail? The same thing that has caused us to fail last year, the same thing that caused industry to fail in getting H1 quota raised, the same thing that caused failure of Universities to get F4 visa for masters degree holders. And these guys have lobbying budget in millions? Why do you think they failed?
Whatever caused their failure, caused our failure too. In DC, issues are not debated and legislated based on morality and merits of those issues. They are taken up based on contemporary politics and other factors like lobbying, public attention, elections and political parties.
For example: Last year, they debated a constitutional amendment to ban flag burned in USA. And spent precious time of congress on debating it. How to you think that would have helped anyone? Even it had passed, what was the merit of the issue? Flag burned mostly happens outside USA. In USA people rarely burn US flags. So banning flag burning in USA is like banning metric system. Its meaningless. Yet, they spent time on it.
Read papers, read articles from other lobbying orgs and learn something. Legislations dont happen on their own because the issues carry weight and have merits. Merits have nothing to do with congressional action.
To quote a bestselling economist Steven Levitt :
"If morality is how we would like the world to work, economy is how the world actually works".
Same thing applies to US congress. They dont set their timetable of bills based on morality and merits. There are other factors.
more...
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rayen
06-04 05:53 PM
rayen;
class of adm is basically the status into which u were put when u entered US thro a POE.
i think in ur case u can give "Parolee (AOS)" or "Paroled pending AOS"
see below link; looks like pple have sucessfully used those texts and gotten approvals.
http://boards.immigration.com/showthread.php?t=236993
Thanks a lot for your quick response.
Thanks again.
class of adm is basically the status into which u were put when u entered US thro a POE.
i think in ur case u can give "Parolee (AOS)" or "Paroled pending AOS"
see below link; looks like pple have sucessfully used those texts and gotten approvals.
http://boards.immigration.com/showthread.php?t=236993
Thanks a lot for your quick response.
Thanks again.
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alterego
09-20 06:35 PM
I have to admire the unbelievable energy and commitment of you guys. Especially those who organized the rally and to some extent those who attended it from far away are probably tired and catching their breath!
We need to have some creativity and strategy in our next step. Rally after rally probably is not the best way to get that, the so called law of diminishing returns. The flower protest for example gave us a lot of visibility and media coverage since it was something intriguing and new. It was fairly inexpensive and got us the kind of coverage we wanted and arguably results that were out of size with the effort.
I think we need to think outside the box and have one more high publicity event. Another rally is certainly an option for later should legislative action heat up. I'm hopeful the upcoming legislation will allow someone to introduce friendly legislation. I am sure IV's lobbying advisers will have some input on timing etc. and I am pretty sure organizations like compete America etc. also will use this to push their efforts as well. IV core ought to be in contact with them.
A few very important things came from this rally. Firstly, that we can organize such an event, in no small part due to such a committed and capable leadership team. We got fairly good media coverage in highly visible newspapers, that covered not just the event but also some of the issues facing us in clear detail. Finally the lobby day events were definitely very good. I was amazed that 150 meetings took place.
To put this in context, large national organizations of some professions have these lobby days sometimes, and they do well to get about 100 lawmaker meetings done.
One thing I wish to add is that we must develop a good way of sending out many letters at will/as per the strategy of IV core to the lawmakers at critical times. We are 23K strong. Surely we can get atleast as many letters sent in to lawmakers at critical times. If you can't send a written petition to a lawmaker then I doubt it makes any sense to even think you or anyone can alter your fate, in that case time spent on sites like this is for what reason?
Professional organizations do letter campaigns all the time and get a good response. If everyone moves on these issues it does create a splash and can bring visibility and attention.
All ideas should be collected here in this thread.
We need to have some creativity and strategy in our next step. Rally after rally probably is not the best way to get that, the so called law of diminishing returns. The flower protest for example gave us a lot of visibility and media coverage since it was something intriguing and new. It was fairly inexpensive and got us the kind of coverage we wanted and arguably results that were out of size with the effort.
I think we need to think outside the box and have one more high publicity event. Another rally is certainly an option for later should legislative action heat up. I'm hopeful the upcoming legislation will allow someone to introduce friendly legislation. I am sure IV's lobbying advisers will have some input on timing etc. and I am pretty sure organizations like compete America etc. also will use this to push their efforts as well. IV core ought to be in contact with them.
A few very important things came from this rally. Firstly, that we can organize such an event, in no small part due to such a committed and capable leadership team. We got fairly good media coverage in highly visible newspapers, that covered not just the event but also some of the issues facing us in clear detail. Finally the lobby day events were definitely very good. I was amazed that 150 meetings took place.
To put this in context, large national organizations of some professions have these lobby days sometimes, and they do well to get about 100 lawmaker meetings done.
One thing I wish to add is that we must develop a good way of sending out many letters at will/as per the strategy of IV core to the lawmakers at critical times. We are 23K strong. Surely we can get atleast as many letters sent in to lawmakers at critical times. If you can't send a written petition to a lawmaker then I doubt it makes any sense to even think you or anyone can alter your fate, in that case time spent on sites like this is for what reason?
Professional organizations do letter campaigns all the time and get a good response. If everyone moves on these issues it does create a splash and can bring visibility and attention.
All ideas should be collected here in this thread.
more...
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abhijitp
02-13 03:39 PM
Thanks Needhelp!
So I have trickled into 152 tonight. I thought I'd try my hand at campaigning at some local places and managed 3! It seemed a lot harder than I imagined, I think I need to work on my introduction and smile ;) All three folks looked scared and suspicious of me but atleast they signed! Not giving up hope though! I have some others in the works via some good friends and I am going to try and tap more immigration law firms in SF. I am still pledging 200 and hope for more!! Any tips on campaigning to strangers, and I will be set! Thanks guys.
Have a good eve all.
Hi there,
My experience is people listen and sign only if they have time. They may not stop & listen at a train station, but they do outside grocery stores etc.
Good luck... and thanks!
So I have trickled into 152 tonight. I thought I'd try my hand at campaigning at some local places and managed 3! It seemed a lot harder than I imagined, I think I need to work on my introduction and smile ;) All three folks looked scared and suspicious of me but atleast they signed! Not giving up hope though! I have some others in the works via some good friends and I am going to try and tap more immigration law firms in SF. I am still pledging 200 and hope for more!! Any tips on campaigning to strangers, and I will be set! Thanks guys.
Have a good eve all.
Hi there,
My experience is people listen and sign only if they have time. They may not stop & listen at a train station, but they do outside grocery stores etc.
Good luck... and thanks!
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mshelat
05-16 12:28 PM
Actually, it was published in every major paper in the US, as well as in India, China, Canada, and a number of other countries. It was this broad coverage that led to the New York Times editorial. I have also seen mention of it on several news TV channels. And more is to come. The LA Times will be doing a story very soon.
What end result you think would be?
What end result you think would be?
more...
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prashantkh
07-03 04:16 PM
Well thats our fate .. we are always forced to piggyback on a larger issue. With CIR it was illegal immigration, now it is H1-B. But you got to understand that if not for corporate lobbying (who have a heavier stake in H1-Bs) this bill would not have seen the light of day, that too in the house. We got to be thankful we are at least not being treated on par with the illegal aliens .. the broad theme of this bill is highly related to skilled immigration, which is much less controversial than granting citizenship to illegals; not withstanding the tancredos and numbersUSAs who will still be yelling doomsday from the rooftops. Granted we are flying under the radar as usual, but I very much doubt this will be an H1-B only bill without any EB relief.
I agree, lacking enough "pull" either monetarily or numerically puts us at a disadvantage. However, I just read this post from indianindian2006
http://aila.org/content/default.aspx?docid=19879
It clearly says that there are provisions to address issues for permanent residency. Two that interests me and most others are:
1) Exemptions for U.S. educated foreign workers with master's or higher degrees from the H-1B and EB green card quotas so their talent can be retained in the United States.
2) Exemptions for EB green card immigrant spouses and children from the annual cap, thus making more visas available for the innovative professionals we need.
So hopefully all is not over yet :) ....
PK
I agree, lacking enough "pull" either monetarily or numerically puts us at a disadvantage. However, I just read this post from indianindian2006
http://aila.org/content/default.aspx?docid=19879
It clearly says that there are provisions to address issues for permanent residency. Two that interests me and most others are:
1) Exemptions for U.S. educated foreign workers with master's or higher degrees from the H-1B and EB green card quotas so their talent can be retained in the United States.
2) Exemptions for EB green card immigrant spouses and children from the annual cap, thus making more visas available for the innovative professionals we need.
So hopefully all is not over yet :) ....
PK
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Almond
07-05 10:20 AM
I called USCIS and she said based on the information she got from his authorities, she said all the 485 application packets will be rejected with a note saying that , please apply after oct 1st if your PD is current.
I also asked her if you dont send us back by oct 1st what sould we do, she said if I dont receive by August mid, then take infopass and go to local uscis office and request for my application back.
I think all the customer service agents are aware of the issue and got informed what to answer for our questions.
That's a relief because I called them a few times recently and found myself having to explain "the issue" to the customer service rep. Ridiculous to have something as major as this happen and they don't properly educate their Customer service department on it.
I also asked her if you dont send us back by oct 1st what sould we do, she said if I dont receive by August mid, then take infopass and go to local uscis office and request for my application back.
I think all the customer service agents are aware of the issue and got informed what to answer for our questions.
That's a relief because I called them a few times recently and found myself having to explain "the issue" to the customer service rep. Ridiculous to have something as major as this happen and they don't properly educate their Customer service department on it.
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syzygy
07-18 12:50 AM
Does anyone know if I can file I-485 if my LC is approved before August 17th? Or should it be approved during month of July?
Thanks
Thanks
svam77
07-23 02:29 PM
I got to know from my attorney that, USCIS has my I 140 information in their system and they gave him a receipt number. But, the receipt is not generated yet. It may take a week or so to get the receipt. My appl was filed on 12th and it reached NSC on 13th.
I checked the status online with this receipt # and online status shows that they recieved the aplication on 19th and its at Texas center. May be my appl was moved to Texas now.
I checked the status online with this receipt # and online status shows that they recieved the aplication on 19th and its at Texas center. May be my appl was moved to Texas now.
acecupid
07-15 06:14 PM
Here is the actual text of the visa distribution law. Also available on USCIS website.
INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
Sec. 202. [8 U.S.C. 1152]
(a) Per Country Level. -
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.
(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
(b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-
(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;
(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.
(c) Chargeability for Dependent Areas. - Any immigrant born in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than an alien described in section 201(b) , shall be chargeable for the purpose of the limitation set forth in subsection (a), to the foreign state.
(d) Changes in Territory. - In the case of any change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change, issue appropriate instructions to all diplomatic and consular offices.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
(2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
INA: ACT 202 - NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
Sec. 202. [8 U.S.C. 1152]
(a) Per Country Level. -
(1) Nondiscrimination. -
(A) Except as specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.
(B) 1/ Nothing in this paragraph shall be construed to limit the authority of the Secretary of State to determine the procedures for the processing of immigrant visa applications or the locations where such applications will be processed.
(2) Per country levels for family-sponsored and employment-based immigrants. - Subject to 1a/ paragraphs (3), (4), and (5) the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
(b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-
(1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;
(2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.
(c) Chargeability for Dependent Areas. - Any immigrant born in a colony or other component or dependent area of a foreign state overseas from the foreign state, other than an alien described in section 201(b) , shall be chargeable for the purpose of the limitation set forth in subsection (a), to the foreign state.
(d) Changes in Territory. - In the case of any change in the territorial limits of foreign states, the Secretary of State shall, upon recognition of such change, issue appropriate instructions to all diplomatic and consular offices.
(e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that -
(1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);
(2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and
(3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).
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