- Sep 07 - We have cleaned up this thread and archived all old posts. Those archives of old EB2-3 Calculations can be found HERE
Tailwinds (+ve things)
· Economy is not doing that bad but the PERM certification show it is not doing great. We expect this trend to continue into 2015.
· Very low EB3 demand
. 4K extra visas from FB.
Headwinds (-ve things)
. High EB2ROW demand and equally high EB2 overall demand.
· Increased EB1 usage & current EB1 backlog.
· EB5 close to being retrogressed.
Impact of Presidential Executive Order on Immigration
The Executive Order issued by President Obama on Nov 20th is directional and not prescriptive. It leaves the agencies and departments to determine the specific course of action. There are two tangible benefits that can be expected in near term (3 months) as a result of this order.
1. The president has asked CBP officers to not consider prior visa violations while giving entry to a person using advanced parole.
2. There is an H4-EAD rule being discussed (even prior to the Executive Order). So as part of the executive order the agencies might finally implement this in next couple of months.
From backlog reduction / visa relief perspective the order leaves it upto agencies to decide what specific action they would take. It is highly likely that ability to file 485 without dates being current would be one of the things the agencies might propose within next 6 months. Somewhat likely also could be visa recapture from prior years. Visa recapture is the process of counting unused visas from prior years and making them available going forward. Such action previously has only been possible with a law being passed by congress. However many experts have opined that it DHS does not need a law to be passed in order to recapture unused visas from prior years. There is a third and less likely option that agencies might consider. It includes not counting EB dependents under EB quota. This will effectively almost double EB quota for every year and could possibly make all categories current for foreseeable future. Please understand these are all possibilities at this point of time.