Fair point, but then the question becomes if EB2ROW usage declined during crisis years?
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Not sure if you read Spec's post. I have have given link in another reply. Demand destruction is not about less usage. So EB2IC PERM filings in 2009 were significantly less , that is not what we call demand destruction. It's more about people needing to file multiple PERMS for various reasons and moving back to home country etc. resulting in OR of less than 1, that's what would be demand destruction. At least that's my understanding.
I just read the news on Oh Law site where it says "At the end of February 2012, NSC had only 39,779 preadicated I-485 cases and TSC had 42,261 preadjudicated I-485 cases. Probably these rapid consumptions of the preadjudicated cases affected FY 2012 employment-based visa numbers exhaustion."
Is this true/correct ? This matches to earlier post by someone where he mentioned one of the big law firm got internal news that there are around 81k I-485 cases filed.
Guru's can you shed some light on the same ?
A very interesting discussion has developed and I am enjoying the different viewpoints put forward.
murali,
An excellent post. Particular credit for explaining your thought process so well. I agree generally with what you said, although I too think the numbers might be a little on the low side.
Once Porting is added, I think it may be very difficult for EB2-IC COD to escape 2008 in FY2013.
2009 is always held up as a year of high Demand Destruction, leading to a low OR.
I don't necessarily agree. To my mind, if there was a destruction in numbers, it was the very low number of PERM submitted with 2009 PD. It might be argued that employers chose more carefully which PERM to submit and they actually have a higher chance of surviving than those in some other years.
I do not use a higher DD or lower OR for 2009.
It's too early to say yet, but some figures are starting to point to some part of the period covered by the Jan VB (Mar-Dec 2008) as being a period that might have fewer numbers than expected. I stress that is very provisional.
I agree that DD is really a factor from long wait times to file I-485, so I wouldn't expect EB2-non IC to suffer from it to the same extent. The I-485 can be filed concurrently and if it can survive for 180 days then a lot of the immediate problems are mitigated. I-485 processing times (in real life) have exceeded 6 months for most of the time.
As to EB2-non IC usage - it appears to have held up.
2011 (estimated) - 33k
2010 - 27.5k
2009 - 29.3k
2008 - 44.9k
2007 - 31.4k
Sorry if I have missed anything - there was a lot to catch up on.
Please keep it coming.
shashinehal,
If it matches another figure, then it is completely coincidental IMO. The 80k figure seems far to high anyway.
Remember that the majority of those pre-adjudicated cases shown in the USCIS Dashboard are actually EB3 cases, since all of EB3 has been severely retrogressed for some time. The underlying reduction that might be due to EB2-IC is actually fairly small once you deduct the numbers expected as a result of EB3 approvals for the period.
shashinehal,
I'll try. Hopefully, I've understood your question correctly.
Firstly, the preadjudicated figures in the USCIS Dashboard represent cases where a visa wasn't immediately available after all processing was completed to the point of approval. Since EB2-IC doesn't have very much Consular Processing, the USCIS numbers should match the DOS Demand Data quite well.
We know that, going into this FY, EB2-IC had about 8k pre-adjudicated cases left where a visa had been requested but was not available according to the DOS Demand Data. The figure in the USCIS Dashboard data can't be higher than that.
Since the PD has been Current since November for all possible EB2-IC cases that could be adjudicated after the July 2007 backlog, no further cases could add to the pre-adjudicated total - they would just be approved.
Now to address your main question.
Despite what the May VB says, I don't think it is possible for Cut Off Dates to even remotely approach May 2010 next year.
According to DOS own document, the Cut Off Dates can only move forward as far as the date of the first person for whom there is no visa available.
By October 2012, many if not most, of the applications submitted up to May 2012 will be pre-adjudicated. At that point they will show as Demand to DOS. If all the cases are pre-adjudicated, that number could be as high as 45k.
In that case, for DOS to set the Cut Off Date back to May 2010, there would need to be at least 45k visas available to EB2-IC. Whatever the actual number, it is a very large number. Clearly, that will not be the case.
In reality, EB2-IC may only have 20-25k available for all of FY2013 - enough to move the Cut Off Date towards the latter half of 2008 as previous posts have discussed.
If Quarterly Spillover (QSP) is employed again, then maybe 6-7k might be available in Q1 FY2013. That is about enough to move the Cut Off Date 3 months.
I am at a loss to understand why CO put those words in the May VB. About the only way that I can think of where dates could move to May 2010 would have been for USCIS to have stopped processing EB2-IC cases from April onwards, ensuring that very little demand was apparent to DOS in October 2012. Then, within the law, the Cut Off Dates could advance, much as they did at the beginning of this year. Even that strategy would require the dates to retrogress heavily the next month.
I hope that helps you.
Hi Suninphx,
I think my definition of DD is different and that is why we are reaching different conclusions. I am not referring to abandoned cases, I am just saying that in 2009 lesser cases (EB2 I-140's) were filed. So when I say 0.6 relative DD, I mean that PD 2009 will have 0.6 times the PD 2008 number of cases.
But I am a little confused with your numbers, 2300 EB2/3 IC is what you are saying, I am saying 1800 EB2-IC, so isn't 1800 correct, if 2300 is EB2+EB3 (I+C).
Spec,
They have confused us with too many statements. Along with this para, in the same bulletin, they also said that the date in Oct 2012 bulletin will only be known in summer, meaning that it will only be based on supply and demand. And If i remember correctly, CO also announced around Mar 16, that all filed cases will be preadjudicated and will be kept in the pending file, so I guess they are processing cases. To support that fact, even Feb filers are getting RFE's as per trackiit and even some posters on this forum have got rfe's recently, which i guess alludes to the fact that they are processing.
I guess all this makes it even more confusing as to why he put that statement about May 2010.
Guys pls help.. does the 485 package reach USCIS by Apr-30 or Postmarked by Apr-30? I have some final documents came in today, I am planning to self file by tomorrow. PLS help. In case postmarked is acceptable should it be USPS or FedEx/UPS.
Does anyone here have access to AILA BTW?
Deleted. Not needed
I dont want to speak for Murali but I dont think he is joking. If I were you I would take a flight to wherever USCIS reciept box is and hand deliver it today. Or if it is at driving distance then drive and deliver it. Its worth the time and effort, otherwise we dont know till when you have to wait, it might be Oct 12 or longer.
Thanks Murali and goforgreen for sharing your thougts. I have decided to wait for the window to open up and not to hurry at last day. Am good on H1B with Visa stamped till dec 2013. Hopefully I get to apply later this year. My PD is Apr 2009. Thanks Guys.. it's my first few posting in this form. I have been a silent observer for a long time. Hope I can contribute to the forum going forward.
Saw this EB2I approval on trackitt. I thought they said no more visas for EB2IC for this FY?
User: foobar123
Category: EB2 India
PD: 07/15/2007
Filing: Concurrent in Aug-2007
Last Finger Printing: First week of Feb-2012
RFE for AOS for Name discrepancy received on 02/09/2012
RFE response Submitted: 04/20/2012
RFE response received by USCIS: 04/25/2012
AOS Status changed to "Card Production" on 04/30/2012
AOS Status changed to "Decision" on 05/01/2012
Saw another EB2I Aug/11/2007 PD approval in trackitt. This user (EB2IAug112007) also has an RFE in March.
If the concept of number allotted at the time of RFE is true, then is it a Just coincidence that two cases of pre 08/15/2007 are approved on 1st day of May?
Progress on Applications Added to Trackitt Since October 2011
Date Added to Trackitt
-- VB ------- Priority Dates ---------------- Jan 03 -- Jan 17 -- Jan 31 -- Feb 14 -- Feb 29 -- Mar 15 -- Mar 31 -- Apr 15 -- Apr 30 - Change
October VB -- PD Apr 15 2007 to Jul 14 2007 ---- 100 ----- 107 ----- 113 ----- 125 ----- 134 ----- 145 ----- 152 ----- 155 ----- 156 (+ 1 cases)
November VB - PD Jul 15 2007 to Oct 31 2007 ---- 238 ----- 278 ----- 331 ----- 387 ----- 454 ----- 487 ----- 518 ----- 527 ----- 529 (+ 2 cases)
December VB - PD Nov 01 2007 to Mar 14 2008 ---- 191 ----- 286 ----- 336 ----- 436 ----- 540 ----- 630 ----- 711 ----- 728 ----- 739 (+ 11 cases)
January VB -- PD Mar 15 2008 to Dec 31 2008 ----- 15 ----- 176 ----- 310 ----- 454 ----- 600 ----- 732 ----- 863 ----- 907 ----- 931 (+ 24 cases)
February VB - PD Jan 01 2009 to Dec 31 2009 ---------------------------------- 199 ----- 368 ----- 514 ----- 677 ----- 753 ----- 786 (+ 33 cases)
March VB ---- PD Jan 01 2010 to Apr 30 2010 ------------------------------------------------------- 72 ----- 133 ----- 172 ----- 191 (+ 19 cases)
Since internal retrogression was announced by DOS, there has been a very noticable reduction in EB2-I cases being added to Trackitt.
Hopefully, this is a temporary phenomenon, otherwise the figures for January-March/April VB will start to lose their value and become much more difficult to convert to real world numbers.
Breakdown Of Applications By USCIS Received Date
Month Received By USCIS
USCIS Receipt Date --- October -- November - December -- January -- February ---- March ---- April ---- Total
Pre FY2012 PD ------------- 11 -------- 11 -------- 8 -------- 7 --------- 5 -------- 6 -------- 2 ------- 50
October VB --------------- 124 -------- 16 -------- 3 -------- 6 --------- 5 -------- 2 -------- 0 ------ 156
November VB -------------------------- 452 ------- 57 -------- 8 --------- 5 -------- 5 -------- 2 ------ 529
December VB ------------------------------------- 608 ------- 84 -------- 27 ------- 14 -------- 6 ------ 739
January VB ------------------------------------------------- 760 ------- 133 ------- 17 ------- 21 ------ 931
February VB ------------------------------------------------------------ 664 ------ 104 ------- 18 ------ 786
March / April VB ------------------------------------------------------------------ 175 ------- 16 ------ 191
Total -------------------- 135 ------- 479 ------ 676 ------ 865 ------- 839 ------ 323 ------- 65 ---- 3,382
USCIS Receipt Date --- October -- November - December -- January -- February ---- March ---- April
Pre FY2012 PD --------- 22.00% ---- 22.00% --- 16.00% --- 14.00% ---- 10.00% --- 12.00% ---- 4.00%
October VB ------------ 79.49% ---- 10.26% ---- 1.92% ---- 3.85% ----- 3.21% ---- 1.28% ---- 0.00%
November VB ----------------------- 85.44% --- 10.78% ---- 1.51% ----- 0.95% ---- 0.95% ---- 0.38%
December VB ---------------------------------- 82.27% --- 11.37% ----- 3.65% ---- 1.89% ---- 0.81%
January VB ---------------------------------------------- 81.63% ---- 14.29% ---- 1.83% ---- 2.26%
February VB --------------------------------------------------------- 84.48% --- 13.23% ---- 2.29%
March / April VB --------------------------------------------------------------- 91.62% ---- 8.38%
More data can be found here.
Will there be any chance of moving a little bit further or waste of time even thinking about it...
Looking at the user's posts, there is a back story to this.
He was told he was approved on February 7, 2012, so it appears the visa was requested then.
Subsequently, an RFE was issued on February 9 regarding a name discrepancy he raised during the fingerprint appointment.
The RFE response was received by USCIS on April 25 and the approval was made on April 30.
It appears to be quite an unusual case.
Here is another EB2I approval today from Trackitt.
http://www.trackitt.com/member/EB2IAug112007
Found this info related to EB5
http://eb5greencard.blogspot.com/201...-released.html
Tuesday, May 1, 2012
EB-5 Program statistics released
The EB-5 immigrant investor visa program is still woefully underutilized, if newly released statistics are any guide. The Office of Performance and Quality of U.S. Citizenship and Immigration Services shows that 1,563 I-526 petitions (for the conditional immigrant visa) were approved in federal fiscal year 2011, up from 1,369 in FY 2010.
But based upon preliminary data from the first two quarters of FY 2012, 2,101 I-526 petitions were approved. That's better, but still nothing for USCIS to crow about considering Congress makes available 10,000 visas each federal fiscal year.
On the backside of the process, USCIS approved 1,067 I-829 petitions to remove conditions on residence, and there were 522 approvals during the first two quarters of FY 2012.
The approval percentage for I-526 petitions in FY 2011 was 81 percent, and for the first two quarters of FY 2012, it was 85 percent.
From AILA:USCIS EB-5 statistics provided for a 5/1/12 stakeholder engagement, including information on service-wide receipts, approvals, and denials of I-526s and I-829s; the number of approved EB5 Regional Centers by fiscal year; I-924 receipts, approvals, and denials; and more. AILA Doc. No. 12050143.
Thanks.
I'm looking forward to reading the full minutes from that meeting.
To put things in to context, although only 1.6k I-526 were approved in FY2011, the number of EB5 visas used in FY2011 was 3.3k.
The average monthly I-526 approvals in FY2011 was 131. To date, in FY2012, the average is 350 per month, an increase of 267%.
The backlog of I-526, which was only about 1.2k at the beginning of FY2011 has now increased to 3k.
Q,
I have just read your predictions for 2012 and 2013 in the first page.
You are saying Q1 2008 should be cleared in 2012. Do you mean by Oct 2012, all PDs before Q1 2008 will get green cards? if so, CO should start moving dates starting July or August of this year, right?
My PD is Dec 31,07. Have to make critical career decision. Please let me know the chances of me receiving GC before October/November 2012.
thank you.