Originally Posted by
Spectator
Matt,
Not sure how to answer your question.
I'm not entirely happy with the answer below because I'm not entirely sure I've understood your question fully - you might have to expand it a bit so that my feeble mind can understand better and attempt to answer it.
Rather than think of Fall Down and Fall Across (which have specific laws governing them), it is better to think of it as under use against the 27% of total EB usage allowed in each of the first 3 quarters (and it is complicated by that number changing part way through the year).
The reason I say that is that the normal spillover rules don't apply. It is use within the overall 27% that is important at that stage.
For instance, if EB3 was under using, then those numbers could be used to give EB2 (or any other Category) extra visas if necessary. That couldn't happen under spillover rules. Later in the year, clearly EB3 would have to over use to reach their allocation.
Similarly, if EB2 under used numbers, they could be be given to EB3 (or another Category) if those Categories suddenly had more demand.
Clearly, at some point (probably in Q4), the decision about releasing spillover has to be made, at which point the laws for Fall Down and Fall Across need to be observed.
The answer to your question, I think, is a qualified yes, but only if EB2-WW ultimately have spare visas to contribute and only when the decision to release spillover was made - the fact that they needed more earlier, for whatever reason, wouldn't be the deciding factor - a lack of continuing demand would be.