HR3012 - Post transition period
Spec and others...
Somebody in Ron's forum was arguing and quoting this forum (may be Spec's post) that after the 3 year transition period, EBIC will get 100% of the green cards (which is absurd and stupid in my opinion).
So I did the following calculations: Can you guyz let me know if I missed something fundamental?
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Quote:
Originally Posted by
DaveUK
My point is that in a FIFO system, India will consume a much larger share of green cards versus all others. We already knew that they account for 50% of LCAs right now and, with China, it is hard to imagine a scenario where FIFO can continue on in the long-term without country caps or an increase in the absolute numbers of GCs. As far as I know and have read, it is impossible right now to predict if the back-log will be cleared in 3 years. Even the guys over at Qs blog, who are the experts on this, have not yet crunched the numbers. I'm waiting, but will quote Oracle over at the Q forum:
"There are roughly 21K EB2-I and 4.5K EB2-C pending applications till end of 2008. If EB2-I/C gets 30K - 34K SOFAD in 2013, the PDs will move well into 2009. For 2009, there are ~13.5K EB2-I and ~3K EB2-C applications and the COD will be somewhere in 2009. But, I think there are too many assumptions & uncertainties involved with HR3012 now to make any reasonable prediction at this point of time"
I have used 3rd May 2012 485 Inventory for my calculations:
EB3:
Backlog (till July 2007):
EB2IC - 51,868
ROW - 34,276 (Including Mexico and Philipines)
Assume that HR3012 becomes law and it is applied effective October 2012.
a. FY 2013 -
EB3IC will get 34K and ROW will get 6K (85% and 15%)
BACKLOG: EB3IC 17,868 ROW 28,276
b. FY 2014 -
EB3IC will get 36K and ROW will get 4K (90% and 10%)
BACKLOG: EB3IC 0 ROW Uncertain (definately less than 28,276)
Somehwere in the middle of the year, EB3IC backlog becomes zero and FIFO is followed. Clearly NOT 100% for EB3IC unless you can prove that nobody applied from ROW July 2007 onward.
c. FY 2015 -
EB3IC will get 36K and ROW will get 4K (90% and 10%).
BACKLOG: 0
Somewhere in the middle of the year all countries backlog till July 2007 is cleared and FIFO is followed. Clearly NOT 100% for EB3IC unless you can prove that nobody applied from ROW July 2007 onward.
EB2:
Backlog (till April 2012):
EB2IC - 93,000 (Adjusted from Original 47,914 - see note below)
ROW - 12,976 (Including Mexico and Phillipines)
Note on EB2IC numbers: It is widely agreed that the inventory numbers for EB2IC may not be upto date in the inventory. Historically the number of applications from India and China have never exceeded 20K per year. So going by that, I added 55,000 (15K till Apr 2010 and 20K each for Apr 2011 and April 2012 - even though i know that is too high). If you do not agree with this assumption, pretty much there is no point in looking at EB2 calculations. However most important thing is that I was able to prove that EB3IC definately will not get 100% at any point of time)
Assume that HR3012 becomes law and it is applied effective October 2012.
a. FY 2013 -
EB2IC will get 34K and ROW will get 6K (85% and 15%)
BACKLOG: EB2IC 49,000 ROW 6,976
b. FY 2014 -
EB2IC will get 36K and ROW will get 4K (90% and 10%)
BACKLOG: EB2IC 13,000 ROW 2,976
c. FY 2015 -
EB3IC will get 36K and ROW will get 4K (90% and 10%).
BACKLOG: 0
Somewhere in the middle of the year all countries backlog till April 2012 is cleared and FIFO is followed. Clearly NOT 100% for EB2IC unless you can prove that nobody applied from ROW April 2012 onward.
Conclusion:
Clearly at no point EBIC will get more than 100%. If you think I have missed something fundamental, I appreciate constructive feedback so that we can fine tune the above.