EB2 India Predictions for Q4 2011 and 2012
Friends many of you have asked on when your specific dates will be current. For now on the strength of numbers following is the current situation.
- The current cap consumed is 6K of regular I/C cap and around 9K of the 12K visas that came up at the time of the May bulletin this would make it ~ 15K consumption. We should be cognizant to the fact that last year SOFAD which includes I/C regular cap was 26K and this year the cap itself is les due to lack of family spillover by 10K.
- Now the next critical fact is how of much of SOFAD is left and how much is required to effectively cross the 01-Aug-2007 line, something like having the next batch of intake can only happen if there is a chance of coming really close to this point. For this calculation we should exclude the PWMB's for now, I believe last VB saw an additional 6.5 cases being current so the revised demand data should show ~ 24K. Following is what we can expect.
a) 8K from EB5 appears to be almost certain.
b) 7-8K from EB2 ROW appears to be quite likely this is based on the rate of approvals on Trackitt, however a note of caution that the USCIS dashboard was recently updated an it shows a surge of applications in March it was a similar trend last year but it does not augur well because it could mean that there will be more EB2 ROW applications and even if they file in regular processing they have a decent chance of approval in September. EB2 ROW spillover calculations is one area where everyone has different opinions.
c) EB1 – I believe that we did not receive 3K out of the 12K figure from May and we can possibly get another 5K.
All in all if all of a), b) & c) add up then totaling upto 24K is possible and we may come very close to the 01-Aug-2007 line. But realistically we will likely end up 5-6K short of this mark and the dates might be somewhere between late April and early May lets put it as 01-May-2011.
If the 01-Aug 2007 mark has to be reached he is how he VB’s must progress we should see ~ 8K movement every time if any of the bulletins does not show sufficient progress we will miss the mark
Jul - 15th Jan 2007
Aug - 15th Apr 2007
Sep - 1st Aug 2007
Now coming to next year. I think a very important thing will be how much SOFAD happens this year. In the most optimistic case it will be 40K. So the next intake should be able to safely cover 40K. However we should consider the fact if we reach say 01-May 2007 then ~10K of preadjudicated cases + pwmb’s will be left and we can expect another 6K of porting. So what is left really is an intake of 24K. This is I believe will be very easily satisfied by moving the dates barely into 2008, the chances for anyone in Q2 2008 for next year are a little optimistic as of now it might take Sep 2012 to clear ot the heavy demand from year 2007. I would say that the fresh intake would peg the date somewhere between 01-Jan-2008 to 28th Feb 2008 as all they need is a maximum of 24K cases beyond 01-Aug-2007 to cover a contingency of 40K. However if there is a grand gate opening that is completely hypothetical and their discretion it could be a great news to everyone waiting.
INA. Kazarian v. USCIS, 596 F.3d 1115 (9 Cir. 2010)
Quote:
Originally Posted by
TeddyKoochu
Friends many of you have asked on when your specific dates will be current. For now on the strength of numbers following is the current situation.
- The current cap consumed is 6K of regular I/C cap and around 9K of the 12K visas that came up at the time of the May bulletin this would make it ~ 15K consumption. We should be cognizant to the fact that last year SOFAD which includes I/C regular cap was 26K and this year the cap itself is les due to lack of family spillover by 10K.
- Now the next critical fact is how of much of SOFAD is left and how much is required to effectively cross the 01-Aug-2007 line, something like having the next batch of intake can only happen if there is a chance of coming really close to this point. For this calculation we should exclude the PWMB's for now, I believe last VB saw an additional 6.5 cases being current so the revised demand data should show ~ 24K. Following is what we can expect.
a) 8K from EB5 appears to be almost certain.
b) 7-8K from EB2 ROW appears to be quite likely this is based on the rate of approvals on Trackitt, however a note of caution that the USCIS dashboard was recently updated an it shows a surge of applications in March it was a similar trend last year but it does not augur well because it could mean that there will be more EB2 ROW applications and even if they file in regular processing they have a decent chance of approval in September. EB2 ROW spillover calculations is one area where everyone has different opinions.
c) EB1 – I believe that we did not receive 3K out of the 12K figure from May and we can possibly get another 5K.
All in all if all of a), b) & c) add up then totaling upto 24K is possible and we may come very close to the 01-Aug-2007 line. But realistically we will likely end up 5-6K short of this mark and the dates might be somewhere between late April and early May lets put it as 01-May-2011.
If the 01-Aug 2007 mark has to be reached he is how he VB’s must progress we should see ~ 8K movement every time if any of the bulletins does not show sufficient progress we will miss the mark
Jul - 15th Jan 2007
Aug - 15th Apr 2007
Sep - 1st Aug 2007
Now coming to next year. I think a very important thing will be how much SOFAD happens this year. In the most optimistic case it will be 40K. So the next intake should be able to safely cover 40K. However we should consider the fact if we reach say 01-May 2007 then ~10K of preadjudicated cases + pwmb’s will be left and we can expect another 6K of porting. So what is left really is an intake of 24K. This is I believe will be very easily satisfied by moving the dates barely into 2008, the chances for anyone in Q2 2008 for next year are a little optimistic as of now it might take Sep 2012 to clear ot the heavy demand from year 2007. I would say that the fresh intake would peg the date somewhere between 01-Jan-2008 to 28th Feb 2008 as all they need is a maximum of 24K cases beyond 01-Aug-2007 to cover a contingency of 40K. However if there is a grand gate opening that is completely hypothetical and their discretion it could be a great news to everyone waiting.
Teddy,
Even-though my approach is conservative, I assume USCIS Policy Memorandum on EB1-2 is impacting EB2 approvals also, and the i-140 backlog(~36k) may not going to be cleared any sooner.
So, there may be chances for spillover from EB2ROW!!
Here is the excerpt on EB2 from the Memo
"The statutory provision for the Alien of Exceptional Ability immigrant classification at INA 203(b)(2)(A) requires that the alien will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States because of his or her exceptional ability in the sciences, arts, or business. The alien must also have a job offer from a U.S. employer to provide services in the sciences, arts, professions, or business.5 The regulation at 8 CFR 204.5(k)(2) defines exceptional ability in the sciences, arts, or business as having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. The regulation at 8 CFR 204.5(k)(3)(ii) requires that a petition for this immigrant classification must be accompanied by documentation consisting of at least three out of six types of evidence listed in the regulation (e.g., academic record, professional license, membership in professional associations)."
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"Policy
In order to promote consistency in decision-making, USCIS officers should use a two-part approach for evaluating evidence submitted in support of all petitions filed for Aliens of Extraordinary Ability, Outstanding Professors or Researchers, and Aliens of Exceptional Ability. USCIS officers should first objectively evaluate each type of evidence submitted to determine if it meets the parameters applicable to that type of evidence described in the regulations (also referred to as “regulatory criteria”). USCIS officers then should consider all of the evidence in totality in making the final merits determination regarding the required high level of expertise for the immigrant classification."
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