Prisoners to the Processing Dates Paradox – EB3 Retrogresses in May 2009
Retrogression – Sounds like some mathematical concept (from regression, may be..)…But those of us that are prisoners to the immigration craziness in the US know that its not. In fact, it doesn’t seem to reflect any logic. Whether it’s the July 2007 sudden change in cut-off dates, or the H1-B caps that closed in 1 and 2 days respectively in 2007 and 2008 but seems to keep going forever in 2009, or today’s visa bulletin, it NEVER makes sense. Hey, look at the positive – USCIS keeps us on the edge – it’s like a TV game show – so who’ll go down this month!!?? Well, this month, it’s EB-3 category immigrant petitioners this time…retrogressed into unavailability.
It’s never a good thing when you see too many U’s in this chart..
| All Charge-ability Areas Except Those Listed |
CHINA- mainland born |
INDIA | MEXICO | PHILIP-PINES | |
| Employ-ment -Based |
|||||
| 1st | C | C | C | C | C |
| 2nd | C | 15FEB05 | 15FEB04 | C | C |
| 3rd | U | U | U | U | U |
| Other Workers |
U | U | U | U | U |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
| 5th | C | C | C | C | C |
| Targeted Employ-ment Areas/ Regional Centers |
C | C | C | C | C |
| 5th Pilot Progams | C | C | C | C | C |
USCIS puts it plainly -
The cut-off dates for the Employment Third and Third preference “Other Worker” categories were held and then retrogressed in an effort to bring demand within the average monthly usage targets and the overall annual numerical limits. Despite these efforts, the amount of demand received from Citizenship and Immigration Services Offices for adjustment of status cases with priority dates that were significantly earlier than the established cut-off dates remained extremely high. As a result, these annual limits have been reached and both categories have become “Unavailable.”
Visa availability in these categories will resume in October, the first month of the new fiscal year.
And what will happen next year? The same thing! Unless something changes in the way the Obama administration under Hilda Solis does something about this, at this time, logic says that EB3 petitioners with cut-off dates in 2007 or later will wait 6-10 years before they pick up their green card in their mail box. 10 years! OK, that’s about 25% of my professional life. In 10 years, my goal was to be somewhere else - a lot different than today – but so what? USCIS doesn’t care. I am a software engineer and that’s what they approved me to come in as. So, I better just shut my trap and stay put in my job for a decade OR just go back home. The US doesn’t need us.
Personally, I guess I don’t have the courage to make that move back rapidly. It takes a lot of effort to make it here. But I have a plan…will talk about it in the next few days..
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May 8th, 2009 at 7:00 am
This is so frustrating! I had a processing date of August 2007 and it was at July 2007 just before the latest ‘Unavailable’ status.
So now we have to wait until October and the rumor from my attorney is for further retrogression for EB3 back to 2003! So frustrating!
May 13th, 2009 at 9:00 am
Is this an immigration circus or what! EB2 for India retrogresses to Jan 2000! If this happens for EB2, I shudder to think about the fate of aspirants under the EB3 category.
I feel that people who have spent 5 years or more after their priority dates got approved should obtain their Green cards the moment priority becomes current. If not then I would be inclined to believe that America with all the modern amenities, gadgets and state of the art computer models function slightly better than a Banana state or a communist state in a so called third world country. I say slightly better,because atleast in the interim we can move around freely without our papers being checked at the drop of the hat and not being harrassed by the local police. Though the ordeal that we face at US consulates in India in order to get our Visa stamped is another harrowing story altogether. Right now I would be happy to see thru the end of this GC ordeal.
July 11th, 2009 at 6:44 pm
I expect a lot of people going to withdraw their application due to job lost. It is a big factor for this year. A lot of people might be able to withdraw their application and seek other ways in their life.
this do not seems to be a big impact in processing time, but at least it is something.
Now i just hope that i run into some big shots in dc (i work in dc, ironically one block from the white house) and maybe they will point me a short-cut by writing a emotional and powerful letter to the USCIS to make them process my application right away. other than that, i dont think i have any options then wait for the white hair start coming out of my head. I might be able to celebrate my 40s birthday and green card and paid off my mortgage at the same time.
Why people call it “The American Dream”? coz it only happens when u asleep!!!!!!
July 11th, 2009 at 6:45 pm
hope “the change” comes to me faster from the new administration instead of changing into longer wait time.
July 13th, 2009 at 10:03 pm
Why dont all EB3′s go home and build your home countries ?
Why pollute the US ?
Maybe then the recession will lift sooner.
Tunnelrat
July 13th, 2009 at 11:04 pm
If all EB3 go home, you will never get out of recession. Too many dumb people in this country, that’s why they want EB3 here. They don’t want that many EB3 at one time because it will make them all move to Dayton Ohio. No offense Ohio! If you guys would turn blue state long time ago, it wouldn’t be so poor right now. GOP only talks about you when there is a election. Get the message!
July 14th, 2009 at 10:19 am
In response to Chrisfb1:-
If all EB3′s go home US techies will get their jobs back and start spending .. EB3′s will wait and wait and park their cash .. or send it to their home countries thus dragging the recession !!
July 14th, 2009 at 12:07 pm
EB3′s are not illegal immigrants. They were “INVITED” to come to this country and contribute to the workforce because of statistically demonstrated shortage of skilled workers.
If all Eb3′s go home, those jobs will have to be outsourced to the countries where the tech workers are located. Either way, the money will always go to the people that get the work done for the least possible cost. And what they choose to do with their money is their business. Nobody just puts it in the bank – they invest it somewhere, which may not be spending, but does contribute equally to an economy. Even keeping your money in the bank has the same effect.
July 14th, 2009 at 2:26 pm
In response to Srini:
EB3′s were invited when there was a percieved skills shortage .. now there is none and the invitation was temporary .. so get lost when there are plenty of US workers available. There was a temporary skills shortage never a worker shortage so now US workers should be employed. They can be retrained when EB3′s leave.
All EB3 positions should be re-advertised and only Americans need apply now and lets see where there is this “shortage”.
Not all EB3 work needs to be outsourced .. it can be done by locals.
As for outsourcing .. it’s a cancer in our society and should be outlawed but will take a long term approach which has to be dealt by addressing other problems like the falsehoods of global trade, corporate greed, political corruption etc. An immediate and small step in this direction is to get rid of foreigners as a result of the above problems.
July 14th, 2009 at 3:33 pm
Here’s what I think about all that:
http://www.endlesswait.com/other/offshore-outsourcing-good-or-bad/
And it’s not yours or my call to make anyway. H1B’s and EB green card petitioners are here now and unless there is change in the laws, they are not all going home, and until then they pay just as much taxes as Americans do. The problem we are talking about here is the wait and the unreasonable rules during the stay here that is the issue..
I understand that every country needs to look out for itself first. But policies need to be clear and fair. All they ask for is that if you invite someone home, be nice to them.
July 28th, 2009 at 11:46 pm
If Eb3′s go, federal govt which is in a trillion dollar deficit would reach 10 trillion dollar deficit. Microsoft,IBM,Amazon,google,sun,oracle and 1000′s of tech companies will close their offices in the US and move on to India and china which cost another 10 trillion dollar deficit.We contribute about 10 billion dollar every year for your social security and medicare benefits which we cannot avail. So my dear friend, do you want a pay check every month when you are 65+ ? We are not illegal aliens so please don’t categorize us under them as we are law abiding citizens and I have a Master’s degree from UT Austin. I have paid about 120,000 dollars in terms of federal taxes myself which is used for the unemployment checks which DOL gives out so please don’t ever say we do not contribute to the American economy.My friend, please do some research and then commnet on such critical and sensitive issues.
July 29th, 2009 at 10:18 am
In response to DEEP:-
1. Outsourcing is to be stopped long term in it’s present form. MS, Google can operate in India or wherever and employ locals there to develop complementing products.
2. H1B’s to be stopped and even if US universities educate foreigners they are to go home and try to build their home countries.
3. Americans to be trained for STEM jobs in the US period.
Deep why are you hanging around … hoping for a green card ? If you get lost today an American can be found to do your job in this recession.
The point here is we dont need foreigners when locals are available in the short term while long term cancers like outsourcing should be stopped. Hope the Grassley bill puts an end to this or starts a process to end it.
July 29th, 2009 at 10:40 am
In response to tunnelrat
I understand your frustration but the fact is demand is much higher than availability of Americans.For eg:, for my position ,there were only few Americans who applied but my company couldn’t find right kind of experience and qualification.Even for the Labor certification , the process extends for 6 months and the ad was placed in newspapers,Internet and still hardly we got about 10 resumes from Americans who met the job requirement but did not clear the interviews.
Also, one thing you guys should realize is that we are not paid low and are paid according to the skill level and experience and regarding the job training US has best training possible but not many Americans are willing to get in to the IT field that’s why we immigrants are filling in the gap.You should also realize, a company would never sponsor visa if they can easily find an American as maintaining immigrant visa and Green Card is a big expenditure but they still do it because they can’t find enough American’s.
Whatever said and done, Immigrations bills would pass this year at least legal aliens as the federal Govt understand the losses if they don’t do something about it.There is a bill being introduced by Sr. Senator Schummer which is supporting legal aliens and would easily get the house and senate votes. So, please don’t think we are stealing the jobs but fact is there aren’t enough Americans to fill the demand.
July 29th, 2009 at 9:15 pm
Deep – you still dont get it – Americans are not getting into STEM because of what they see and hear. The first step is to stop the “easy” availability of H1B’s. Then Americans and American industry should work out ways to fill the labor gaps with locals. Why should Americans get into STEM if it’s being outsourced and undercut by overseas firms ? This is a huge task but the easy first steps are to get rid of the H1B, escort foreign students OUT of the US as soon as they finish their studies so that their home countries can employ them to make use of ther US education. Then less foreign students or none at all will come to study here if the doors are closed. The work has to be done here .. H1B’s are just cogs in the wheel. If enough incentives are given to US workers they will gravitate to the STEM fields. Like reducing our dependence on foreign oil we should eliminate foreign workers by educating and employing our own.
July 29th, 2009 at 11:28 pm
tunnelrat
As I said earlier, I really understand your frustrations but realize few things:
1. Understand the difference between outsourcing and the high tech workers in the US. Outsourcing is sending jobs to India or China which is a totally different issue US is facing.We are immigrants to this country who want to be Americans and as I said earlier we are following all rules and paying our taxes.I say it again because you should be very clear between the differences.
2. If the foreign students don’t come to study here as we pay the fees from our pocket, then most of the universities will closed down.60% of the university revenue comes from foreign students so do you want American universities to close down.I paid about 35,000 dollars from my pocket to study here and did not get any federal loan or so.Again we contribute to the education of this country so without foreign students American education institutions will go down drastically or even shut down as we provide the funding’s which you guys enjoy as instate fees because we pay International fees.
I have always admired Americans for their innovation but you should realize, the demand for these jobs is so high that its really impossible for Companies to rely on local talent because not all Americans like to be in the Tech field.You can’t force Americans to join the STEM field so obviously there are huge gaps which are filled by Immigrants who wants to be Americans.We don’t send money home rather we spend it here in the economy, We buy cars,houses,electronic items, we travel just like any other citizen. You should realize how much we are contributing to the economy so why shouldn’t we be given Green card’s faster.Only Native Indians are the real people who belong here and rest everybody are immigrants. USA is a land of immigrants for centuries and which is why it was the super power.I use the term “Was Super Power” because slowly other countries like China are becoming the Super Power and the immigration restrictions could be a reason as the highly educated MIT, Stanford Grads are going back and innovating in their home countries.Google co-founder Sergei Brin is a immigrant, Yahoo founder Jerry Yang is a Immigrant,Amazon founder Jeff Bezos is the son of a immigrant, about 70% of Microsoft innovators are immigrants, Hotmail the first free web based email was developed by a immigrant(Sabeer Bhatia) and later sold to Microsoft and I can go on with the list. In short if USA has technological edge in the world,its mainly because of the Immigrant population and no amount of facts can deny it.
Finally, I want to comment about how much revenue USCIS makes out of the whole Visa and Green Card application procedures.It is believed to be billions of dollars and the money goes for the Welfare of Americans in different govt projects . So if you are going to cut down immigration then who will generate the revenue by the high cost associated with processing Visa and Green card applications.Why are you so against us as I am repeating again we immigrants are only contributing to make this country great.I hope you understand us and clearly distinguish us by not associating us to outsourcing and Illegal immigrants as we totally fall in another category.
July 30th, 2009 at 5:39 am
Deep you STILL dont get it:-
Because of the problems I listed outsourcing, allowing foreign students to stay, illegal use of H1B visas US workers ARE affected GREATLY.
If the US university had charged you 70000 and ICE escorted you out of the country when you finished would you have come in the first place ? I was told that most foreign students are falling over their feet to prove to ICE that they WILL NOT stay in the US when applying for student visas. But you still hang on as WE allow SKILLS shortages to develop. In a recession there would be plenty of American workers willing to go to a DeVry to get an IT education but the impression is that any job that can be sent on a wire will end up in India, Manilla etc. So we should be making 3-5 times the current revenue from the entire process NOT allow you to stay and then let’s see how many will come. The proceeds should be used to train US workers.
This needs to be addressed as there is 15% unemployment here and local workers can be trained. MOST IT work can be done by any monkey esp. if it can be done in India. All these businesses started by a tiny minority of immigrants could have been stared by Americans – most are backed and funded by Americans. So you not only took the jobs but also the businesses.
There is an O visa to bring in the exceptional talent from around the world with no limits. It’s rarely used but we can bring the Einsteins etc of the world if needed but not likely in a recession.
Hope you get the point now .. we CAN do without foreigners .. it just takes some action and now is the time address it in this recession.
July 30th, 2009 at 5:39 am
Deep you STILL dont get it:-
Because of the problems I listed outsourcing, allowing foreign students to stay, illegal use of H1B visas US workers ARE affected GREATLY.
If the US university had charged you 70000 and ICE escorted you out of the country when you finished would you have come in the first place ? I was told that most foreign students are falling over their feet to prove to ICE that they WILL NOT stay in the US when applying for student visas. But you still hang on as WE allow SKILLS shortages to develop. In a recession there would be plenty of American workers willing to go to a DeVry to get an IT education but the impression is that any job that can be sent on a wire will end up in India, Manilla etc. So we should be making 3-5 times the current revenue from the entire process NOT allow you to stay and then let’s see how many will come. The proceeds should be used to train US workers.
This needs to be addressed as there is 15% unemployment here and local workers can be trained. MOST IT work can be done by any monkey esp. if it can be done in India. All these businesses started by a tiny minority of immigrants could have been stared by Americans – most are backed and funded by Americans. So you not only took the jobs but also the businesses.
There is an O visa to bring in the exceptional talent from around the world with no limits. It’s rarely used but we can bring the Einsteins etc of the world if needed but not likely in a recession.
Hope you get the point now .. we CAN do without foreigners .. it just takes some action and now is the time address it in this recession.
August 2nd, 2009 at 6:47 pm
@ tunnelrat
ummm you should probably go back to digging tunnels cause that is what you will be doing in the foreseeable future, i.e. if the ‘immigrants’ don’t fix it for you.
I take it that you have absolutely no idea of macro or micro economic issues and you are obviously a very rude person. Stupidity combined with arrogance is such a sad thing.
August 3rd, 2009 at 9:53 am
For Tunnelrat: I doubt you are an american if we look back at your history. You better go back to where your ancestors came from. Your feelings, throught process and ideas are the most stupid ideas i’ve ever read on the internet. Your feelings towards immigrants is totally hatered for some reason. You are narrow minded person for 100%. I can’t argue that American’s can’t work in specialized skills area but what i do know is that this country still needs skilled, educated worker in order to compete with rest of the world, doesn’t matter if it is in BOOM or in RECESSION. Don’t forget there is a history for how this country was built. Don’t ever think that you can do it all alone.
August 4th, 2009 at 6:35 pm
To dejavu:-
I do not hate immigrants if you’ve read my posts – you are just the cogs in the wheel of a faulty system. I can take pity on you and say why dont you get lost and go home and build your home countries with the skills and education you have paid for and acquired? After all this thread is on “Prisoners to processing dates”. We’re not that bad as a country as we have a diversity green card program for people wanting to come to the US. We have to live to a high standard .. try immigrating to Saudi Arabia, N.Korea China etc and see what you get.
There is no argument that the H1B in tech. is a fraudulent system and makes Corporate America happy along with outsourcing firms to the detriment of US workers. Foreign students lying to ICE and overstaying is not what we want foreign students here for. We are not doing a great job educating our youth and should do more. Globalisation is a cover for US and other multinationals to exploit workers everywhere around the planet etc etc etc. These are the larger issues.
You are the victims and the cogs in the wheel of these problems and the tiny irrrelevant part. That is why I have said that eliminating the H1B and not issuing green cards are just the first tiny steps to overcoming the larger issues we face. You are not the problem .. the problem is the current system of H1B, Green card issuance, global trade as a cover for outsourcing. So you are the effect but it’s time to fix the problem.
August 6th, 2009 at 11:48 am
I guess you are right. Its time for speciality workers, researchers, Scientists, Doctors, Nurses, Artists, Engineers, Scholars, Nobel Prize Winners, …and technicians CEOs working in corporate giants like Microsoft, Amazon, Google, Yahoo, NASA, Harvard, Standford to go back to their respective homes and start building their country. Its time that US now realizes that Immigration system is the problem because there is no job openings to their citizens. Why don’t you do this immediately?? leaglize all 20+ Million Illegal immigrants so that they can cover the patty field and kitchen and that you can enjoy them on the table and maintain your standard. Eradicate H1B Caps, wipe out Green Card system and start sending your people back to school or at least have them join “online” university so that they can be a skilled worker one day and gift the nation with their talents. Pull out Embassies and Counselate offices where they generate billions in revenues from every single country from where they supplement their people and their economy. Bring your companies back home so that people here can have the job regardless of the fact that if they can or cannot do the job, regardless the project successess or fails..they must have the job! It is time that intelligence should move to explore and advance China, Japan, Korea or Saudi Arabia. Because according to you you can build your nation by eradicating skilled immigrants out of this country which are part of the bigger problem.
Give me a Break!!
TunnelRat-Your ideas are driving in a One Way street as so far i understand from all of your comments that you are just looking at what US is offering? and Not looking into facts of what US is getting in return. I still don’t think the solution to the problem is changing the Immigration system, you are just pointing middle fingers to your government..You yourself are the problem…what are you doing as a citizen? What are you contributing to your Country? you guys individually have to Compete..take the jobs if you can comon..challenge yourself!! you can be better if you can compete..put yourself in a better position yourself individually, independentally..playing x-box 24/7 won’t help here! Compete, Fight, Learn, Compete prove you are the best..why blame the National System? There were policy makers, leaders, diplomats, beaurocrats involved in building an immigration system centuries before you were born or even before you started to know immigration system. They saw Value in inviting talents to this great country. I don’t understand what do you mean by “H1B tech. is a fraudulent system”, scums are every where in every corner of my street that doesn’t mean the my community is a scum. You must see the difference. You must respect these workers, they are hen that give you golden eggs…Have some respect towards them because they’ve earned it, they want to do more and more newer and better, they don’t that option at home thats why they are here to be with the best of the best..and they deserve to stay here.. to challenge americans, share experiences, spread wisdom, share knowledge, provide intelligence to help America and themselve Grow bigger, better and stronger.
It is a Two Way Street!
August 12th, 2009 at 6:33 am
dejavu:-
Develop the “option” in your home countries. Our system is the best but has failed our youth and workers. I cannot agree that importing foreigners by the boatload and equally outsourcing is to our benefit in the LONG run.
So go home develop this “option” for professionals to thrive in your home countries.
For every foreigner who has come here and excelled the US has lost an opportunity to train a local.
I hope I have made my point – every othe tiny benefit from foreigners coming here is irrelevant.
August 18th, 2009 at 10:42 pm
You are not a Taleban King. You don’t dictate. You don’t tell people to go home. Stupid mind.
August 23rd, 2009 at 10:12 pm
tunnelrat! Ok,I had seen all your comments!Just one comment! Give back all taxes (ssn & medicare)to all individauls who are leaving US paid by foreigners (Temp. workers! as per you) Make this small settlement then every one leave.
As per you, if all others has to leave US, then they will demand return their taxes since they cant get SSN benefits and medicare benefits what they paid before. Till you make settlement on this, they can’t leave USA.
Also make sure all US corporations not to steal other country businesses and not to operate in other countries and not to import any stuff because as per you local people loose their jobs… Don’t ever dare to make false statements and dont misuse the practicle purpose of this forum..If you are honest admit both side problem and not one side.
August 29th, 2009 at 12:52 pm
..it’s not yours or my call to make anyway. H1B’s and EB3 green card petitioners are here now and unless there is change in the laws, they are not all going home, and until then they pay just as much taxes as Americans do. The problem we are talking about here is the wait and the unreasonable rules during the stay here that is the issue. Bills were passed, Laws were established, Rules were followed, Taxes were paid then why we are being treated like Prisioner’s now??..why are we being treated like “Cogs in the Wheel”??
I understand that every country needs to look out for itself first. But policies need to be clear and fair. Look out for future to overcome possible overwhelming situations like this and plan for it accordingly..Now since you’ve already invited someone home, be nice to them…and follow the Law…Follow the Rules that are already in place.
September 21st, 2009 at 7:35 pm
In response to dejavu:-
Time to change the rules:-
H1B is a temp. visa – send H1′s home and see if Americans can do the job.
No need to refund taxes – you enjoyed the benefits of living here – or you will not be here is’nt it ?
The USCIS to scrap PT and hold foreign students to their word that they will NOT stay in the US after their studies – to be escorted out of the US – they can work in US corporations or better domestic ones in their home countries.
Will you guys still get the points I am trying to make ?
October 18th, 2009 at 2:42 pm
Will all the so called americans go back to their home lands.
We were good and living peacefully in 18th century untill we were taken as slaves …till now
October 20th, 2009 at 7:04 pm
Tunnelrat, I don’t mean to make you target but answer “kalkar August 23rd, 2009 at 10:12 pm”. This thread is not suitable to getting your frustration out.
However I do agree with you on some points such as USA should close its door of immigration. That way talented people will fix and improve their own country rather than taking a plight. For example, India government spends so much money on its IT and other gradutates and then they leave the country and provide benefit to USA etc. (I admit that I am also guilty of that).
I am in favor of ban on all immigration so as to force the people to stay in home country and improve that. Former USSR didn’t allow its people to flee and it was a powrer to reckon with. Look at it now.
October 26th, 2009 at 6:23 am
What is tunnelrat blabbering about .. we are talking about 65k h1-bs a year compared to 10% unemployment. Greed combined with pride is the downturn of “youth in America”; not a few hundred thousand skilled workers
October 27th, 2009 at 11:50 am
To kelkar asidopan et all:
No need to refund taxes as you enjoyed the good roads, parks,safety of the police etc while you stayed here. When you leave we will not have your money but from the Americans who will replace you. I agree with members here that the H1b racket is not the fault of H1B holders but of Corporate America .. but I want you to to get out while we tackle the larger problem with Corporate America. It just needs legislation to remove H1B just like it took legislation to implement it. H1B’s are NOT immigrants just temporary workers so there should NEVER be a path to becoming residents in the US. H1B should only be used in terms of need and on a temporary basis if really required. H1B is full of fraud and is being used to displace American workers with the guilty again being primarily Corporate America. American workers are not idiots to see this happen and DO NOTHING !!
September 4th, 2010 at 11:44 pm
Good information! It is been a while since I stumbled across such..thanks…
October 1st, 2010 at 5:30 pm
common guys, im a nurse and stock on the line of EB3, my time is wasted taking the exam for the US, IELTS< CGFNS< NCLEX and I passed them all. Now if not with the line and not considering US maybe I been working in middle east or in new zealand, cnada which by now i already got millions…..
If not with the delays, my life is productive and able to share it with the humanity.
October 1st, 2010 at 5:31 pm
My life now is a mess, that I been shaping it once again to consider migrating to canada.
February 10th, 2012 at 11:42 am
Yo tunnelrat, u have tunnel vision. Where are your forefathers from? I bet they were slaves crapping in holes in the ground long after Indian s invented universities and drinage systems.
Immigrants built this country – and we continue to do so. My grandparents and my parents have PhDs from abroad and chose to go back to their home countries – how about yours? As I do but only after some work and life experiences here. so not all Indians want to live in your crappy country but we work hard, pay more taxes than the average American and are way more qualified and educated that your kind. Why don’t you go back to whatever country your ancestors escaped from?
February 26th, 2012 at 6:23 am
Excellent post you have written. Thumbs up =p