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Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays

I had a very upset client contact me this last week. He was angry . . . at the Visa Bulletin. He could not understand how, after the start of the new fiscal year, there was essentially no movement in the visa numbers. I tried to calm him by telling him that he just needed to be patient. Then I realized how patronizing that sounded. How much longer did he need to wait? He has an approved immigrant visa petition (EB-3) with an early 2005 priority date in the worldwide category. So, I decided to try to figure out when he might actually get his green card. I ask that you bear with me through this process. This is a LONG post, but one I think you will appreciate reading. I have to warn you now, this math is a shot in the dark. I do NOT have all of the numbers of pending and approved cases in each category of employment based immigration. However, some estimate, based upon some pretty good numbers, is better than mere guesswork. Let me walk you through this analysis. However, I first ask you...

Why Don’t You Come Legally – the Immigrant Visa Disaster

Okay, we all know there are no visas available until October 1, 2009 for any third preference employments immigrant. It stinks. It makes no sense in how we grow the economy and bring in “legal” workers. And, we know there is a 5-9 year wait in this category. We know that there are between 8-50 year waits for the assortment of family based immigrant visas (do the math for Mexican Brothers and Sisters–its not pretty). But we resign ourselves to fixing this disastrous , undocumented immigration causing problem as part of CIR. But, in today’s Visa Bulletin we get this terrific surprise . India EB-2 has retrogressed to January 2000! What the Heck? You mean if I am from India, and I have an ADVANCED DEGREE, and my work is in the NATIONAL INTEREST, that I have to wait 9 YEARS before I can even apply for permanent residence? No wonder these advanced degree, economy growing, job creating immigrants are deciding to go home. Vivek Wadwha , whom AILA is honoring with its Media Leadership Award at...