This is the system which allocates the visa quota numbers for immigrant visas and green cards – the famous “line” that anti-immigrant people are always telling the undocumented to get into.
In the April 2015 Visa Bulletin, the current priority date for EB-3 China retrogressed from October 22, 2011, to January 1, 2011.
• #Priority_date means the date on which your sponsor (employer or family member) began the process.
• Current means the date listed in the Visa Bulletin. For you to apply for a green card based on your sponsor’s petition in a particular month, your priority date must be earlier than the current priority date for that month for your specific type of case.
• EB-3 China means  your employer petitioned to get you a green card based on a job that requires your specialized bachelor’s degree, and  you were born in China.
• #Retrogressed means that the current priority date went backwards – in this case, almost 10 months.
DOS explained this by saying "We moved the priority dates forward a lot the last few months, and we've seen increases in green card applications, so now we have to close the window by moving the date backward."
That makes sense in a vacuum; but here’s what happens in the real world:
When cases in the backlog become current, Immigration (aka CIS, formerly INS) finally gets around to looking at them. What do they do? They issue RFEs (requests for evidence) ordering applicants to submit new medical exams.
They do this because of a relatively new and stupid policy that medical exam results are now only valid for 12 months. This rule has not resulted in any change to who has been admitted. It has simply forced thousands of applicants to pay unnecessary fees to undergo unnecessary medical exams.
So now our clients are dutifully getting new medical exams – but by the time we get the RFE responses to Immigration, they won't have time to review the cases before the priority date has retrogressed.
The result is that these cases will sit in the backlog at Immigration, and DOS will probably hold the priority dates for another 12 months, resulting in yet another RFE ordering another useless medical exam.
This is what happened last summer to EB-2 India (your employer’s petition was based on a job that required a specialized master’s degree, and you were born in India) except it was even more ridiculous then because those clients received RFEs requesting new medical exams -- but their priority dates never became current.
As Robert remarked, “I'm pretty sure this is the plot line of an unfinished novel by #Franz_Kafka.”
The NSA would be interested as well, I'm sure.
The ICE jail system has expanded 47% in the last decade, and 62% of all ICE immigration detention beds are now operated by for-profit prison corporations. Two companies, CCA and GEO Group control 72% of the private immigration detention beds.
US Immigration policy is being distorted by massive lobbying by these companies whose interests oppose the interests of the American people and the immigrants they detain.
- University of California, Hastings College of the LawLaw, 1989 - 1992
- San Francisco State UniversityMA-TEFL, 1984 - 1986
- Pomona CollegeHistory, 1974 - 1979
- Law Office of David S. WrightLawyer, 1993 - present
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