Thursday, February 20, 2020

WHAT DOES THE PHILIPPINE AND WORLDWIDE RETROGRESSION MEAN FOR EB-3 VISAS?


The March 2020 retrogression of the EB-3 category means that the US government has "overshot" their usage of visas in Fiscal Year 2020 (Oct 2019 - Sept 2020).  In order to remedy this, the government retrogresses the visas, which serves as a pause on the issuance of new visas.  The Philippine EB-3 date retrogressed because of increasing demand for Worldwide immigrant visas.  The Worldwide cut-off date can never be less favorable than any other country’s date.

This happens every few years.  Visa approvals will slow or stop starting in March, until the end of the fiscal year in September.  In October 2020, new allotment 140,000 visas are released into the system.  There is a chance that more visas are released into the system before the end of the Fiscal Year because, from time to time, the government's pause has its intended effect and more visas can be released before year-end.

If you are in any part of the visa process and you do not have your visa issued before March 1, 2020, your case will be held in abeyance at the Embassy or NVC, unless you have a priority date earlier than January 1, 2017 (Worldwide and Philippines). 

10 comments:

  1. Hi Atty, what do you mean by "There is a chance that more visas are released into the system before the end of the Fiscal Year because, from time to time, the government's pause has its intended effect and more visas can be released before year-end." does it mean that there is a possibility that the VB PDs will progress before the FY (2020) ends?

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    1. GeraldRN hen they retrogress priority dates it means they are trying to slow down the issuance of visas, if around the months before the end of the fiscal year (maybe in July or Aug) and they see that there are a lot of visas left to be issued then they will definitely push the priority dates forward to be able to use up all the visas left and not waste it because visas unused for a fiscal year cannot be carried over and added to the new fiscal year

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    2. Yes. It means that there is some chance, although not a high one.

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    3. In my opinion these visa problems began when the table 2 or dates for filing became current for months and caused the visas to be used up by persons on AOS. Correct me if I am wrong, they should have put the breaks on Table 2 a long time ago.

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  3. Hi Atty,

    The Philippine EB-3 date retrogressed because of increasing demand for Worldwide immigrant visas.
    - What does this mean for PH applicants? Does this mean that the more applicants from Rest of World (ROW) the smaller number of visa will be allocated to the PH?

    The Worldwide cut-off date can never be less favorable than any other country’s date.
    - Though I know the answer to it basically, just wondering why they do this? Is this some form of discrimination? You are processed based on the country of your birth? We all know that the best nurses comes from PH, so why not allocate more to the PH?

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    1. I totally agree with the two points being questioned.

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    2. First question: No. It is not intentional discrimination, although it has a discriminatory effect.

      There is a total pool of EB visas (140,000). If one country from the worldwide category uses a visa, that is one fewer in the total category.

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    3. Second question: There are a million things wrong with the US immigration system. I agree the way it treats most immigrants --Philippine, Chinese, and Indian immigrants in particular -- is certainly high on the list of problems.

      The best solution however is not to create a system is not to pit one country vs. another country. Personally, I look to the talents and contributions of the individual. I don't really care where they happen to have been born.

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  4. If one has paid Fee Bill, already documentary qualified and got caught with retrogression, will he/she have to pay Fee Bill again if retrogression last for months or even a year?

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