EB3 2009 Visa allocation discrimination

In 2009, DOS allocated fewer visas to EB3-India and EB3-China despite these categories being one of the most retrogressed ones. Certain categories for some states have been defined as oversubscribed without actually allocating the 7% limit of immigrant visas to that category. We believe this is in violation of Immigration and Nationality Act and discriminatory.


EB3-India: under allocated 480 visas

The total number of EB3 immigrant visas granted in FY-20095 was 39,778 and yet EB3 India was only allocated 2,304 immigrant visas which is less than the 7% limit (7% of 39,778 is 2,784), i.e. under allocation of 480 visas.


EB3-China: under allocated 866 visas

EB3 China was allocated 1918 immigrant visas which is less than the 7% limit (7% of 39,778 is 2,784), i.e. under allocation of 866 visas.

 

2009 Visa allocation for retrogressed categories

Category

Country Limit for 2009

Actual allocation

 Over(+)/Under(-) allocation

EB3-India

2,784

2,304

-480

EB3-China

2,784

1,918

-866

EB3-Mexico

2,784

4,566

+1782

EB3-Philippines

2,784

5,536

+2752

 

As per Visa Bulletin for April 2009, EB3-India and EB3 China were the most retrogressed categories with PD of Nov-01-2001 and March-01-2003 respectively. Despite these countries being severely backlogged, they were allocated fewer visas than their country limit whereas oversubscribed categories like EB3-Mexico and EB3-Philippines were allocated way beyond the country limit.