I am writing to you to express my deepest concern regarding the most recent Visa Bulletin for April, published on the Department of website temporarily this afternoon. For unknown reason, the bulletin has been unavailable for viewing. The draft bulletin contains discriminatory elements that violate the principle of equal treatment. The content in Section D. D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY, which is attached at the end of this email, delivers two messages:
1. Unused numbers of can be used to apply on that country’s available employment based visa number if a country’s per-country limit has been reached.
2. Among more than 180 countries around the world, only one country is the subject to this favorable treatment and that country is India.
The first message departures from precedent treatment of immigrant visa number availability which is always capped at no more than 7% of all the available visas per annum. We welcome this change which is a potential practical solution to the backlog of available visas and to relieve thousands of people and their families, including hundreds of children, from the long and straining immigration odyssey.
However, I would like to speak for legal immigrants who were born in mainland China, that the second message which once officially published, would show that the US government is biased toward immigrants from India. We as immigrants from China hold nothing against immigrants from India, but would like to request equal treatment based on transparent immigration policies. If immigrants from India can be granted to have visa numbers in excess of the per annum limit, then immigrants from China and all other countries should all be granted this treatment.
Equality is one of the guiding principles based on which this great nation was founded and the principle of no discrimination is universally accepted by almost all part of the United States. I hope the United States government could follow these principles and show that it is clear of any discriminatory acts by revising bulletin so that it does not contain any element could become under the scrutiny of justice for favoring one country over others.
Attachment: Section D of the draft April 2008 Visa Bulletin:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual “per-country” limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
Best Regards,
1. Unused numbers of can be used to apply on that country’s available employment based visa number if a country’s per-country limit has been reached.
2. Among more than 180 countries around the world, only one country is the subject to this favorable treatment and that country is India.
The first message departures from precedent treatment of immigrant visa number availability which is always capped at no more than 7% of all the available visas per annum. We welcome this change which is a potential practical solution to the backlog of available visas and to relieve thousands of people and their families, including hundreds of children, from the long and straining immigration odyssey.
However, I would like to speak for legal immigrants who were born in mainland China, that the second message which once officially published, would show that the US government is biased toward immigrants from India. We as immigrants from China hold nothing against immigrants from India, but would like to request equal treatment based on transparent immigration policies. If immigrants from India can be granted to have visa numbers in excess of the per annum limit, then immigrants from China and all other countries should all be granted this treatment.
Equality is one of the guiding principles based on which this great nation was founded and the principle of no discrimination is universally accepted by almost all part of the United States. I hope the United States government could follow these principles and show that it is clear of any discriminatory acts by revising bulletin so that it does not contain any element could become under the scrutiny of justice for favoring one country over others.
Attachment: Section D of the draft April 2008 Visa Bulletin:
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual “per-country” limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
Best Regards,
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