To whom it may concern:
I am writing to you to express my concerns regarding the recently released April 2008 Visa Bulletin by the Department of State (hereafter referred to as “April 2008 Visa Bulletin”.
As indicated in the April 2008 Visa Bulletin released on March 14, 2008, the cutoff dates of China Mainland Employment preference category two and three are not current. Meanwhile thousands of Chinese Employment Based applicants are enduring excruciating long wait for their Priority Dates to become current. Many of them were told by USCIS in one way or another that their cases could not be approved because visa numbers were not available.
However, Section D of the same Visa Bulletin explains that “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…”
This re-allocation of un-used visa numbers could only be acceptable to all the hardworking immigrant taxpayers from the countries whose priority dates are not current, including myself unless the following questions are answered:
First, was“the total demand” for visa numbers insufficient to use all available numbers in the calendar quarter preceding April 2008? The Department of State should release how many visa numbers were requested during the abovementioned calendar quarter by country and by employment preference category. The law abiding green card applicants from all countries deserve equitable formulae behind this critical decision-making.
Second, if the “total demand” for visa numbers WAS insufficient, then why is it insufficient even though thousands of cases have been waiting for years at USCIS for processing and it is very obvious the DEMAND is way beyond “insufficiency”? What caused the demand for visa numbers to be skewed and not adequately reflect the true picture? USCIS should release the number of cases it received, the number of cases that are pending adjunction and the number of cases that are otherwise approvable should visa numbers are available, all three by country and by employment preference category.
As a hard working taxpayer for xxx years, I am strongly concerned why these potentially unused numbers from Employment-based preference category two are only made available to Indian applicants rather than all applicants whose cutoff dates are not current.
I hope USCIS and DOS would address our concerns as soon as possible and in a responsible manner.
Best Regards,
Your name
And information
Reference: http://travel.state.gov/visa/frvi/bulletin/bulletin_4177.html
sample letter here
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