Without getting into commentary on whether this is fair or not, here’s how it will work for a green card rollover. 1
At the end of a fiscal year (FY), leftover family-based green card numbers roll over to the employment-based quotas for the next FY (FYs are October 1 - September 30). Unused employment numbers roll over to family categories for the next year. DV numbers do NOT roll over. 2
The EB categories get a total of 140K per year. 28.6% each go to EB-1, EB-2 and EB-3. 7.1% each go to EB-4 and EB-5. Normally that works out to 40K each for EB-1, EB-2 and EB-3 and 10K each for EB-4 and EB-5. 3
So if the 110K rollover number is correct, there will be 71,500 in each of the 1st 3 categories. There is a 7% limit in this larger pool. That means 5K for India, for example. BUT - when the numbers aren’t used by “Rest of World” they get to be used by the backlogged people. 4
Right now, Rest of World is current for EB-1, EB-2 and 15 months backlogged for EB-3. So most of these new numbers are likely going to go to backlogged people within the category. 5
If this happens as forecasted & perhaps S.3599 passes & a lot of people get taken out of the backlogs & others advance in their place AND the normal people leaving the US & abandoning I-140s happens we normally see in a recession, that should mean significant backlog reduction. 6
