Thread on illegal reservation of visas by @USCIS in 2022 for ROW leading to retrogression for India EB2 & stagnation EB3 India cutoff dates. #greencardbacklog #discrimination #racism #lawlessagency @David_J_Bier @BradBanias @gsiskind @ckuck @cyrusmehta @immlawACHall @blesjm1
By holding up & refusing to process ~77K EB2/3 AOS from India born applicants & seeking other applicants instead, @USCIS violated INA 202(a)(1), 202(a)(3), 202(a)(5), 203(e) & 203(g).
I would be happy to be proven wrong. Let @USCIS show they did not already have majority of the pending 77K EB2/3 India inventory in Q1 FY2022. They processed majority of AOS in order of priority date(PD), i.e., processed EB2/3 India pending from Oct 2020 BEFORE RoW EB2 PD 2021/22
If @USCIS can at its discretion change the order of processing & allocation of EB visas in favor of RoW & reserve visas for them to use in Q3/4 2022, they surely can in 2023 allocate as many RoW visas to India to process the pending EB2/3 inventory that they illegally held up.
Any litigation that DOES NOT challenge reservation of visas in Q1/2/3 2022 for ROW & preferential out of order processing of RoW throughout 2022 WILL NOT SUCCEED because the relief we seek of visa allocation to retrogressed EB2 India directly takes away visas from RoW.#gcbacklog
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@BaniasLaw Thread for FOIA #gcbacklog#discrimination 1/ Here's what to ask: 1. No. of "qualified immigrants" under 8 USC 1153(b) were pending for India, China, R0W in EB1, EB2, EB3, EB4 & EB5 on October 1, 2021, January 1, 2022, April 1, 2022 & July 1, 2022, October 1, 2022.
@BaniasLaw 2/ 2. No. of I-485 applications pending for India, China, R0W in EB1, EB2, EB3, EB4 & EB5 on October 1, 2021, January 1, 2022, April 1, 2022 & July 1, 2022, October 1, 2022 before @USCIS & @travelgov.
@BaniasLaw@USCIS@TravelGov 3/ 3. No. of I-140 applications pending for India, China, R0W in EB1, EB2, EB3, EB4 & EB5 on October 1, 2021, January 1, 2022, April 1, 2022 & July 1, 2022, October 1, 2022 before @USCIS & @travelgov.
1. Here is how 2022 EB2 & EB3 allocation should have been done: EB2 has 80K visas-Q1-they don't have sufficient ROW demand & India & China limit is reached on day 1, country cap comes off for both but FIFO under 203(e) means ALL 20K visas for the quarter go to earliest PD holders
2. INA203(e) does not take a vacation when 202(a)(5) applies removing country cap for the remainder of the quarter. 203(e) does not provide for two lines, one for the country capped, another for RoW. Q2-they don't have sufficient ROW demand, same thing happens, EB2 India get 20K.
3. Same for Q3, India gets all 20K EB2 quota. Let's presume they have sufficient RoW demand for Q4, India gets it's 7% quota of 1.4K. Now, for the spill down from EB1. Whether they do it every quarter, which is what 203(g) requires, India EB2 gets all of it because 203(e).