@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.
@BaniasLaw@USCIS@TravelGov 4/ 4. No. of approved I-140 applications with corresponding pending 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 5/ 5. No. of approved I-140 applications for India, China, R0W in EB1, EB2, EB3, EB4 & EB5 as on October 1, 2021, January 1, 2022, April 1, 2022 & July 1, 2022, October 1, 2022 before @USCIS & @travelgov.
@BaniasLaw@USCIS@TravelGov 6/ 6. No. of I-485 applications approved for India, China, R0W in EB1, EB2, EB3, EB4 & EB5 in Q1, Q2, Q3, Q4, 2022, October 1, 2022 by @USCIS & @travelgov.
@BaniasLaw@USCIS@TravelGov 7/ Same I-140, I-485 pending data for NIW cases for beginning of each quarter and approved for each quarter.
@BaniasLaw@USCIS@TravelGov 8/ Amount of fees received by @USCIS for non-cap subject H1B petitions (renewals and transfers). Same information for Indian nationals alone. Amount of fee collected from Indian nationals for I-140 petitions, premium processing, I-485 application in FY 2021 and 2022.
@BaniasLaw@USCIS@TravelGov 9/ The agencies' estimates of anticipated numbers of visas to be issued during Q1, Q2, Q3, Q4 FY 2022 & Q1 FY2023 under EB1/2/3/4/5 for India, China, RoW made under 1153(g) on or before Oct 1 2021, Jan 1 2022, April 1 2022, July 1 2022, and Oct 1, 2022.
@BaniasLaw@USCIS@TravelGov 10/ The agencies' estimates of anticipated numbers of visas to be issued during Q1, Q2, Q3, Q4 FY 2023 for EB1/2/3/4/5 for India, China, RoW made under 1153(g) on or before Oct 1 2022.
@BaniasLaw@USCIS@TravelGov 11/ @USCIS@Travelgov explanation of the purpose of Dates of Filing and Final Action dates in #visabulletin for each of the months of the FY 2021 and 2022 and how it conforms to the stated purpose and objectives of having those two dates in the bulletins.
@BaniasLaw@USCIS@TravelGov 12/ Identify @USCIS@Travelgov officials involved in, official memos, justification for, and plans executed in relation to "Publishing communication materials in January, February, March, and April 2022 notifying the public that USCIS lacked sufficient inventory in the EB-1 ....
@BaniasLaw@USCIS@TravelGov 13/ ...and EB-2 categories and encouraging eligible noncitizens to consider applying for adjustment of status in those categories" as stated in the FAQ uscis.gov/archive/fiscal…
@BaniasLaw@USCIS@TravelGov 14/ Average time from receipt date for Approving EB1/2/3/4/5 applications for each of India, China & RoW chargeability separately during FY2021 and FY2022.
@BaniasLaw@USCIS@TravelGov 15/14/ Average time from receipt date for Approving EB1/2/3/4/5 I-140 petitions for each of India, China & RoW chargeability separately during FY2021 and FY2022.
@BaniasLaw@USCIS@TravelGov 17/Average time from receipt date for Approving EB 2/3 I-140 petitions and I-485 applications for each of India, China & RoW chargeability separately during FY2021 and FY2022.
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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).
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