View Full Version : EB3 -I backlog clearnace forum

06-12-2014, 05:33 PM
Please contribute your comment on this thread all EB3 I in NY NJ CT
lets join hands and make some demonstration at our local places to bring into media attention on hardship face by our category. Look at the dates on via bulletin all others are in 2008, 2009. and 11 we are at 2003???????

06-13-2014, 04:02 PM
I see we have lot of analysis and discussions and sharing of frustration here on IV.
We try to calm each others problem and share our best knowledge for common good of each other.
As strong leadership is required to bring up key issues of priority dates and backlogs.
Please if there is any Attorney here initiate a petition of hardship and interpretation of these Visa # allocation. First come first served and no wastage of Visa #. This will solve many of our problems like EAD renewal fees, transfers of H1, EAD for H4, etc.
Please any one out there who can bring up this issue into USCIS with some strong representations via formal application with all of IV members signatures campaign.

Instead of discussion and analysis and predictions?????

06-13-2014, 05:43 PM
What will attorney do?
How will it help them if you and I get greencard sooner than the long wait times? Can you clarify?

06-13-2014, 05:57 PM
The attorney whom we appoint who want free publicity for making social representation and for mass benefit of this large community of EB backlog.
Instead we giving fees to all these renewals fees we will chip in contribution to common benefit .
Sounds Good and practical????:)

02-09-2015, 11:35 PM
Hello all,

I know there is a lot of frustration on the immigration front on EB3I and EB2I front. I have a solution, I did some reading, it is part of the IV agenda, but unimplemented.

A constitutional challenge to INA 202 (a) (2), on per country visas.

INA 202 (a) (2) is probably colorable legislation and unconstitutional.

The premise of INA 202 (a) (2) rests on diversity of immigration. This was true when INA 202 was enacted, but subsequently with the enactment of Diversity visa, which allocates 50,000 visas every year to ensure diversity. This provision is no longer valid under strict scrutiny, as there is no compelling interest which can only be achieved by this provision in light of Diversity visas.

Indian immigrants and Chinese Immigrants who are here on employment based visas in the EB3 category, this provision results in delays of up to 20 years. For EB2 category, the numbers are six to eight years. If you are not from China or India, you will have a green card in one year or five years in any category, even if you are employed in the same organization at a similar position, with similar qualifications and similar work profile.

So, the Federal law as it stands denies equal protection to the suspect class, i.e., Indian and Chinese immigrants on the basis of national origin, and the compelling state interest of diversity can be achieved using diversity visas.

Now, what I will need for this initiative is:
a) a set of people affected by this, i.e. EB3 immigrants who can form a class;
b) the same set of people, creating an organization and become members of the same;
c) lots of inputs and data analysis, i.e., proof for the legal challenge.

Now, the challenge, needs a set of people, who have a squeaky clean immigration record. As they may be plaintiffs in the suit.

The second option is to use the legal organization and file on behalf of the class. There is a constitutional provision, where we can use a legal organization as the entity representing a class, where there will be imminent harm done to the individual members if they sue directly. It was held by the Supreme Court that doctors had standing to sue on behalf of patients, such as women on abortion, where directly suing might have bad consequences of the members of the class, thereby permitting action by others.

The end result of this exercise, in my considered opinion, will be INA 202 will be declared unconstitutional. Period. The probability of success on this is really really high, if we get our act right. So, there will be no per country quotas.

So all EB2 and EB3 members from countries, who are severely, backlogged please reply to this thread. I don't know if it is permitted to talk of a member of a class here, and please offer your support in terms of evidence collection and possibility of being plaintiffs.

Money isn't a problem. Attorneys fees aren't a problem. The attorneys handling the case will not be immigration lawyers, so they don't care if the other non-backlogged country clients will not flock to them. Publicity while welcome, isn't the reason for this action.

There is a good chance this will work folks! Please feel free to post logical rebuttals.

Let me state this; discrimination on national origin in the US even for non-citizens is prohibited in accordance with supreme court case law.

Immigration may be a privilege, but that does not permit, legislation which is unconstitutional. Neither can you discriminate between an Indian and national of xyz on employment even for immigration! The statute is unconstitutional period. Constitution is supreme, even, if there is legislation, which states otherwise. There is no higher law in the US.

The worst that will happen, is the suit is dismissed or take six to seven years to go all the way to the supreme court. We need to start this process soon folks. Also, the attorney general might take a considered view after we file this, which might be surprising and a pleasant surprise to EB2 and EB3 folks! It might end very quickly as well!

The only relief we will seek is to have the per country limits unconstitutional and no longer applicable. A second prayer to use the unused numbers of previous years to correct the issues created by this unconstitutional effect will also be plead on grounds of equity.

We will also, highlight the effect of this action, i.e., reduction in wage suppression and increased employee mobility etc.