04/30/2008: Text of Testimony of State Department Deputy Assistant Secretary of State for Visa Services at House "Wasted Visa" Hearing Today
"Over the past three years, we have a proven record of using over 95 percent of the annual worldwide numerical limit...In the Employment based categories, USCIS currently uses approximately 90 percent of all available visa numbers. While we will always strive to reach our 100% goal of the numbers allocated, increasing our percentage above 95 percent is difficult given that we are statutorily barred from exceeding the annual limits...Since the publication of the April 2008 Visa Bulletin we have received several inquiries about the allocation of Employment-Based Second Preference visa numbers to India and China. I want to make clear that India is not receiving all of the extra numbers. They are also available to China where the applicant’s priority date was earlierthan the posted cut-off date and are also available to applicants in any other country with a current priority date and for which the interview is completed and all required clearances received. These numbers are being made available because current indications are that demand from “all other countries” will not be sufficient to utilize all available Employment Second preference numbers. Such numbers will be made available, as visa numbers are always provided, in priority date order (the date petition to accord immigrant status was filed with USCIS). India does have a larger number of older petitions pending and therefore is likely to receive a larger number of these visa numbers than China. The Department’s policy of making the extra numbers available in priority date order is mandated by Section 203(e) of the INA. This allocation of numbers based on priority date means that China and India Second preference applicants will be subject to exactly the same cut-off date