Visagate 2015 Update

Visagate Update: FOIA Filed

This blog has been covering #Visagate2015 since its inception. The lawsuit, Mehta v. DOS, requested a Temporary Restraining Order for the purpose of reinstating the original October Visa Bulletin. The revised version made major rollbacks on the filing dates. The November Visa Bulletin retained the filing dates on the categories that suffered the rollbacks through the October revision.

The most recent update is that the American Immigration Council has filed Freedom of Information Act Requests with the Department of State, Department of Homeland Security, and United States Citizenship and Immigration Service. This should help demonstrate why DOS retracted its original visa bulletin and how it did its math. The bulletin is an estimation and attempts not to waste immigrant visas, but the estimations are difficult because the percentage allocations for each category and the moving parts involved. For example, the EB-2 category for India and China has extraordinary backlogs. Approximately 28.7% of employment-based immigrant visas are reserved for EB-2. Then there are per country quotas, plus unused EB-1 immigrant visas that roll into potentially available EB-2 visas.

The American Immigration Council is attempting to uncover the rationale for the changes in the revised bulletin.

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