Bu arada CHAT-GPT ye de sordum şimdi bu konuyu, oradaki data modeline göre nedir ne değildir öğrenmek için. İlginç bir bilgi verdi, doğruluğunu avukata sormak lazım. Dediğine göre Other Workers kategorisinin eş ve çocukları, Family Based kotasından düşüyormuş, Employment Based den değil. Bunun doğruluğundan emin olmak içinavukata soracağım yine;
Q1 : What is the reason for not including the family members to 10.000 annual limit for EB3 Other Workers category?
A1 :
The decision to exclude family members from the annual limit for the EB3 Other Workers category is based on the structure of the U.S. immigration system and the allocation of visas for different immigrant categories.
The EB3 category is primarily intended for foreign workers in skilled or unskilled labor positions, and the annual limit (10,000 visas) is set to control the number of workers admitted under this category. By not including family members (spouses and minor children) in the annual limit, the U.S. immigration system aims to ensure that family reunification remains a priority.
This policy recognizes the importance of keeping families together during the immigration process, as family unity is a key principle in U.S. immigration law. By exempting family members from the numerical limit, it allows for a smoother and more humane immigration process, where eligible workers can bring their immediate family with them without adding to the numerical constraints of the employment-based visa categories.
Q2 : What is the annual cap for EB3 Other Workers category?
A2 : As of my last knowledge update in September 2021, the annual cap for the EB3 Other Workers category was 10,000 visas. However, immigration policies and visa quotas can change over time, and it's essential to check the most current information from the U.S. Department of State or the U.S. Citizenship and Immigration Services (USCIS) for the most up-to-date information on visa caps and categories. Please verify the current cap for the EB3 Other Workers category as it may have changed since then.
Q3 : Are family members of workers included in that annual cap?
A3 : No, family members of workers in the EB3 Other Workers category (spouses and minor children) are not included in the annual cap of 10,000 visas. The numerical limit of 10,000 visas is specifically for the principal workers in the EB3 Other Workers category. Exempting family members from the cap ensures that they can accompany or join the principal worker without affecting the availability of visas for workers in this category, promoting family unity in the immigration process.
Q4 : Why? So what quota does family members of unskilled workers fall into?
A4 : Family members of unskilled workers typically fall into the family-sponsored visa categories. These categories are separate from employment-based categories and have their own visa quotas. Immediate family members of U.S. citizens (spouses, unmarried children under 21 years old, and parents, if the U.S. citizen is at least 21 years old) do not have numerical limits and can generally immigrate without waiting for visa availability.
For other family-sponsored categories, such as siblings or married children of U.S. citizens, and spouses and minor children of lawful permanent residents (green card holders), there are numerical limits, and visa availability depends on the specific family preference category and the country of the intending immigrant. These limits are established by the U.S. government to manage the flow of immigrants and prioritize certain family relationships.
It's important to note that family-sponsored and employment-based immigration categories are distinct, and each has its own set of rules and visa quotas. The inclusion or exclusion of family members in annual caps depends on the specific category and family relationship.