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The unpredictable pendulum swing in EB3 priority dates during the course of 2005 due to retrogression makes prediction of the date for obtaining a green card impossible and thus causes immigration attorneys and clients alike despair. Unfortunately, it looks very likely that the increasing backlog and unpredictability of retrogression will spread to other EB categories and impact many more countries than China and India (especially because the new 20,000 H-1B1 numbers will put pressure on the EB2 cap when coupled with faster PERM processing). An increase in permanent immigration numbers is necessary to fix the retrogression issue for good. However, permanent immigration is a political hot potato which President Bush may not be willing to take on as part of his forthcoming guestworker initiative. Immigration Daily anticipates that a technical fix will likely take effect in this Congress to mend this problem on a temporary basis. The solution may come in the form of recapturing unused numbers from recent years (the underuse resulted from post-9/11 processing delays). While this is good news and while we expect that the pro-immigration lobbyists will pull off a technical fix this year or next, this is only a temporary fix and postpones the inevitable day of reckoning.

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