2/3/2003
As
reported, this legislation increased each state's waiver application quota
from 20 to 30 "effective 05/31/2002". The U.S. Department of State has
interpreted that this legislation allowed allotment of 10 more numbers for the
FY 2002 which ended on September 30, 2002. Consequently, the State Department
will accept from each state 10 or less numbers from each state until September
30, 2003. The eligible cases are limited to those which were filed and pending
during the FY 2002 which ended on September 30, 2002.
The
states are mandated to select the cases in the order of filing receipt.
Accordingly, the states that have more than 10 cases pending will have to cut
the cases at 10th in the waiting list, while the states that have less than 10
cases pending before the end of the FY 2002 will be allowed to apply for less
than 10 cases.
Practically,
this interpretation limits the eligible cases only to those cases which were
received on or before May 30, 2002 as the states closed applications as of that
date. It is unclear how many surplus cases they had received as at May 30, 2002
in each state. It gives some relief to a few of those IMGs who one time
experienced a frustration for failure to fall within 20 allotments for his or
her state.
For
the FY 2003 program, the State Department also reminds the states that the
application for the states must be postmarked on or before September 30, 2003.
The rule applies for the FY 2002 applications in that the application must be
postmarked on or before September 30, 2003.
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