Starting a new thread to keep the discussion restricted to this topic. Ron, First,I do understand that only immediate relatives of US citizens are not subject to cap but don't you think that under the current statute it is a mistake to count dependents under the employment based category ? The words in bold clearly indicates that the derivatives who don't qualify for application to permanent residency in any category but are derivatives of EB applicants do not belong to the EB preference category. If someone does not qualify for EB preference category how can those persons use the visa numbers under that category ? I do not know the legislative history behind the immigration acts however to me it appears that counting Family Members under employment based category is grossly wrong. I would even go one step further and say that unless the law is changed to explicitly count dependents "A spouse of child defined in subparagraphs (A), (B), (C), (D), or (E) of section 1101(b) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent."