Bills, Rules & Politics

[srimurthy]

Status-quo is continuing. No surprises - positive or otherwise.


Has any one read these:
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201710&RIN=1615-AC15

USCIS Rule Making agendas for 2018
Rescission of International Entrepreneur Rule
Removing H-4 EAD Rule
H-1B Program and Processing Reform Rules:
Heightened Screening and Vetting of Immigration Programs Regulations.
EB-5 Rule Reform

Any thoughts of these becoming rules and how long it may take?

[EB3Iwaiting]

Has any one read these:
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201710&RIN=1615-AC15

USCIS Rule Making agendas for 2018
Rescission of International Entrepreneur Rule
Removing H-4 EAD Rule
H-1B Program and Processing Reform Rules:
Heightened Screening and Vetting of Immigration Programs Regulations.
EB-5 Rule Reform

Any thoughts of these becoming rules and how long it may take?

Systematic purge has started. The anti-immigrants have been waiting a long time for this opportunity. Now that they finally have the policy making positions in this administration, they are wasting no time. All the desis who were rejoicing when Trump came to power thinking he will kick out the undocumented (primary reason for hating HRC) and help the high skilled legal people get a shot of reality.

[iatiam]

Systematic purge has started. The anti-immigrants have been waiting a long time for this opportunity. Now that they finally have the policy making positions in this administration, they are wasting no time. All the desis who were rejoicing when Trump came to power thinking he will kick out the undocumented (primary reason for hating HRC) and help the high skilled legal people get a shot of reality.

I would argue that a lot of these are actually needed and should have been implemented long ago. H1B is a visa that's been long abused by the likes of Indian outsourcing companies and the so-called Desi consultants. Back in 2005 before the introduction of PERM, everyone was buying the pre-adjucated PERMS and significantly expediting the GC process if you were with these Desi consultants. Most of my friends went right to these companies and managed to get GCs in no time. Those of us who played it nice, got full-time jobs had to suffer through the backlog.

And I don't even need to talk about EB1C abuse. I personally know of at least six cases of whom none was really eligible for a multi-national manager position. One guy was working in a grocery shop making 35,000 dollars per year and managed to get a GC in less than an year.

Let's not turn this in to a political issue.

[immigration-winter]

While it is irrefutable that Indian outsourcing companies are abusing the H-1B system by paying employees at least 20-30 % below market rates, I would argue that one of the main indirect beneficiaries are American Fortune 500 Corporations who would rather save a pretty by contracting to the outsourcers than pay people fair market wages. Without the massive multi-million dollar contracts these Fortune 500 corporations provide, the Indian outsourcers would be out of business in no time. Too bad the whole system is flawed.

[HarepathekaIntezar]

And I don't even need to talk about EB1C abuse. I personally know of at least six cases of whom none was really eligible for a multi-national manager position. One guy was working in a grocery shop making 35,000 dollars per year and managed to get a GC in less than an year.

Can you detail how this person got into the EB1C que? Maybe you know more than any of us on this forum.

[iatiam]

Can you detail how this person got into the EB1C que? Maybe you know more than any of us on this forum.

The owner of the grocery shop has another shop in India where he worked for an year and that made him eligible for L1A.

[HarepathekaIntezar]

The owner of the grocery shop has another shop in India where he worked for an year and that made him eligible for L1A.

That sounds way out of the realm of possibility bro. I am not aware Desi grocers are that well organized or incorporated suitably to be able to take advantage (abuse as you would put it) of the L1 Visa regulations and the EB1C regulations!!

[iatiam]

That sounds way out of the realm of possibility bro. I am not aware Desi grocers are that well organized or incorporated suitably to be able to take advantage (abuse as you would put it) of the L1 Visa regulations and the EB1C regulations!!

Feel free to believe/disbelieve this story. I don't have any problem with that. Also, like I mentioned, there are several other cases where I know first hand that the system has been stretched beyond it's limits. Here is another example, a friend of mine who has a diploma in engineering and he worked in a factory in India. He was transferred to the US and he moved here with his wife and two kids and was paid 35,000 dollars an year. They filed for GC and he got in less than an year. There are no wage restrictions on EB1C and that works in their favor.

Want more, here goes.

Those of who do not have the "luxury" of working for India based companies are resorting to apply for O1 visa nowadays. Again, I personally know of at least three cases where the applicants were I would call run-of-mill US graduate. Masters degree from a US university but managed to convince USCIS that they have extra ordinary ability. I wasn't surprised when Grassley contacted USCIS about misuse of O1 visa.

https://www.grassley.senate.gov/news/news-releases/grassley-raises-concerns-over-dramatic-rise-specialty-visa-applications

[rock581]

Feel free to believe/disbelieve this story. I don't have any problem with that. Also, like I mentioned, there are several other cases where I know first hand that the system has been stretched beyond it's limits. Here is another example, a friend of mine who has a diploma in engineering and he worked in a factory in India. He was transferred to the US and he moved here with his wife and two kids and was paid 35,000 dollars an year. They filed for GC and he got in less than an year. There are no wage restrictions on EB1C and that works in their favor.

Want more, here goes.

Those of who do not have the "luxury" of working for India based companies are resorting to apply for O1 visa nowadays. Again, I personally know of at least three cases where the applicants were I would call run-of-mill US graduate. Masters degree from a US university but managed to convince USCIS that they have extra ordinary ability. I wasn't surprised when Grassley contacted USCIS about misuse of O1 visa.

https://www.grassley.senate.gov/news/news-releases/grassley-raises-concerns-over-dramatic-rise-specialty-visa-applications

Historically, India and Indians had one problem. They fight among themselves.

Case in point: Have you ever heard of even 1 Hispanic opposing the undocumented. Trump is not even touching them because they are united. Trump is attacking us because he knows these guys wont oppose anything they will fight amongst themselves.

[iatiam]

Historically, India and Indians had one problem. They fight among themselves.

Case in point: Have you ever heard of even 1 Hispanic opposing the undocumented. Trump is not even touching them because they are united. Trump is attacking us because he knows these guys wont oppose anything they will fight amongst themselves.
We are also the first to abuse the system. Case in point - Desi consultants, fake resumes and fake multinational managers.

[murali83]

Historically, India and Indians had one problem. They fight among themselves.

Case in point: Have you ever heard of even 1 Hispanic opposing the undocumented. Trump is not even touching them because they are united. Trump is attacking us because he knows these guys wont oppose anything they will fight amongst themselves.

Who said he is not touching illegals. He is lobbying really hard for everify. Everify will single handedly force most illegals to self deport.

32% latinos voted for trump , surely not a sign of a united voting bloc

[rock581]

We are also the first to abuse the system. Case in point - Desi consultants, fake resumes and fake multinational managers.

Exactly my point. No Latino ever says we jump the borders.

[rock581]

Who said he is not touching illegals. He is lobbying really hard for everify. Everify will single handedly force most illegals to self deport.



Well, most of the undocumented work on cash basis, eVerify would hardly matter. Even if it is true have you seen eVerify made mandatory. With DACA too, Trump has given a grace period of 6 months and is willing to extend it if Senate/House don't act. Do you see Trump giving any grace period to us?




32% latinos voted for trump , surely not a sign of a united voting bloc

True. Most of them would flee next time if he touches the undocumented or Dreamers.

Point is he has done nothing to harm the undocumented as a bloc although that was his big promise.

[murali83]

Well, most of the undocumented work on cash basis, eVerify would hardly matter. Even if it is true have you seen eVerify made mandatory. With DACA too, Trump has given a grace period of 6 months and is willing to extend it if Senate/House don't act. Do you see Trump giving any grace period to us?




True. Most of them would flee next time if he touches the undocumented or Dreamers.

Point is he has done nothing to harm the undocumented as a bloc although that was his big promise.

That 32% will not move an inch against him. During campaign, he talked about removing daca day1, stripping citizenship from anchor babies. Still they voted for him. Giving them grace period is huge. No way they will desert him. Those 32% are citizens who are traditional gop voters and will keep voting gop even if it is trump

[srimurthy]

He was transferred to the US and he moved here with his wife and two kids and was paid 35,000 dollars an year. They filed for GC and he got in less than an year. There are no wage restrictions on EB1C and that works in their favor.

https://www.grassley.senate.gov/news/news-releases/grassley-raises-concerns-over-dramatic-rise-specialty-visa-applications

Surprising the EB1 is a very high skilled and nationally / internationally acclaimed or recognized person and they still being paid 35K did not trigger a red flag while getting approved.

[iatiam]

Surprising the EB1 is a very high skilled and nationally / internationally acclaimed or recognized person and they still being paid 35K did not trigger a red flag while getting approved.

This guy is a friend of mine and in a conversation he confided this to me. EB1C does not have any wage restrictions and so it does not matter. So if they are not checking the wage, it should not be a problem.

[immigration-winter]

Not sure if anyone has heard about this, but in yesterday's Immigration Voice public call, it was mentioned that based on insider information, the administration is planning to block H-1B extensions beyond 6 years by re-interpreting certain existing rules.

In my opinion, 2 things give credence to this piece of information :
1. It turns out they were right about the H4-EAD repeal for about a year now based on insider information. Them getting involved in the lawsuit filed by Save Jobs USA forced the administration to avoid an early settlement and delay the H4-EAD rescission. All of this was confirmed by Leon who was working behind the scenes for H4-EAD.
2. Leon Fresco (https://www.hklaw.com/leon-fresco/) who is a Washington insider with deep connections in the Immigration world was present in the call and currently advises Immigration Voice. Leon was the individual who scored the first victory against the H4-EAD challenge when he was representing the Goverment during the Obama administration.

Possibly, a instrument to get such things in would be the proposed rule "Strengthening the H-1B Nonimmigrant Visa Classification Program" (https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201710&RIN=1615-AC13).

If anyone want to listen to the details of yesterday's call, it is available on Sound Cloud. https://soundcloud.com/immivoice

I want to add a caveat that there is no public source of information to back this up but I personally believe this to be very likely.

[suninphx]

Hi Spec,

There seems to be lot of stir around DHS may be planning to revoke AC-21. (This discussion started with *** conference call over the weekend.). My understanding is AC21 is a law and can't be revoked by DHS just by rule making. So I wanted to know your take on this?

(Obviously, this is not urgent at all...if you get time after holidays and feel like replying to this...please do so.)

Thanks.

[Jonty Rhodes]

Hi Spec,

There seems to be lot of stir around DHS may be planning to revoke AC-21. (This discussion started with *** conference call over the weekend.). My understanding is AC21 is a law and can't be revoked by DHS just by rule making. So I wanted to know your take on this?

(Obviously, this is not urgent at all...if you get time after holidays and feel like replying to this...please do so.)

Thanks.

I read that too in the email from ** this morning. I didn't know how they came up with that when no other immigration forums or website has talked about it. I think they are just fear mongering. I don't know what they really want to achieve but people are understandably panicking on trackitt. Could this be really true? If true, who does it impact? I am a physician (Internal Medicine) with a Masters in Public Health from US university. My PD is EB2I May, 2011. I am on H1B and has never been current to file I-485 and don't have EAD or AP. Had H1B in 2007-2010 where I was trained in Internal Medicine. Since training hospitals don't file for green card, I took up a job in 2010 after my residency and my hospital filed my green card in 2011 and have approved I-140. I am still on H1B since 2010 and had my 3rd extension approved and stamped in 2016 and valid till 2019. Would that impact me or is it only for new H1B filings?

[srimurthy]

Not sure if anyone has heard about this, but in yesterday's Immigration Voice public call, it was mentioned that based on insider information, the administration is planning to block H-1B extensions beyond 6 years by re-interpreting certain existing rules.

In my opinion, 2 things give credence to this piece of information :
1. It turns out they were right about the H4-EAD repeal for about a year now based on insider information. Them getting involved in the lawsuit filed by Save Jobs USA forced the administration to avoid an early settlement and delay the H4-EAD rescission. All of this was confirmed by Leon who was working behind the scenes for H4-EAD.
2. Leon Fresco (https://www.hklaw.com/leon-fresco/) who is a Washington insider with deep connections in the Immigration world was present in the call and currently advises Immigration Voice. Leon was the individual who scored the first victory against the H4-EAD challenge when he was representing the Goverment during the Obama administration.

Possibly, a instrument to get such things in would be the proposed rule "Strengthening the H-1B Nonimmigrant Visa Classification Program" (https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201710&RIN=1615-AC13).

If anyone want to listen to the details of yesterday's call, it is available on Sound Cloud. https://soundcloud.com/immivoice

I want to add a caveat that there is no public source of information to back this up but I personally believe this to be very likely.

WOW... this is only going to impact the backlogged countries, that is India and China (to some extent), but I guess finally at some point there won't be any backlogs after everyone goes back.
Looks like 2018 is going to be very interesting in the rule making process.

[qesehmk]

None of these actions should surprise Indians. Trump is just a small piece of the bigger movement that Bannon is leading. Bannon is anti globalist and there is a huge movement behind him that is bent upon making US more and more protectionist.

I am not a fan of **. But you must understand they are the only ones who are doing something / anything. To be honest what they are doing is absolutely inconsequential. They should have focused on suing US government / USCIS for discrimination based on nationality.

Enough said ...

[tatikonda]

I read that too in the email from ** this morning. I didn't know how they came up with that when no other immigration forums or website has talked about it. I think they are just fear mongering. I don't know what they really want to achieve but people are understandably panicking on trackitt. Could this be really true? If true, who does it impact? I am a physician (Internal Medicine) with a Masters in Public Health from US university. My PD is EB2I May, 2011. I am on H1B and has never been current to file I-485 and don't have EAD or AP. Had H1B in 2007-2010 where I was trained in Internal Medicine. Since training hospitals don't file for green card, I took up a job in 2010 after my residency and my hospital filed my green card in 2011 and have approved I-140. I am still on H1B since 2010 and had my 3rd extension approved and stamped in 2016 and valid till 2019. Would that impact me or is it only for new H1B filings?

Jonty, I am surprised to know that physician are filing under EB2. I always thought doctors are in EB1 Category. my cousin got GC in 2 years after his residency.
Are you saying that doctors are also in same boat as IT folks ? My cousin completed his Ph.D in 2015 and filed in EB2 then but now converting it to EB1.

[Jonty Rhodes]

Jonty, I am surprised to know that physician are filing under EB2. I always thought doctors are in EB1 Category. my cousin got GC in 2 years after his residency.
Are you saying that doctors are also in same boat as IT folks ? My cousin completed his Ph.D in 2015 and filed in EB2 then but now converting it to EB1.

Not everyone can file under EB1. I matched into a community residency program and didn't have any opportunity for research or publications. So I couldn't file for EB1. There are thousands of physicians like me who are on H1B for the same reason. We can't control where we match since it is a software that matches the program with the interviewed candidates. You can read about NRMP residency matching program. Your cousin must had lot of publications or may have done subspecialty or may have done residency from a University program and not a community program. I had interviews from University programs but I ended up matching in a community program hence EB2. I have a colleague of mine who is also in EB2 just like me. There are many more physicians like me. I know some PhDs who are also under EB2. Not all of them can covert to EB2. A friend of mine is an Oncologist. Guess what - stuck on EB2. Another one, Pediatric Intensivist, Infectious Disease Specialist, Nephrologist, Psychiatrist, Pulmonary/Critical Care specialist, Gatroenterologist, Cardiologist. All of them are my classmates - stuck on EB2. It's unfortunate but true.


I recently accepted a position of Chief Medical Information Officer for my hospital. So there is no problem with career growth itself but you still can't upgrade to EB1A unless you have lots of publications or EB1B unless you are in academic setting with publications as a professor. If you are working in a community hospital setting, you can't do anything.

[Airbender]

Not everyone can file under EB1. I matched into a community residency program and didn't have any opportunity for research or publications. So I couldn't file for EB1. There are thousands of physicians like me who are on H1B for the same reason. We can't control where we match since it is a software that matches the program with the interviewed candidates. You can read about NRMP residency matching program. Your cousin must had lot of publications or may have done subspecialty or may have done residency from a University program and not a community program. I had interviews from University programs but I ended up matching in a community program hence EB2. I have a colleague of mine who is also in EB2 just like me. There are many more physicians like me. I know some PhDs who are also under EB2. Not all of them can covert to EB2. A friend of mine is an Oncologist. Guess what - stuck on EB2. Another one, Pediatric Intensivist, Infectious Disease Specialist, Nephrologist, Psychiatrist, Pulmonary/Critical Care specialist, Gatroenterologist, Cardiologist. All of them are my classmates - stuck on EB2. It's unfortunate but true.


I recently accepted a position of Chief Medical Information Officer for my hospital. So there is no problem with career growth itself but you still can't upgrade to EB1A unless you have lots of publications or EB1B unless you are in academic setting with publications as a professor. If you are working in a community hospital setting, you can't do anything.

+1

I have a PhD, currently working with a Fortune top 3 company. I don't have significant number of publications as I didn't spent too much time in academics. I have been on H1b for last 10+ years with PD of July2009. Due to some awfully bad luck never got a chance to file for EAD. With current political climate , now I am thinking of liquidating stock equity and apply for EB5. Anybody else here working on EB5 filling ?

[Immigo]

+1

I have a PhD, currently working with a Fortune top 3 company. I don't have significant number of publications as I didn't spent too much time in academics. I have been on H1b for last 10+ years with PD of July2009. Due to some awfully bad luck never got a chance to file for EAD. With current political climate , now I am thinking of liquidating stock equity and apply for EB5. Anybody else here working on EB5 filling ?

Be wary of applying via the EB5 program. I-526 applications are taking on an average around 16 months for approval. If you decide to use regional center - there is a lot of fraud where you can lose all of your investments and end up without a green card at the end. Additionally, in general regional centers have a fee north of 50K USD in addition to lawyers fee, which is close to 20K USD (Sample fee for your reference: https://www.hooyou.com/eb-5/fee.html ). There are other things to consider:

1) Even after I-526 is approved you will only end up with a conditional GC valid for 2 years. The conditions will be removed if you / regional center create 10 jobs (hence if there is fraud, you will be impacted). By the time you get your permanent GC, you are easily looking at close to 4-5 years (16 months for I-526 + 2 years conditional GC + I-824 to remove conditions - This is assuming no RFEs).

2) Considering you have a priority date of 2009, you may want to consult a lawyer regarding what happens if your date gets current while you are on a conditional GC i.e. can you apply for a permanent GC while on conditional GC ? Perhaps, someone on this forum can clarify

3) Having seen how H1B / EB2-I / EB3-I has played out in the past, I am circumspect that the goal post will be changed while you are in the EB-5 process (its worth keeping this risk while evaluating).

Good luck whatever route you choose!

[Jonty Rhodes]

Be wary of applying via the EB5 program. I-526 applications are taking on an average around 16 months for approval. If you decide to use regional center - there is a lot of fraud where you can lose all of your investments and end up without a green card at the end. Additionally, in general regional centers have a fee north of 50K USD in addition to lawyers fee, which is close to 20K USD (Sample fee for your reference: https://www.hooyou.com/eb-5/fee.html ). There are other things to consider:

1) Even after I-526 is approved you will only end up with a conditional GC valid for 2 years. The conditions will be removed if you / regional center create 10 jobs (hence if there is fraud, you will be impacted). By the time you get your permanent GC, you are easily looking at close to 4-5 years (16 months for I-526 + 2 years conditional GC + I-824 to remove conditions - This is assuming no RFEs).

2) Considering you have a priority date of 2009, you may want to consult a lawyer regarding what happens if your date gets current while you are on a conditional GC i.e. can you apply for a permanent GC while on conditional GC ? Perhaps, someone on this forum can clarify

3) Having seen how H1B / EB2-I / EB3-I has played out in the past, I am circumspect that the goal post will be changed while you are in the EB-5 process (its worth keeping this risk while evaluating).

Good luck whatever route you choose!

I second this. I explored the option of EB-5 Visa this year through a lawyer and found exactly the same thing that’s mentioned in your post. I won’t be able to get my GC till 2022-23 via EB-5. It would be the last resort for me if nothing works out. It’s not worth risking your life savings for this if it is going to take 4-5 years minimum to get GC unless there is no other way. Plus you are looking at $50,000-75,000 of administrative fees on top of your investments. I would only use it if that is the only option left.

[vyruss]

I second this. I explored the option of EB-5 Visa this year through a lawyer and found exactly the same thing that’s mentioned in your post. I won’t be able to get my GC till 2022-23 via EB-5. It would be the last resort for me if nothing works out. It’s not worth risking your life savings for this if it is going to take 4-5 years minimum to get GC unless there is no other way. Plus you are looking at $50,000-75,000 of administrative fees on top of your investments. I would only use it if that is the only option left.

Someone recently mentioned the option of O-1 visa and then an EB1. I have not done much research into this but may apply to physicians.

[Airbender]

I second this. I explored the option of EB-5 Visa this year through a lawyer and found exactly the same thing that’s mentioned in your post. I won’t be able to get my GC till 2022-23 via EB-5. It would be the last resort for me if nothing works out. It’s not worth risking your life savings for this if it is going to take 4-5 years minimum to get GC unless there is no other way. Plus you are looking at $50,000-75,000 of administrative fees on top of your investments. I would only use it if that is the only option left.

Thanks Jonty and Immigo for valuable advice and caution on fraud. I am too considering EB5 as the last resort.

[Jonty Rhodes]

Someone recently mentioned the option of O-1 visa and then an EB1. I have not done much research into this but may apply to physicians.

Yes, I have read about it. That would be another option if H1B extension beyond 6 years is terminated. But again when it comes to filing EB1, there is a same problem. Lack of publications or research. If one can't qualify for EB1 then it doesn't matter whether they are on H1B or O1 or J1 visa.

EB1A and EB1B have too stringent criteria compared to the lax criteria of EB1C. Unfortunately as a physician, we will never qualify for EB1C since my hospital would not have another branch in a home country. Even if I work for Mayo Clinic or Cleveland Clinic which are the topmost medical institutes in the world, I still can't qualify for EB1C because they have branches in Dubai and Abudhabi and not India so home country requirement doesn't get fulfilled there.

That is the most frustrating part.

[qesehmk]

Hi Jonty - I am not 100% sure but quite confident that home country doesn't mean country of birth. It just means a country where you were employed before your EB1C application in US.


Yes, I have read about it. That would be another option if H1B extension beyond 6 years is terminated. But again when it comes to filing EB1, there is a same problem. Lack of publications or research. If one can't qualify for EB1 then it doesn't matter whether they are on H1B or O1 or J1 visa.

EB1A and EB1B have too stringent criteria compared to the lax criteria of EB1C. Unfortunately as a physician, we will never qualify for EB1C since my hospital would not have another branch in a home country. Even if I work for Mayo Clinic or Cleveland Clinic which are the topmost medical institutes in the world, I still can't qualify for EB1C because they have branches in Dubai and Abudhabi and not India so home country requirement doesn't get fulfilled there.

That is the most frustrating part.

[abcx13]

https://www.wsj.com/articles/house-lawmakers-unite-on-outsourcing-bill-in-rare-show-of-bipartisanship-1514379600

[abcx13]

http://www.mcclatchydc.com/news/politics-government/white-house/article192336839.html

McClatchy reports that DHS is weighing ending H1-B extensions as I V suggested.

[immigration-winter]

Thanks for all this info and your opinion on these 2 organizations, SIIA and IV. I completely agree with your previous assessment of IV where you stated "I am not a fan of Imm**** Vo***. They are nasty, quarrelsome and has a holier than thou attitude. But at least they are singularly focussed on removing per country caps which will solve the problem. "

While the IV folks are rough and hostile to newcomers honestly speaking, I think they are the only ones genuinely pushing for HR392 which would solve the problem and institute a "first come first serve" policy which clearly seems very fair.

[LongQue]

I have been a silent reader of this blog for some time now and I really appreciate the informative discussions (and the politeness of people) in this forum. I have a question. Assuming (and a BIG assumption here) that somehow, HR 392 is passed and becomes a law, how would it help people who will be impacted by the rumored AC-21 changes? I don't understand the rationale of a big push for HR 392 (as much as I want it to be a law) because AC21 might be re-interpreted/changed by the administration.

[qesehmk]

LongQue - welcome.

HR392 will cancel the per country caps. AC21 allows extension of H1Bs, job portability and other things.

HR392 will create the need for H1B extension universal because HR392 will eventually make green card wait times common across all countries. So then the congress will have to make laws that decide what to do with backlogs. Do they let them build up and allow continued extension of H1Bs? or do they not allow continuation of H1Bs and disrupt the employment.

Sometimes I feel that the rumoured AC-21 change is a ploy to create urgency around HR392. Because if tech companies suddenly lose the workforce then they might be ok to stop the current indentured labor that H1 is an let these folks get Green cards via HR392. (Disclaimer: Pure speculation on my part. )


I have been a silent reader of this blog for some time now and I really appreciate the informative discussions (and the politeness of people) in this forum. I have a question. Assuming (and a BIG assumption here) that somehow, HR 392 is passed and becomes a law, how would it help people who will be impacted by the rumored AC-21 changes? I don't understand the rationale of a big push for HR 392 (as much as I want it to be a law) because AC21 might be re-interpreted/changed by the administration.

[LongQue]

LongQue - welcome.

HR392 will cancel the per country caps. AC21 allows extension of H1Bs, job portability and other things.

HR392 will create the need for H1B extension universal because HR392 will eventually make green card wait times common across all countries. So then the congress will have to make laws that decide what to do with backlogs. Do they let them build up and allow continued extension of H1Bs? or do they not allow continuation of H1Bs and disrupt the employment.

Sometimes I feel that the rumoured AC-21 change is a ploy to create urgency around HR392. Because if tech companies suddenly lose the workforce then they might be ok to stop the current indentured labor that H1 is an let these folks get Green cards via HR392. (Disclaimer: Pure speculation on my part. )

Thank you!. I feel the same way about the rumors floating around (and the convenient timing). At this stage, with DACA, The Wall, and Chain immigration taking up all the airspace, I don't think there is any appetite for the administration to fix Legal immigration (other than the token support for RAISE act, which doesn't appear to go anywhere in the immediate future). Unless there is some behind-the-doors deal that has not been leaked yet, we might not get any relief.

[nagendra75]

LongQue - welcome.

HR392 will cancel the per country caps. AC21 allows extension of H1Bs, job portability and other things.

HR392 will create the need for H1B extension universal because HR392 will eventually make green card wait times common across all countries. So then the congress will have to make laws that decide what to do with backlogs. Do they let them build up and allow continued extension of H1Bs? or do they not allow continuation of H1Bs and disrupt the employment.

Sometimes I feel that the rumoured AC-21 change is a ploy to create urgency around HR392. Because if tech companies suddenly lose the workforce then they might be ok to stop the current indentured labor that H1 is an let these folks get Green cards via HR392. (Disclaimer: Pure speculation on my part. )

How much I wish this speculation becomes reality!!!


Nagendra, no need to apologize. It isn't your fault. Unfortunately, SIIA group seems to have a lot more online presence and strength versus a few hundred volunteers for IV. So the real choice is between several thousand fools versus a bunch of dedicated people. If you notice, the advocacy event does not talk about the agenda at all. So the idea is "sign up for this and we will eventually figure it out" does not work in a sensitive and toxic environment. With an administration hostile to immigration, a single misstep will backfire and undo several years of work done on the ground. Tweeting to Sushma Swaraj and Modi can be dismissed as foolishness. But online stalking of Sessions and speaker Ryan are suicidal.

For those of us who have been around for long will realize that HR 3012 passed house overwhelmingly but got stuck in senate because of holds put by Sessions and Grassley. These people are still around and one of them is in a more powerful position.

Now if you want to be part of the efforts, go to IV website and join the state and local chapters. I was actively involved but quit because I couldn't take their attitude any more. But people's tolerance levels vary (mine is very low) and I think the bill is at a crucial step and could use all the help in the world. Good luck to all

Iatiam

Thank you Iatiam. Glimmers of hope gets me excited. :-) I will register for IV and see how I can help. Thank you for your perspective!

[gcq]

http://www.mcclatchydc.com/news/politics-government/white-house/article193665104.html

WASHINGTON Under intense pressure from the business and technology communities, the Trump administration appears to be backing away from a policy change that could have forced foreign tech workers out of the country.

[EB3Iwaiting]

If US respects the One China policy, why is Taiwan given separate Green Cards?

[qesehmk]

If US can give Taiwan Arms ... then US can sure give Green Cards to Taiwan.

That doesn't sound very much like US respects One China policy.


If US respects the One China policy, why is Taiwan given separate Green Cards?

[Spectator]

If US respects the One China policy, why is Taiwan given separate Green Cards?
If you want to understand why, I suggest that the wikipedia articles on One-China policy (https://en.wikipedia.org/wiki/One-China_policy), the Taiwan Relations Act (https://en.wikipedia.org/wiki/Taiwan_Relations_Act) of 1979 and the Six Assurances (https://en.wikipedia.org/wiki/Six_Assurances) might give you a background to the situation.

[EB3Iwaiting]

If you want to understand why, I suggest that the wikipedia articles on One-China policy (https://en.wikipedia.org/wiki/One-China_policy), the Taiwan Relations Act (https://en.wikipedia.org/wiki/Taiwan_Relations_Act) of 1979 and the Six Assurances (https://en.wikipedia.org/wiki/Six_Assurances) might give you a background to the situation.

Thanks Spec. That is some good reading.

[iatiam]

Senator Tom Cotton has acknowledged the dire state of EB Immigrant visas pending during an MSNBC interview. It would a right on our part to send a note of thanks as he is a trusted advisor on Immigration policy along with Stephen Miller. He can be reached on his website for comments.

https://www.theblaze.com/news/2018/01/14/sen-tom-cotton-durbin-is-lying-about-what-trump-said

Please don't do this. Neither are the friends of legal immigrants. The way they will reduce backlogs is by removing people from the backlog and not giving GCs.

If you have a bug issue in your house, call an exterminator nor an arsonist. The latter will burn down the house to get rid of the bugs as well as the house.

This is a backdoor way to introduce and pass the RAISE act which will turn the system upside down. None of the people who have waited decades for GC will be ineligible because of age restrictions.

Iatiam

[rock581]

Please don't do this. Neither are the friends of legal immigrants. The way they will reduce backlogs is by removing people from the backlog and not giving GCs.

If you have a bug issue in your house, call an exterminator nor an arsonist. The latter will burn down the house to get rid of the bugs as well as the house.

This is a backdoor way to introduce and pass the RAISE act which will turn the system upside down. None of the people who have waited decades for GC will be ineligible because of age restrictions.

Iatiam

Aptly put Iatiam. We, as immigrants, fall prey to false sympathies by various players especially the lawyers and the corporations. Everyone has their own agenda's, lawyers and corporations, through backlog exploit us. There is only one solution HR392. Anyone else telling or hinting otherwise is lying to you through the teeth.

[imdeng]

Wait - I thought that was sarcasm! "trusted advisor on Immigration Policy" indeed!! Ha Ha Ha.


Please don't do this. Neither are the friends of legal immigrants. The way they will reduce backlogs is by removing people from the backlog and not giving GCs.

If you have a bug issue in your house, call an exterminator nor an arsonist. The latter will burn down the house to get rid of the bugs as well as the house.

This is a backdoor way to introduce and pass the RAISE act which will turn the system upside down. None of the people who have waited decades for GC will be ineligible because of age restrictions.

Iatiam

[GCdreamz]

Hate to say this but Immigration Hardliners Senators like Tom Cotton should be contacted to expose the EB1 misuse and USCIS new chief on diverting EB3 visas to EB1.

[altek001]

Please don't do this. Neither are the friends of legal immigrants. The way they will reduce backlogs is by removing people from the backlog and not giving GCs.

If you have a bug issue in your house, call an exterminator nor an arsonist. The latter will burn down the house to get rid of the bugs as well as the house.

This is a backdoor way to introduce and pass the RAISE act which will turn the system upside down. None of the people who have waited decades for GC will be ineligible because of age restrictions.

Iatiam

Iatiam,
DACA is being heard in media as there are folks protesting on the streets. If you are asking this group to keep mum on EB India backlog issue, then we are bound to be in this tragic state for the next 5 to 6 years.

Once the DACA is protected with the shut down resolution passed this week, the EB backlogs is to be everlasting. We need to change this, and get a momentum by doing something. Any suggestions?

[altek001]

Hate to say this but Immigration Hardliners Senators like Tom Cotton should be contacted to expose the EB1 misuse and USCIS new chief on diverting EB3 visas to EB1.

I agree. Even Chuck grassley should know as he is well aware of the fraud by Indian IT giants. Only when the EB1C fraud is detected by the legislators, (as they are aware of h1b today), we can expect significant spillover to EB2 and EB3

[iatiam]

Iatiam,
DACA is being heard in media as there are folks protesting on the streets. If you are asking this group to keep mum on EB India backlog issue, then we are bound to be in this tragic state for the next 5 to 6 years.

Once the DACA is protected with the shut down resolution passed this week, the EB backlogs is to be everlasting. We need to change this, and get a momentum by doing something. Any suggestions?

HR 392 is the only solution. It doesn't really solve the issue, but spreads it such that it becomes everyone's problem instead of India's issue. Nothing else will work because it will add GC numbers which is never going to happen

[altek001]

HR 392 is the only solution. It doesn't really solve the issue, but spreads it such that it becomes everyone's problem instead of India's issue. Nothing else will work because it will add GC numbers which is never going to happen

What is the current state of HR392? Its been 8 months that it was introduced by Kevin Yoder.

[delguy]

What is the current state of HR392? Its been 8 months that it was introduced by Kevin Yoder.

This seems to be a rhetorical question. However, HR 392 is the only bill that has some chance of success even though remote. There is no other bill for EB folks that comes even close. If it is doomed, forget about any relief other than as part if CIR whenever that happens.

[rock581]

What is the current state of HR392? Its been 8 months that it was introduced by Kevin Yoder.

First it was introduced by Jason Chaffetz and when he retired Kevin Yoder emerged as the main sponsor.

Things don't happen because folks in Washington think we are geniuses and need to be given greencards. On the contrary we are seen as job snatchers and need to be shown the door. On the other side, companies don't want HR392 to happen as they will lose their bonded employees. The companies publicly say that they support HR392 but behind closed doors heavily oppose HR392.

HR392 can and will happen when folks like you and me rise up and talk to our Senators/congressman/congresswoman about the issues and urge them to pass HR392. Otherwise, it is destined for failure.

[tatikonda]

What is the current state of HR392? Its been 8 months that it was introduced by Kevin Yoder.

Last I heard from Congressman Yoder's office is they want to attach this to DACA Bill, so this is the critical time to call your congressman and just say thanks for supporting bill or ask them the status of the bill.

*Senators List to call*
1.JohnCornyn - TX
☎:202-224-2934

2.Thomas Tillis - NC
☎:202-224-6342

3.Tom Cotton - AR
☎:202-224-2353

4.Jeff Flake - AZ
☎:202-224-4521

5.Cory Gardner - CO
☎:202-224-5941

6.Lindsey Graham - SC
☎202-224-5972

7.James Lankford - OK
☎:202-224-5754

8.David Perdue - GA
☎:202-224-3521

9.Michael Bennet - CO
☎:202-224-5852

10. Orrin Hatch - UT
☎:202-224-5251


*Representative's List to call*
1.Michael T.McCaulTX10
☎:202-225-2401

2.Mario Diaz-BalartFL25
☎:202-225-4211

3.KevinMcCarthy CA23
☎:202-225-2915

4.Bob Goodlatte VA06
☎:202-225-3951
☎:202-225-5431

5.Raul Labrador ID01
☎:202-225-6611

[altek001]

Last I heard from Congressman Yoder's office is they want to attach this to DACA Bill, so this is the critical time to call your congressman and just say thanks for supporting bill or ask them the status of the bill.

*Senators List to call*
1.JohnCornyn - TX
☎:202-224-2934

2.Thomas Tillis - NC
☎:202-224-6342

3.Tom Cotton - AR
☎:202-224-2353

4.Jeff Flake - AZ
☎:202-224-4521

5.Cory Gardner - CO
☎:202-224-5941

6.Lindsey Graham - SC
☎202-224-5972

7.James Lankford - OK
☎:202-224-5754

8.David Perdue - GA
☎:202-224-3521

9.Michael Bennet - CO
☎:202-224-5852

10. Orrin Hatch - UT
☎:202-224-5251


*Representative's List to call*
1.Michael T.McCaulTX10
☎:202-225-2401

2.Mario Diaz-BalartFL25
☎:202-225-4211

3.KevinMcCarthy CA23
☎:202-225-2915

4.Bob Goodlatte VA06
☎:202-225-3951
☎:202-225-5431

5.Raul Labrador ID01
☎:202-225-6611


Thank you for providing this, Tatikonda.

I urge everyone in this forum to immediately call AND paper mail to senators and Congressman as this list contains Majority Leaders/ Whips of both House and Senate. Lets say even if 5000 of our fellow Indians call their offices, there would be a tremendous response. DACA officially ends on March 5, and President Trump is in touch with both parties until the interim CR runs Feb 18 so they can be protected.

Please make an earnest attempt to let them know on the issue of Aging out Children and number of years you have been waiting legally just to file for Adjustment of Status. Please do not mention anything about HR 392 to make things convoluted. God bless you all, and God bless the United States of America.

[rock581]

Last I heard from Congressman Yoder's office is they want to attach this to DACA Bill, so this is the critical time to call your congressman and just say thanks for supporting bill or ask them the status of the bill.

*Senators List to call*
1.JohnCornyn - TX
☎:202-224-2934

2.Thomas Tillis - NC
☎:202-224-6342

3.Tom Cotton - AR
☎:202-224-2353

4.Jeff Flake - AZ
☎:202-224-4521

5.Cory Gardner - CO
☎:202-224-5941

6.Lindsey Graham - SC
☎202-224-5972

7.James Lankford - OK
☎:202-224-5754

8.David Perdue - GA
☎:202-224-3521

9.Michael Bennet - CO
☎:202-224-5852

10. Orrin Hatch - UT
☎:202-224-5251


*Representative's List to call*
1.Michael T.McCaulTX10
☎:202-225-2401

2.Mario Diaz-BalartFL25
☎:202-225-4211

3.KevinMcCarthy CA23
☎:202-225-2915

4.Bob Goodlatte VA06
☎:202-225-3951
☎:202-225-5431

5.Raul Labrador ID01
☎:202-225-6611

Guys, please stop. We all want this bill to pass but some things may be detrimental and I think this exactly does that. If you really want to do something join the IV telegram group and just be a foot soldier. I personally am not a fan of IV folks but this is their bill and they have a good coherent strategy to pass this bill.

Is this the SIIA's idiotic strategy?

Your calls to these folks can actually harm the bill.

[bvsamrat]

Based on my previous post I’m expecting 10k visas this FY to EB3 & EB2 India put together but practically all these 10K visas will be consumed by EB3 India(both porters and non-porters) that will clear the EB3 India backlogs till DEC2007.
Next year (FY19) with the same number of Visas, EB3 & EB2 India PDs will equate somewhere around 2009 dates and we can see beginning of downward porting from EB2 India.

Some good news in the corner. Diversity visa might get closed and numbers might get added to the lot. Only if country wide limit is removed. Then we have open field.

[qesehmk]

BVSamrat,

Diversity and country limits have nothing in common.

Trump / Bannon are anti globalists. Diversity Visa is a wonderful tool for state department to curry favors to various countries and build those bridges to those countries. Cancelling this quota cuts state department's power - which Trump seems to be interested in. Tillerson - though calls Trump moron - is on the same page with Trump on this one. Thats why almost a third of state department appointments are unfilled.

I am not sure why Trump thinks it's a good idea. It may be politically useful to him .... but it hurts America's foreign influence (some may call it interference).

It is important to understand that this has ZERO relationship with EB or even FB immigration.

As per country quota - we will see. Things never happen in US out of ideology or philosophy .. They happen because there is somebody fighting for those things, and most of the times the basis rooted in money and economics. Even the civil war -- the southern states had an economic reason to keep slavery alive. H1B and backlogged indians are in similar situation. There are strong economic incentives for American corporations to keep this workforce less mobile.

So unless somebody fights for this group - how is this going to change?

Even Indian community is not standing up for backlogged indians. Not even all backlogged indians are standing up for themselves. We keep talking about abuse in other EB categories!!

Go figure when the country limits will be removed.

It will be a miracle if and when that happens.


Some good news in the corner. Diversity visa might get closed and numbers might get added to the lot. Only if country wide limit is removed. Then we have open field.

[bvsamrat]

BVSamrat,

Diversity and country limits have nothing in common.

Trump / Bannon are anti globalists. Diversity Visa is a wonderful tool for state department to curry favors to various countries and build those bridges to those countries. Cancelling this quota cuts state department's power - which Trump seems to be interested in. Tillerson - though calls Trump moron - is on the same page with Trump on this one. Thats why almost a third of state department appointments are unfilled.

I am not sure why Trump thinks it's a good idea. It may be politically useful to him .... but it hurts America's foreign influence (some may call it interference).

It is important to understand that this has ZERO relationship with EB or even FB immigration.

As per country quota - we will see. Things never happen in US out of ideology or philosophy .. They happen because there is somebody fighting for those things, and most of the times the basis rooted in money and economics. Even the civil war -- the southern states had an economic reason to keep slavery alive. H1B and backlogged indians are in similar situation. There are strong economic incentives for American corporations to keep this workforce less mobile.

So unless somebody fights for this group - how is this going to change?

Even Indian community is not standing up for backlogged indians. Not even all backlogged indians are standing up for themselves. We keep talking about abuse in other EB categories!!

Go figure when the country limits will be removed.

It will be a miracle if and when that happens.

Thanks Q for the thoughts. Agee that nothing may get changed. But, also idea of merit based immigration might really work in USA where talent and skills go a long way as against in NZ/AUS or Canada where it is being used, but have a very few opportunities (Those countries appear great on paper to invite, less receptive to outsiders on employment chances). I have seen many doctors driving taxies and buses there.

[qesehmk]

Thanks Q for the thoughts. Agee that nothing may get changed. But, also idea of merit based immigration might really work in USA where talent and skills go a long way as against in NZ/AUS or Canada where it is being used, but have a very few opportunities (Those countries appear great on paper to invite, less receptive to outsiders on employment chances). I have seen many doctors driving taxies and buses there.
US indeed is the best country to migrate to .... no doubt about that.

[altek001]

Hi Everyone,
If you read in the latest news, the Immigration proposal does not eliminate limits on country cap nor has an increase in the number of GC's from 140K. Except that 55K visas are to be allocated to FB and EB categories to the most backlogged countries.

With half of the 55K going to EB category, by how much do you think EB2 Final action date will move each year?

Currently, it's moving forward roughly by 6 to 8 months a year.

[rock581]

Hi Everyone,
If you read in the latest news, the Immigration proposal does not eliminate limits on country cap nor has an increase in the number of GC's from 140K. Except that 55K visas are to be allocated to FB and EB categories to the most backlogged countries.

With half of the 55K going to EB category, by how much do you think EB2 Final action date will move each year?

Currently, it's moving forward roughly by 6 to 8 months a year.

There will be a million proposals coming out of "you know where", none of which will ever see daylight including Isquared. Start analyzing something when it passes at least one chamber of the Congress. if there is anything that might pass it is HR392 (probability of 20-30%) everything else is just plain posturing.

[altek001]

There will be a million proposals coming out of "you know where", none of which will ever see daylight including Isquared. Start analyzing something when it passes at least one chamber of the Congress. if there is anything that might pass it is HR392 (probability of 20-30%) everything else is just plain posturing.

It's frustating to see DACA Illegals and unskilled scumbags getting media attention while our children are at the risk of being aged out.

Politicians are planning phase 1 for DACA and phase 2 for legal immigrants while the latter is being addressed for EB. It's shows the ignorance, retardness and indifference of politicians to include a one line clause(of ending country limit) in the 800 plus bill that updates the Immigration law..

[altek001]

I am thinking the reason they want to keep legal immigration reform as Phase 2 is due to this election year.

They want to keep the unemployment numbers low in the high skilled jobs as this was the premise of the “Buy American and Hire American” executive order as U.S. workers can’t find jobs because of immigrants and temporary visa holders. This should be a no-brainer !!!!

[srimurthy]

It's frustating to see DACA Illegals and unskilled scumbags getting media attention while our children are at the risk of being aged out.

Politicians are planning phase 1 for DACA and phase 2 for legal immigrants while the latter is being addressed for EB. It's shows the ignorance, retardness and indifference of politicians to include a one line clause(of ending country limit) in the 800 plus bill that updates the Immigration law..
That is more to do with Vote bank politics and appeasement of the biggest impact block.
The EB category block appeasement is very little and more so when we talk about backlogged.

[altek001]

----Taken from an excerpt from DACA discussion by an American
"
Hey foreign born kids of LEGAL Immigrants,

When you turn 21, YOU WILL BE KICKED OUT OF THE COUNTRY. This is because after 21, you cannot claim to be a “dependent” of your parents. Unless, you get your own legal status(as a student or a temporary worker), you need to leave the country.

Have you heard of a program called “DACA”(Deffered action on childhood arrivals). It grants legal status to people who were brought into the country illegally as children to study and work. These people are also called “Dreamers”. I am sure you have dreams too. Why cant you, a LEGAL immigrant, be a “Dreamer”?

Hey, not exactly legal, why not deliberately turn out of status and then claim DACA? If DACA people had their way, they could be citizens by one stroke of President Trump’s hand. Which seems likely considering all the news that is coming out. It is a win-win for you. Illegal today, citizen tomorrow.

Trump Says He Is Open to a Path to Citizenship for ‘Dreamers’

Lets face it, your parent’s path to citizenship through the legal visa is so long, that even you will have grand children, by the time his time comes at the front of the queue. See the irony of the situation?

Legal immigrants children-> Aged out and kicked out of the country.

Illegal immigrants children -> Given DACA and possibly citizenship.

P.S: This is just an honest analysis of the current situation and I am NOT encouraging illegal immigration.
"

[gs1968]

Sen Hatch filed a series of amendments today to the pending Immigration legislation to shore up the merit-based side of the legislation.Interestingly he appears to have left out the H-1B increases from the I-squared Act.

https://www.hatch.senate.gov/public/index.cfm/releases?ID=D79F4C4F-8FB1-45BF-AA42-DD42225DBCDD

[gs1968]

This is a positive development as one of the amendments is the country cap elimination. If this is voted on and passes then the house which already has a bill filed with the judiciary committee might take it up (HR 392). However the House Judiciary committee has not been very favorably disposed to EB green cards. The Bill sponsored by Goodlatte/Issa increases the EB quota to 195000 (by eliminating the DV lottery) but keeping the country caps in place. Of course there is no guarantee that this amendment will be voted upon and passed in the Senate but the Democrats feel that they are probably 2-3 votes short of passing a two pillar DACA Bill (legalization of Dreamers) and increased border security without the diversity and family immigration cuts. Hatch is a retiring Senator this year and they might get his vote if they can get his amendments passed. As of now although multiple amendments have been filed no votes have been scheduled. We still have Grassley and Durbin to consider. As the clock keeps ticking there is probably not much time for a vote-a-rama and it is possible only a few amendments may be taken up by mutual consent and the rest left out

[altek001]

Does anyone know the status of hr392?
https://www.liveleak.com/view?t=s0jI5_1521513943
This video is eliciting itserve is sabotaging efforts of per country elimination..

[qesehmk]

Does anyone know the status of hr392?
https://www.liveleak.com/view?t=s0jI5_1521513943
This video is eliciting itserve is sabotaging efforts of per country elimination..

I watched the whole 17 minutes. The video is breathtaking. I hope more people see this and spread this. Thank you for uploading.

The Trump voters could very well be an unlikely ally in the fight to remove country caps.

Generally speaking - we were THE very first blog and community that started speaking country caps as real culprit for the pain for EB-India. The reason was very simple - we looked at data and real numbers that nobody else did. I always hated IV for their obstinence to understand others' viewpoint. Finally they have come around and are actively advocating for removal of country caps.

Join IV's efforts even if you are 1 or 2 years away in terms of priority date. You never know it could take 7-8 years to clear 1 year of backlog. Case in point - 50% people with EB2I PD in 2007 got their GCs in 2011. The rest 50% took almost 3 more years and then the entire 2008 EB2I took another 5 years.

So it is high time you do everything you can to support HR392.

Good luck and to hell with the scumbags that are opposed to removal of country caps for their own personal gain.

[iatiam]

Does anyone know the status of hr392?
https://www.liveleak.com/view?t=s0jI5_1521513943
This video is eliciting itserve is sabotaging efforts of per country elimination..
This is actually a scary scenario and there are all good reasons to believe that ITServe and RHC are trying to poison pill HR392. It doesn't take a lot of intelligence to understand that it is in ITServe's best interest to keep the backlogs alive. Both lawyers - Emily Neumann and Rahul Reddy act like they are the friends of immigrants. Look at Emily's website which is a big hit among desis. (http://immigrationgirl.com/). But behind the scenes they are acting against the interests of immigrants.

Hence I completely mistrust RHC and ITServe. RHC was no where in the scene when HR3012 passed house in 2011. We didn't hear about them when HR213 was introduced. However, now that HR392 has gained momentum, they show-up with a different agenda to sabotage the bill. Here are a few more reasons,

1. RHC is actively taking money from immigrants.
2. RHC is confusing the message. They talk about HR392, DALCA (what the hell is that?)
3. They are organizing a rally in DC. When was the last time a rally has led to law making?

Overall I think this is a ploy by ITServe to kill the bill.

Iatiam

[altek001]

This is actually a scary scenario and there are all good reasons to believe that ITServe and RHC are trying to poison pill HR392. It doesn't take a lot of intelligence to understand that it is in ITServe's best interest to keep the backlogs alive. Both lawyers - Emily Neumann and Rahul Reddy act like they are the friends of immigrants. Look at Emily's website which is a big hit among desis. (http://immigrationgirl.com/). But behind the scenes they are acting against the interests of immigrants.

Hence I completely mistrust RHC and ITServe. RHC was no where in the scene when HR3012 passed house in 2011. We didn't hear about them when HR213 was introduced. However, now that HR392 has gained momentum, they show-up with a different agenda to sabotage the bill. Here are a few more reasons,

1. RHC is actively taking money from immigrants.
2. RHC is confusing the message. They talk about HR392, DALCA (what the hell is that?)
3. They are organizing a rally in DC. When was the last time a rally has led to law making?

Overall I think this is a ploy by ITServe to kill the bill.

Iatiam

I tweeted a few of the immigrants group on this video earlier today, hope it gets viral..

It's very simple. President Trump is opposing H1b workers and wants few foreigners taking american jobs. His stance could be the same for EB folks getting green cards. The analogy is potential GC applicants could be taking away American jobs. When such a rhetoric exists in this presidency, Does anyone think RHC's Shalabh kumar can really persuade Trump to change his view?

The message in HR392 is simple. First come , First served. This is the message Congress needs to hear.

on another note, I have been following inclusions of the Omnibus bill 2018 and it appears DACA and HR4760 didn't cut into it. Very sad....

I hate IV's approach(to country cap elimination) as they ingested HR392 into HR4760. The senate bill similar to HR4760 failed in febraruary. Why include in something when the latter was opposed by DEMS and failed...

Spread awareness with your friends to refrain from services like consultations, H1b/green card filing from Murthy law firm and Reddy-Neumann. Advise them to NOT donate any money to RHC....

Do reach out Congressmen and Senator's office atleast once a week to keep the HR392 momentum alive. Calls nationwide in US free :)

Thank you for your inputs, folks..

[gcy2k07]

........Spread awareness with your friends to refrain from services like consultations, H1b/green card filing from Murthy law firm and Reddy-Neumann. Advise them to NOT donate any money to RHC....

.

Yes - especially do not go to Murthy - sickening to see how she is pandering to these ITServe frauds! Frustrating to see Indians bring the same fraudulent and unscrupulous practices we thought we left behind...

[srimurthy]

Yes - especially do not go to Murthy - sickening to see how she is pandering to these ITServe frauds! Frustrating to see Indians bring the same fraudulent and unscrupulous practices we thought we left behind...

They were pretty fast to remove the video

[Bussiere]

They were pretty fast to benefit from Ibutamoren (https://www.mensjournal.com/health-fitness/mk-677-ibutamoren-results-i-tried-it-for-6-weeks-does-it-work/) and remove the video

It's disheartening to hear that our people are doing these kinds of things here too. But I guess some just can't help but try to take advantage of others where ever they are.

[EB2-03252009]

My PD is 03/25/2009, with the new H.R's going around with the new immigration reform, how does it effect my spot? will they say all pending applications need to be cancelled n there will be a new line or will they process all the pending applications and then take up the new process?

https://judiciary.house.gov/wp-content/uploads/2018/06/Border-Security-and-Immigration-Reform-Act.pdf

[gten20]

My PD is 03/25/2009, with the new H.R's going around with the new immigration reform, how does it effect my spot? will they say all pending applications need to be cancelled n there will be a new line or will they process all the pending applications and then take up the new process?

https://judiciary.house.gov/wp-content/uploads/2018/06/Border-Security-and-Immigration-Reform-Act.pdf

Did you read the bill summary at least?
https://goodlatte.house.gov/news/documentsingle.aspx?DocumentID=1247

[newyorker123]

My PD is 03/25/2009, with the new H.R's going around with the new immigration reform, how does it effect my spot? will they say all pending applications need to be cancelled n there will be a new line or will they process all the pending applications and then take up the new process?

https://judiciary.house.gov/wp-content/uploads/2018/06/Border-Security-and-Immigration-Reform-Act.pdf

I am afraid nothing is going to happen (90% sure), or at least nothing of consequence to us. There have been more optimistic moments in past few years which turned quickly to nothing. Best is to be pessimistic, and hopefully be pleasantly surprised later

[EB2-03252009]

Did you read the bill summary at least?
https://goodlatte.house.gov/news/documentsingle.aspx?DocumentID=1247

lol... i did. I might be current soon, but little concerned that I might lose my spot coz of "and begins a shift to a merit-based system"

[msfc_1]

My PD is 03/25/2009, with the new H.R's going around with the new immigration reform, how does it effect my spot? will they say all pending applications need to be cancelled n there will be a new line or will they process all the pending applications and then take up the new process?

https://judiciary.house.gov/wp-content/uploads/2018/06/Border-Security-and-Immigration-Reform-Act.pdf

The bill creates a separate pool of visas for DACA and children of H-1/L-1 nonimmigrants and repeals the per country limits. It increases the annual allocation for EB visas by 65000 which should help clear the backlog. It does nor revoke any previously approved petitions. Your spot in line is preserved.

Note: the bill has very little chance of getting out of congress.

[srimurthy]

My PD is 03/25/2009, with the new H.R's going around with the new immigration reform, how does it effect my spot? will they say all pending applications need to be cancelled n there will be a new line or will they process all the pending applications and then take up the new process?

https://judiciary.house.gov/wp-content/uploads/2018/06/Border-Security-and-Immigration-Reform-Act.pdf

As stated by others anything passing is being highly optimistic. Also even if some bill gets passed, why would that impact existing application that require a cancellation. The application was already file and should be considered and approved based on that. It is not in a category that is being discontinued, at best we may get greened if the country cap removed or EB4 abolished and those are allocated to other employment categories.

[Spectator]

I've still yet to see a post that properly summarises the Compromise Bill (H.R. 6136 Border Security and Immigration Reform Act of 2018) Employment Based provisions.

Here's how I see it.

a) Per Country limits are abolished from FY2019.

There's a lead in such that the 2 highest users of visas (India And China) can receive:

85% of total EB allocation in FY2019
90% of total EB allocation in FY2020
90% of total EB allocation in FY2021

Within those numbers, no single country can receive more than 85% of the total available. i.e. India = 85% of 85%, 85% of 90%.

Therefore the maximum of the total visas available to EB that a India could receive is:

72.25% of total EB allocation in FY2019
76.5% of total EB allocation in FY2020
76.5% of total EB allocation in FY2021

For China, it would be:
12.75% of total EB allocation in FY2019
13.5% of total EB allocation in FY2020
13.5% of total EB allocation in FY2021

Within the 15%, 10%, 10% reserved for all other Countries in the first 3 years, no single Country can receive more than 25% of the total available.

This translates to:

3.75% of total EB allocation in FY2019
2.5% of total EB allocation in FY2020
2.5% of total EB allocation in FY2021

From FY2022 onwards there are no limits as to how many visas a single Country may use within the overall allocation.



b) The Bill also increases the number of visas available to EB1 to EB4, beginning in FY2020.

For each of EB1 to EB3, this translates to:

59,740 in FY2020
60,040 in subsequent FY.


The Numbers

Putting this all together, the numbers per category are (assuming that India will use all the number it is allowed to).

FY2019
Total allocation ----- 40,040
Top 2 Countries ------ 34,034
India ---------------- 28,929
China ----------------- 5,105

All other Countries --- 6,006
Max to single Country - 1,502


FY2020
Total allocation ----- 59,740
Top 2 Countries ------ 53,766
India ---------------- 45,701
China ----------------- 8,065

All other Countries --- 5,974
Max to single Country - 1,494


FY2021
Total allocation ----- 60,040
Top 2 Countries ------ 54,036
India ---------------- 45,931
China ----------------- 8,105

All other Countries --- 6,004
Max to single Country - 1,501


Total over first 3 years per Category
Total allocation ---- 159,820
Top 2 Countries ----- 141,836 (88.75%)
India --------------- 120,561 (75.44%)
China ---------------- 21,275 (13.31%)

All other Countries -- 17,984 (11.25%)
Max to single Country - 4,497 (2.81%)


Total over first 3 years for EB2 & EB3 combined
Total allocation ---- 319,640
Top 2 Countries ----- 283,672 (88.75%)
India --------------- 241,122 (75.44%)
China ---------------- 42,550 (13.31%)

All other Countries -- 35,968 (11.25%)
Max to single Country - 8,994 (2.81%)

It should be pretty clear (if the numbers are equalized between the categories by porting) what the situation is after the first 3 years have passed, what happens in years 4 and 5 and finally the outlook moving forward from then.

[bluelabel]

House overwhelmingly rejects both immigration bills this afternoon.

[newyorker123]

House overwhelmingly rejects both immigration bills this afternoon.

Difficult for anything to pass this year

[altek001]

Difficult for anything to pass this year

I concur. Wait until November 2018 for Democrats in House and Senate to get squashed big time in Mid term elections. A Big Red wave is coming to oust Democrats and Trump will prevail. When it happens, any immigration bill with four pillars of reform will pass. Go Trump. It's time to MAGA.

[Positive]

It is amazing how people root for someone so vile, not to mention against self interest. If mid terms doesn't halt America's march towards al that is deplorable, we can say goodbye to the world as we have known it for most of our lives.

[jackbrown_890]

FYI: Some of you already know this- HR 392 has been successfully added to DHS appropriation bill.

[abcx13]

This one? Which just got approved by the committee?

https://www.washingtontimes.com/news/2018/jul/25/house-appropriations-committee-passes-2019-homelan/

Any news on when it hits the House floor and what the process is from here?

[gs1968]

To abcx13
It's hard to predict the future for appropriations bills given that the recent history of conference between the senate and the house is not great.
Briefly both the house and the senate appropriations committees consider 12 spending packages for different departments annually. The deadline to pass an agreed upon spending package by both House and Senate is September 30 because the fiscal year for the Federal Government is October 1.
The House has passed HR 6157 (Defense Appropriations) on 6/28/2018 and sent it to the Senate.The Senate Appropriations Committee passed FY2019 Defense Appropriations Bill on 6/28/2018 but this has not come up for action on the Senate floor
So far both the house and Senate have passed their own versions of the minibus bills-combining the Energy and Water appropriations and two other regular appropriations acts (Legislative Branch and Military Construction-Veterans Affairs). However the Senate and House versions are different and will need to be reconciled in conference which is yet to happen. This is considered the easiest trio to win the needed bipartisan approval in the Senate.
The senate homeland security appropriations committee passed its own version of the bill out of committee on 6/21/2018 and placed it on the senate calendar. As you already know the House committee passed its own version today including the HR 392 provision which is not in the senate Bill. In response to your question the House has to pass its version on the Floor followed by the Senate passing its version and reconciling them in conference. The House starts its recess tomorrow and does not return till September 4 after Labor Day. Any action on this Bill and all other appropriations Bills will have to wait till then. The Senate has decided to cancel most of its August recess for the Supreme Court confirmation and also to address the funding bills.Interestingly the Senate did not pass any appropriations bills in 2017 for FY 2018. Usually none of these bills are passed and a continuing appropriations resolution to continue funding at current levels is what results in September. President Trump has refused to sign any more Omnibus Bills but it is hard to see so many appropriations packages passed by both chambers and reconciled in conference before Sept 30.
In 2017 the House committee reported Homeland security appropriations package on 7/18/2017 but it never saw a vote on the House Floor. We will continue to remain in hope as always

PS-I apologize for the long winded answer but there was a lot of information to offer

[suninphx]

To abcx13
It's hard to predict the future for appropriations bills given that the recent history of conference between the senate and the house is not great.
Briefly both the house and the senate appropriations committees consider 12 spending packages for different departments annually. The deadline to pass an agreed upon spending package by both House and Senate is September 30 because the fiscal year for the Federal Government is October 1.
The House has passed HR 6157 (Defense Appropriations) on 6/28/2018 and sent it to the Senate.The Senate Appropriations Committee passed FY2019 Defense Appropriations Bill on 6/28/2018 but this has not come up for action on the Senate floor
So far both the house and Senate have passed their own versions of the minibus bills-combining the Energy and Water appropriations and two other regular appropriations acts (Legislative Branch and Military Construction-Veterans Affairs). However the Senate and House versions are different and will need to be reconciled in conference which is yet to happen. This is considered the easiest trio to win the needed bipartisan approval in the Senate.
The senate homeland security appropriations committee passed its own version of the bill out of committee on 6/21/2018 and placed it on the senate calendar. As you already know the House committee passed its own version today including the HR 392 provision which is not in the senate Bill. In response to your question the House has to pass its version on the Floor followed by the Senate passing its version and reconciling them in conference. The House starts its recess tomorrow and does not return till September 4 after Labor Day. Any action on this Bill and all other appropriations Bills will have to wait till then. The Senate has decided to cancel most of its August recess for the Supreme Court confirmation and also to address the funding bills.Interestingly the Senate did not pass any appropriations bills in 2017 for FY 2018. Usually none of these bills are passed and a continuing appropriations resolution to continue funding at current levels is what results in September. President Trump has refused to sign any more Omnibus Bills but it is hard to see so many appropriations packages passed by both chambers and reconciled in conference before Sept 30.
In 2017 the House committee reported Homeland security appropriations package on 7/18/2017 but it never saw a vote on the House Floor. We will continue to remain in hope as always

PS-I apologize for the long winded answer but there was a lot of information to offer
Very informative post - thanks!

[gs1968]

To suninphx
As a sidelight to all of this Sen.McConnell and Speaker Ryan met with President Trump today and likely decided to defer the DHS spending fight till after the elections where its fate becomes even more murky

https://www.politico.com/story/2018/07/25/mcconnell-ryan-trump-shutdown-741266

[abcx13]

To abcx13
It's hard to predict the future for appropriations bills given that the recent history of conference between the senate and the house is not great.
Briefly both the house and the senate appropriations committees consider 12 spending packages for different departments annually. The deadline to pass an agreed upon spending package by both House and Senate is September 30 because the fiscal year for the Federal Government is October 1.
The House has passed HR 6157 (Defense Appropriations) on 6/28/2018 and sent it to the Senate.The Senate Appropriations Committee passed FY2019 Defense Appropriations Bill on 6/28/2018 but this has not come up for action on the Senate floor
So far both the house and Senate have passed their own versions of the minibus bills-combining the Energy and Water appropriations and two other regular appropriations acts (Legislative Branch and Military Construction-Veterans Affairs). However the Senate and House versions are different and will need to be reconciled in conference which is yet to happen. This is considered the easiest trio to win the needed bipartisan approval in the Senate.
The senate homeland security appropriations committee passed its own version of the bill out of committee on 6/21/2018 and placed it on the senate calendar. As you already know the House committee passed its own version today including the HR 392 provision which is not in the senate Bill. In response to your question the House has to pass its version on the Floor followed by the Senate passing its version and reconciling them in conference. The House starts its recess tomorrow and does not return till September 4 after Labor Day. Any action on this Bill and all other appropriations Bills will have to wait till then. The Senate has decided to cancel most of its August recess for the Supreme Court confirmation and also to address the funding bills.Interestingly the Senate did not pass any appropriations bills in 2017 for FY 2018. Usually none of these bills are passed and a continuing appropriations resolution to continue funding at current levels is what results in September. President Trump has refused to sign any more Omnibus Bills but it is hard to see so many appropriations packages passed by both chambers and reconciled in conference before Sept 30.
In 2017 the House committee reported Homeland security appropriations package on 7/18/2017 but it never saw a vote on the House Floor. We will continue to remain in hope as always

PS-I apologize for the long winded answer but there was a lot of information to offer

Thank you - very thorough, informative and helpful reply! Appreciate the insight.

[abcx13]

Chinese EB5 Investors suing the US government for incorrectly counting dependents in the quotas.

https://www.businesswire.com/news/home/20180725005655/en/EB-5-Investors-Lawsuit-Asks-Government-Address-Pressing

https://twitter.com/David_J_Bier/status/1022197453783814144

[Spectator]

Chinese EB5 Investors suing the US government for incorrectly counting dependents in the quotas.

https://www.businesswire.com/news/home/20180725005655/en/EB-5-Investors-Lawsuit-Asks-Government-Address-Pressing

https://twitter.com/David_J_Bier/status/1022197453783814144
I'd love to see this succeed, but I think it is a long shot, particularly given the current climate.

I had a look at this many years ago and history suggests that Congress intended the current situation where dependents are counted against the numerical limits.

This is from memory, but the essential facts are correct.

Back in 1990, the House and Senate came up with separate Bills with differing content, which then had to go through the Reconciliation process.

One Bill (the House one, I think), proposed an EB allocation of c.70k which explicitly did not count dependents.
The other Bill, proposed an EB allocation of 140k which explicitly counted dependents.

After reconciliation, the final Bill had an allocation of 140k for EB, without any explicit language either way.

It's not really credible that Congress decided to double the number of visas available to EB during the reconciliation talks, when each of their individual proposals resulted in broadly the same number.

The final figure strongly suggests that the intent was to include dependents, but the explicit language was missed in the redrafting of the hybrid reconciliation Bill.

I wish it were otherwise. It would solve virtually all the current problems of visa numbers.

Addendum

A pro piece Why We Can’t Wait: How President Obama Can Erase Immigrant Visa Backlogs with the Stroke of A Pen by Gary Endelman and Cyrus Mehta (http://www.ilw.com/articles/2012,0201-endelman.shtm) also mentions this situation (see section with footnote [8]).

The antis are certainly aware of it. I really don't like linking to an organization like this, but it explains the argument and has the actual figures in greater detail.
Could Obama Increase Immigration By Not Counting Family Against Visa Caps? (https://cis.org/Report/Could-Obama-Increase-Immigration-Not-Counting-Family-Against-Visa-Caps)

The articles are a bit of a read, but they do give the background to the issue.


It's certainly the counter argument that this lawsuit will come up against.

[gs1968]

To abcx13
Thanks for the comments. It was a long post because it was hard to balance objectivity with negativity. We have come a long way from the exuberance of the HR 3012 introduction in the fall of 3012 (yes that was 7 years ago!). There have been so many false starts since then that most of the members of the forum here have shrugged at the news and moved on to the regular discussions on the EB thread. It seems to be the correct decision as any action on the DHS bill is at least not till October if at all. I spoke too soon yesterday when I was more optimistic about the first minibus bill which is the least controversial. The conference negotiations have run into snags and is postponed to September after the recess. The senate was supposed to have passed it's own minibus consisting of four bills but have been postponed till next week due to issues with amendments. This in itself is not an issue as the house is away on recess and cannot act on it till September at the earliest. The defense bill is the most likely to pass and be signed by October 1. If the house and senate can agree on the first minibus that makes it 4 bills appropriated. The current 4 Bill package in the senate is more tricky as the house has only passed 2 of the bills and the senate is trying to attach agriculture and transportation/HUD to it which the house is yet to pass. If all the above are cleared by October 1 then the other 4 remaining agencies (including DHS) will be funded by a continuing stopgap most likely to the end of the year. In fact speaker Ryan mentioned this at the press conference today that he would go for the low hanging fruit first and fund others with a stopgap

[Spectator]

To abcx13
It's hard to predict the future for appropriations bills given that the recent history of conference between the senate and the house is not great.
.......
gs,

I'd like to also add my thanks for a very informative post.

[gs1968]

To S
I must reiterate that this attachment to the DHS spending bill offers the best chance for the HR 392 provisions to become law although it is still a long way off. The future will depend on how much progress is made on reconciling the other agencies' appropriations packages. The numerous amendments attached to the house DHS package has already come under fire from the usual culprits for using appropriations Bills to rewrite immigration laws (CIS,NumbersUSA,Breitbart,FAIRus etc). At yesterday's press conference Speaker Ryan seemed to suggest that the House and Senate could potentially send 6-8 appropriations packages to the President before funding runs out on Sept 30. If DHS is not included in this (which is most likely) it could be continued to be funded by a CR (continuing resolution) till an agreement is reached. CRs are also tricky.Generally most of them are clean and keep funding at current levels till a set date so modifying them to include other provisions becomes controversial. On the other hand if very few appropriations packages are passed before Sept 30 then an omnibus Bill becomes more likely which would be a single Bill that encompasses all the departments and just by virtue of its size and scope is difficult to negotiate finer points and almost all provisions are included. This will mean that HR 392 will get bundled into a vast Bill and get through. Interestingly when the Omnibus package was passed in May 2017 Congress used the 11 unfinished appropriations Bills from 2016 as a basis. However if one or more chambers change hands this fall the dynamics will change.

[altek001]

Hello Everyone
For those who are banking on HR 392 to be passed, here is an interesting development. HR 392 was passed an amendment to FY2019 DHS Spending bill on July 25 and has to go through the House and Senate. Both chambers of Congress has 10 days to pass this bill to avert a government shut down.

"An Alarming Development – Country of Origin Ceilings Partly Scrapped in Appropriations Bill"
https://cis.org/North/Alarming-Development-Country-Origin-Ceilings-Partly-Scrapped-Appropriations-Bill

Senator Yoder's amendments and addon of HR 392 to the spending bill are in page 23 of the link below. This bill has come a long way and pray it solves all of our problems.

https://www.nationalreview.com/wp-content/uploads/2018/07/HAC-HS-Adopted-amendments.pdf

[idliman]

Hello Everyone
For those who are banking on HR 392 to be passed, here is an interesting development. HR 392 was passed an amendment to FY2019 DHS Spending bill on July 25 and has to go through the House and Senate. Both chambers of Congress has 10 days to pass this bill to avert a government shut down.

"An Alarming Development – Country of Origin Ceilings Partly Scrapped in Appropriations Bill"
https://cis.org/North/Alarming-Development-Country-Origin-Ceilings-Partly-Scrapped-Appropriations-Bill

Senator Yoder's amendments and addon of HR 392 to the spending bill are in page 23 of the link below. This bill has come a long way and pray it solves all of our problems.

https://www.nationalreview.com/wp-content/uploads/2018/07/HAC-HS-Adopted-amendments.pdf
The fact that HR392 has come this far itself is a great achievement. I wish for the best as it is only fair. I will be jumping in joy if DT signs it.

There are still a lot of obstacles. The HR392 language has best chance to pass when the DHS appropriations bill is grouped into a miniBus with other appropriations (there is no OmniBus this year). There cannot be amendments to a minibus and nobody can strip out the language.

If this is not added to a minibus, the following bad things can happen. The senate already said that they want to punt the wall funding (5 billion in Yoder bill + HR392) to after November. This means the senate will likely take out the HR392 component plus $5B from their bill and pass in the senate.

Then the bill will go into conference committee. There is a good chance of Yoder losing his reelection in Kansas and there won't be sufficient representation to speak FOR this bill in conference. Then magically nothing else happens (again) for the EB community.

[altek001]

Francis Cissna on Removal of Per country Caps.

https://www.youtube.com/watch?v=L25NkKOoA40

[HarepathekaIntezar]

Francis Cissna on Removal of Per country Caps.

https://www.youtube.com/watch?v=L25NkKOoA40

That was posted by a paki. Republicans want to remove the DV Visa category and implement merit based immigration. Why would they want to stick to diversity in Employment based immigration?

[gs1968]

That was posted by a paki. Republicans want to remove the DV Visa category and implement merit based immigration. Why would they want to stick to diversity in Employment based immigration?

The Republican rhetoric about merit based immigration is a ploy to distract from their goal to limit overall LEGAL immigration. The DV visa has become dominated by African and Asian countries and there is very little representation from the countries that the GOP would like immigration to come from. I should also point out that for all the talk of changing to a merit based system there has been very little meaningful legislation proposed by them. Certain FB categories/DV visa would be eliminated and parents of US citizens would also be excluded so that the overall legal inflow would drop thereby givin EB visas a higher percentage. I have not seen any proposal that would increase EB numbers or reallocate the eliminated categories to EB immigration. If anything the administration has been very punitive to EB immigration under the Buy American Hire American agenda. This includes removal of EAD for H-4,interviews for EB visas,H-1B tightening for initial employment and transfers etc.

Frank Cissna is an ex-Grassley staffer with intimate knowledge of EB immigration. The interview mentioned above at the National Press Club is an interesting read and his insights matter and have the power to influence legislative action. I have linked a few articles below

https://www.propublica.org/article/trumps-immigration-pick-attacked-obama-programs-in-ghost-written-senate

https://qz.com/india/1357772/indian-h-1b-techies-can-expect-more-waiting-for-green-cards-in-us/

If in spite of fervent efforts this bill does not go through it will come down to the usual parties that have stifled efforts in the past. Organizations like CIS,numbersUSA and FAIR have time on their hands to mount a full court press since there is unlikely to be neaningful action on this if any till mid-November after the elections

On a different note, it is a momentous week in the Senate for appropriations. The senate is trying to combine both the Defense and Labor/health & Human Services appropriations into one package before the end of the week and likely go home for the Labor day break. If they pull it off they would have funded 9 out of 12 bills most likely leaving Homeland security/State and Commerce/Justice for after the elections. The house has passed 7/12 but has been in recess this month. I only bring this up because as more of these packages are passed the chances for a giant omnibus bill recede. Of course the house and senate still have to conference and pass it beofre the end of September but it is likely that the staffers are working hard behind the scenes. The omnibus would have been an excellent opportunity to slip in the 392 amendment. It was tried in the previous package in March but did not happen

[gs1968]

I'd love to see this succeed, but I think it is a long shot, particularly given the current climate.

I had a look at this many years ago and history suggests that Congress intended the current situation where dependents are counted against the numerical limits.

This is from memory, but the essential facts are correct.

Back in 1990, the House and Senate came up with separate Bills with differing content, which then had to go through the Reconciliation process.

One Bill (the House one, I think), proposed an EB allocation of c.70k which explicitly did not count dependents.
The other Bill, proposed an EB allocation of 140k which explicitly counted dependents.

After reconciliation, the final Bill had an allocation of 140k for EB, without any explicit language either way.

It's not really credible that Congress decided to double the number of visas available to EB during the reconciliation talks, when each of their individual proposals resulted in broadly the same number.

The final figure strongly suggests that the intent was to include dependents, but the explicit language was missed in the redrafting of the hybrid reconciliation Bill.

I wish it were otherwise. It would solve virtually all the current problems of visa numbers.

Addendum

A pro piece Why We CanÂ’t Wait: How President Obama Can Erase Immigrant Visa Backlogs with the Stroke of A Pen by Gary Endelman and Cyrus Mehta (http://www.ilw.com/articles/2012,0201-endelman.shtm) also mentions this situation (see section with footnote [8]).

The antis are certainly aware of it. I really don't like linking to an organization like this, but it explains the argument and has the actual figures in greater detail.
Could Obama Increase Immigration By Not Counting Family Against Visa Caps? (https://cis.org/Report/Could-Obama-Increase-Immigration-Not-Counting-Family-Against-Visa-Caps)

The articles are a bit of a read, but they do give the background to the issue.


It's certainly the counter argument that this lawsuit will come up against.

Spec
I somehow missed this post of yours till today and felt I should add to it. I remember the discussion during President Obama's highly anticipated EO a few years ago and your REDACT/REDACT post. i remember being amazed at the sheer arbitrary,totally random and absurd nature of the discussions to come up with the numbers that have stuck with us for almost 30 years. What was the number 140000 based on and what is the rationale behind the 7%. Even if those numbers were pulled out of thin air a annual adjustment of numbers based on either total population or workforce participation would have made more sense. In 1990 the US population was 248 million and today it is 330 million (an increase of 82 million or equivalent of today's population of unified Germany). Even since the first iteration of HR 392 ( HR 3012) in September 2011 the population has increased by 21 million (almost an Australia) The numbers we are fighting over (140000) represents 0.0004 % of the current US population. In a capitalist country with a nimble mindset it is astonishing to see the complete lack of flexibility or foresight in this regard

[EB3Iwaiting]

Spec
The numbers we are fighting over (140000) represents 0.0004 % of the current US population. In a capitalist country with a nimble mindset it is astonishing to see the complete lack of flexibility or foresight in this regard

Truly amazing, isn't it? A country that loves free trade is so restrictive when it comes to labor. I think most agree that country of birth has no place in EB quota. It was created decades ago and has no place in today's world. Most would probably even agree that EB quota is too low (only 14% counting dependents) out of all the GCs given out. If dependents are removed, only around 6.75% of skilled people are given GCs.

The problem of course, lies with the few (the Grassleys and of course CIS, FAIR and NumbersUSA). They just do not like brown people taking their high paying jobs and a first generation of immigrants being so successful. Then there is the fear that whites will become a minority. All these led to the arbitrary per country cap and the resistance to remove it.

There is also a bigger reason - like I mentioned before...considering a capitalist country, their EB GCs are actually too low. But no one complains as only one or 2 countries suffer in the backlog and most get it in 2 years. There is no work disruption thanks to AC21 and they get to keep the H1Bs on unending renewals as indentures servants pumping into their Social Security and Medicare.

The real fear to removing country caps and the real reason to oppose it is that if people from all countries have to end up waiting 5 to 6 years (simply because the EB quota is low), there will be a combined push by the entire EB community to INCREASE the quota and these anti immigrant groups fear that Congress will eventually cave. Here is a piece from the CIS article as to why they oppose HR392:

"While this would not directly increase the number of legal immigrants overall, it would speed up the visa issuances for those from China, India, and to a much smaller degree, aliens from Vietnam and three Central American nations (in the EB-5 and EB- 4) categories, and slow them for everyone else.

The slowing of visa issuances to all nations then might lead to a successful effort to remove (or inflate) the current numerical ceilings, thus increasing overall immigration."

Grassley and the anti immigrant groups know this...and hence, they are trying to gut it at its roots. They know that removing the per country cap will eventually lead to an increase in EB GCs.

[HarepathekaIntezar]

Senate has already ignored the Companion Bill. It had only 10 sponsors. This Bill may pass the House, but looks like an up hill climb in the reconciliation. At the least it will expose some more anti-indians like Cissna and the CIS.

[HarepathekaIntezar]

Got rfe today for I-693 and G-325 A

PD March 2010

Maybe the USCIS is thinking H.R 392 will pass..

[gten20]

https://twitter.com/USCIS/status/1053399682658041856
1439

[rocketfast]

https://twitter.com/USCIS/status/1053399682658041856
1439

I do hope that they can get rid of lottery for H1B and do some kind of meaningful distribution. I am tired of hearing that Indians are "cheap" workers. But I doubt that their regulation will be ready by April 1.

[smile245]

I wonder how Trump’s policy will affect political asylum (https://www.nytimes.com/es/2018/04/12/opinion-grillo-armas-frontera/) in the United States due to tensions at the border between the United States and Mexico. Because not only drugs are imported from Mexico to the United States, but illegal arms trafficking from the United States to Mexico occurs, which may affect the increase in refugees in the country.

[iatiam]

Looks like Kevin Yoder lost his seat effectively putting an end to the slim chances that HR392 had in this congress. Even if it is re-introduced the chances of passing a grid-locked congress is very small.

Iatiam

[Immigo]

Not sure if this was mentioned on any other thread - hence, adding it here. There was a case filed by EB-5 investors for not counting dependents in the 10k visas allocated for EB-5 investors. USCIS won the case and therefore, there is no change in the way dependents get counted. https://cis.org/North/USCIS-Wins-Big-EB5-Court-Case

[HarepathekaIntezar]

Check this out:

https://www.politico.com/story/2019/01/19/trump-government-shutdown-deal-1116049

[altek001]

Check this out:

https://www.politico.com/story/2019/01/19/trump-government-shutdown-deal-1116049

As always, DACA and TPS are key to deals in shutdown and legal immigrants are not a priority.

[HarepathekaIntezar]

As always, DACA and TPS are key to deals in shutdown and legal immigrants are not a priority.

Agreed. But the liar-in-chief made a statement regarding EB Immigration. Maybe it was just another lie or maybe not.:p I am trying to get a copy of the actual proposal. It would be interesting to read.

[sanjeevtrivedi]

The comment made earlier this week on H1B was nothing to do with per country quota. It was mostly for the US educated people whom they will make process similar and possibly easier for them to get GC . Having said that implementing that itself will take years.

Sorry to sound pessimistic, any immigration deal for shutdown will only focus on the illegal immigrant,they don't care about legal immigration

Unfortunately for people who are stuck in the queue will have to go through this pain for next several years. I don't think any thing significant will happen in next 2 years. Just go back and see, since how many years this per country quota has been raised, once even passed in the house, nothing happened and possibly nothing will happen.

Surprisingly, there is all talk of AI, Machine learning etc etc and DHS/USCIS/CO none of this folks can predict the actual demand and some reasonable dates for people in Queue. I am 100% convinced they all know and want to create uncertainty and anxiety.

[gcwait]

Agreed. But the liar-in-chief made a statement regarding EB Immigration. Maybe it was just another lie or maybe not.:p I am trying to get a copy of the actual proposal. It would be interesting to read.
From where, white house? :)

[HarepathekaIntezar]

The comment made earlier this week on H1B was nothing to do with per country quota. It was mostly for the US educated people whom they will make process similar and possibly easier for them to get GC.

Can you float your idea of how that will happen? Let me go with your thought and float my idea of how that may happen..abolish DV and divert that quota to US STEM Grads category (this will be a new category within the EB Quota) with no Per country quota?

[HarepathekaIntezar]

From where, white house? :)

That is funny ;):p

[HarepathekaIntezar]

The comment made earlier this week on H1B was nothing to do with per country quota. It was mostly for the US educated people whom they will make process similar and possibly easier for them to get GC . Having said that implementing that itself will take years.

Sorry to sound pessimistic, any immigration deal for shutdown will only focus on the illegal immigrant,they don't care about legal immigration

Unfortunately for people who are stuck in the queue will have to go through this pain for next several years. I don't think any thing significant will happen in next 2 years. Just go back and see, since how many years this per country quota has been raised, once even passed in the house, nothing happened and possibly nothing will happen.

Surprisingly, there is all talk of AI, Machine learning etc etc and DHS/USCIS/CO none of this folks can predict the actual demand and some reasonable dates for people in Queue. I am 100% convinced they all know and want to create uncertainty and anxiety.

That is only the opening gambit. Manchin may propose an amendment with the 2013 CIR. Clueless IV folks had no idea that this was coming. Now they will suddenly wake up and claim that they knew everything and have been "lobbying behind the scenes" for EB Immigration reform!!

https://www.politico.com/story/2019/01/20/trump-shutdown-immigration-james-lankford-1116062

[excalibur123]

That is only the opening gambit. Manchin may propose an amendment with the 2013 CIR. Clueless IV folks had no idea that this was coming. Now they will suddenly wake up and claim that they knew everything and have been "lobbying behind the scenes" for EB Immigration reform!!

https://www.politico.com/story/2019/01/20/trump-shutdown-immigration-james-lankford-1116062

However may be IV folks are bashed around everywhere, I think they are sincere in their efforts. Yes they were arrogant or naive at times. Also it is possible some of them had their own ambitions or sense of entitlement, and they considered that as perhaps the cost of providing their time and help.

But if you look closely they have tried to crack this nut in their own way and to the best of their understanding of how DC works. And they are sincere in that. And I for one believe them when they raised hue and cry around plans of admin to alter provisions of AC21 early last year.

Though I think now their support is waning a bit as most of their initial supporters were EB3s, and most of them have got their GCs as EB3 dates have leaped.

[qesehmk]

It is true IV is to my knowledge the only organized group advocating for EB and EB-India in particular. So please do support them for your own sake.

I do think they have some serious drawbacks but i will reserve my criticism for private discussions if they reach out to me.

All of us on this blog have brought much needed calculations to immigration discussions and highlighted how per country quota is the real problem. But then if anybody has to address the question organization is critical. IV is the ONLY organized group today working in your interest. They are not perfect but then nothing is.


However may be IV folks are bashed around everywhere, I think they are sincere in their efforts. Yes they were arrogant or naive at times. Also it is possible some of them had their own ambitions or sense of entitlement, and they considered that as perhaps the cost of providing their time and help.

But if you look closely they have tried to crack this nut in their own way and to the best of their understanding of how DC works. And they are sincere in that. And I for one believe them when they raised hue and cry around plans of admin to alter provisions of AC21 early last year.

Though I think now their support is waning a bit as most of their initial supporters were EB3s, and most of them have got their GCs as EB3 dates have leaped.

[HarepathekaIntezar]

I do think they have some serious drawbacks but i will reserve my criticism for private discussions if they reach out to me.
I don't think they will reach out to you or want to hear any criticism bro. @excalibur123 has nailed it when he said this:

they were arrogant or naive at times. Also it is possible some of them had their own ambitions or sense of entitlement

[Immigo]

I don't think they will reach out to you or want to hear any criticism bro. @excalibur123 has nailed it when he said this:

The problem is that focusing on removal of country limit sucks up all oxygen in the room - perhaps, those efforts are better spent elsewhere. Last 8 years have shown that there is sufficient resistance to HR392 like bill and it is unlikely to pass (at least stand alone!). My reading of the congressional research service report also is that the country cap removal is a long shot ( https://crsreports.congress.gov/product/pdf/R/R45447 ).

When 20k masters H1Bs were added in 2007, no additional GCs were provided. An additional 40K masters GCs (for the 20k masters H1B) per year, would have gone a long way in reducing the GC backlog. If we had these additional GCs even for the years where H1B cap was reached since 2007, we would have had an additional 300-400K GCs!

[qesehmk]

I know HPKI :)

But after so many years seeing the drama and plight of EB India - I have come to the conclusion that there literally is no one rooting for EB India except this blog and IV. And we are just a blog ... not really an organization. So better stand behind IV.
I don't think they will reach out to you or want to hear any criticism bro. @excalibur123 has nailed it when he said this:

[excalibur123]

The problem is that focusing on removal of country limit sucks up all oxygen in the room - perhaps, those efforts are better spent elsewhere. Last 8 years have shown that there is sufficient resistance to HR392 like bill and it is unlikely to pass (at least stand alone!). My reading of the congressional research service report also is that the country cap removal is a long shot ( https://crsreports.congress.gov/product/pdf/R/R45447 ).

When 20k masters H1Bs were added in 2007, no additional GCs were provided. An additional 40K masters GCs (for the 20k masters H1B) per year, would have gone a long way in reducing the GC backlog. If we had these additional GCs even for the years where H1B cap was reached since 2007, we would have had an additional 300-400K GCs!

I agree removal of country caps is very very hard. It goes against the basic principle of diversity which is embedded in so many laws. You can argue many ways but still the other side would have some valid arguments too.

And even if somehow whole house and senate agreed upon it - the optics of one country receiving nearly all cards are so bad that negative press would kill it in a day. You have to just see how fast the media reacts these days.

Maybe they could have shot for a higher cap - say 25 or 30 percent. Or a time based max on how much one has to wait after filing i140.

[qesehmk]

The problem is that focusing on removal of country limit sucks up all oxygen in the room .

I completely disagree. You are underestimating fairness of American people. Indian community hasn't made a strong case for FIFO.


When 20k masters H1Bs were added in 2007, no additional GCs were provided. An additional 40K masters GCs (for the 20k masters H1B) per year, would have gone a long way in reducing the GC backlog. If we had these additional GCs even for the years where H1B cap was reached since 2007, we would have had an additional 300-400K GCs!
True. But when Trump and co is reducing existing GC numbers (e.g. diversity and now EB5) the chance of lifting overall limit are at least as dim as removal of per country quota.


It goes against the basic principle of diversity which is embedded in so many laws.
Again - I couldn't disagree more. Diversity is desirable but not mandatory. Equality on the other hand is a matter of justice and is more than desirable. It is a foundational need of American constitution.

[Immigo]

I completely disagree. You are underestimating fairness of American people. Indian community hasn't made a strong case for FIFO.

People are fair, but indifferent. Interest groups are not. Recent examples of blatant unfairness to legals (which disproportionately impacts people from India):

1) Irish E-3 visa was taken up by house, but HR 392 with 300+ cosponsors is not even brought to the floor - courtesy Paul Ryan.

2) Obama had no issues in giving EAD to DACA population, but giving EAD to people with approved I-140 got watered down to the point of being useless.

3) Kids of legals do not qualify for DACA. You have to be illegal to qualify. If you are legal you age out and struggle on F1.

It is my firm belief that if country cap was impacting the irish, it would have been resolved long time ago.


True. But when Trump and co is reducing existing GC numbers (e.g. diversity and now EB5) the chance of lifting overall limit are at least as dim as removal of per country quota.

Agreed, but I am hopeful there will be support for this from educational institutions if there is a further dip in the number of international students. Likely will not happen anytime soon though. The point I was trying to make was that it is important to hedge the bets i.e. something other than removal of country caps.

[excalibur123]

Agreed, but I am hopeful there will be support for this from educational institutions if there is a further dip in the number of international students. Likely will not happen anytime soon though. The point I was trying to make was that it is important to hedge the bets i.e. something other than removal of country caps.

Do you have data to say international enrollments are down? For most universities of even moderately good standing it won’t be an issue attracting students from anywhere in the world. And the voice of others won’t matter.

We are back to square one with immigration - we would be part of a deal which is unlikely to happen in a foreseeable future. I read somewhere issues which become political football in a democracy take decades to resolve. So unfort we are part of that now.

We try to think in terms of comparing wait times with legal immigrants in other developed countries but the people compare us to wait time and pain of illegal immigrants. So there it is.

[AceMan]

People are fair, but indifferent. Interest groups are not. Recent examples of blatant unfairness to legals (which disproportionately impacts people from India):

1) Irish E-3 visa was taken up by house, but HR 392 with 300+ cosponsors is not even brought to the floor - courtesy Paul Ryan.

2) Obama had no issues in giving EAD to DACA population, but giving EAD to people with approved I-140 got watered down to the point of being useless.

3) Kids of legals do not qualify for DACA. You have to be illegal to qualify. If you are legal you age out and struggle on F1.

It is my firm belief that if country cap was impacting the irish, it would have been resolved long time ago.



Agreed, but I am hopeful there will be support for this from educational institutions if there is a further dip in the number of international students. Likely will not happen anytime soon though. The point I was trying to make was that it is important to hedge the bets i.e. something other than removal of country caps.

It is ironic, that the Irish bill, which drowned HR 3012 after Grassley lifted his hold 7 years back, and others add theirs passed in 2018 without any issues while HR 392 just died even with nearly entire house as co-sponsors did not even get a look in.

Far left which Obama stroked early in his Presidency, and far right which Trump is stroking now have the same agenda.

[HarepathekaIntezar]

I know HPKI :)

But after so many years seeing the drama and plight of EB India - I have come to the conclusion that there literally is no one rooting for EB India except this blog and IV. And we are just a blog ... not really an organization. So better stand behind IV.

If IV was pro-active and run with Trump's statement about Pathway to GC for STEM's, they should be trying to include that in the Bill that is being put to vote in the Senate this week. But I don't hear any noise or even a whisper about that yet.

[iatiam]

If IV was pro-active and run with Trump's statement about Pathway to GC for STEM's, they should be trying to include that in the Bill that is being put to vote in the Senate this week. But I don't hear any noise or even a whisper about that yet.

Because IV thinks president's tweet is just BS. You cannot form policy decisions based on BS

[Immigo]

Do you have data to say international enrollments are down?

This article from Forbes indicates 21% reduction in STEM between 2016 and 2017.
https://www.forbes.com/sites/stuartanderson/2018/03/02/guess-whos-not-coming-to-america-international-students/#59ff86e3c3e7

"In what could be a significant development, much of the overall decline in international student enrollment is due to fewer individuals from India studying computer science and engineering at the graduate level in 2017. The number of international students from India enrolled in graduate level programs in computer science and engineering declined by 21%, or 18,590 fewer graduate students, from 2016 to 2017."

https://www.usatoday.com/story/news/world/2018/01/20/fewer-international-students-coming-u-s-grad-school-science-and-engineering/1050724001/
"The biggest drop came from Indian students, whose numbers fell by 19% in 2017. "

This article indicates 30% down in applications to US and a shift from US to Canada.
https://www.business-standard.com/article/current-affairs/flow-of-indian-students-to-us-for-academic-year-2018-19-dip-by-30-118040200014_1.html

Though overall, the numbers have increased as compared to the last decade. Therefore, the above need to be taken with a pinch of salt.

[bloddy1]

This article from Forbes indicates 21% reduction in STEM between 2016 and 2017.
https://www.forbes.com/sites/stuartanderson/2018/03/02/guess-whos-not-coming-to-america-international-students/#59ff86e3c3e7

"In what could be a significant development, much of the overall decline in international student enrollment is due to fewer individuals from India studying computer science and engineering at the graduate level in 2017. The number of international students from India enrolled in graduate level programs in computer science and engineering declined by 21%, or 18,590 fewer graduate students, from 2016 to 2017."

https://www.usatoday.com/story/news/world/2018/01/20/fewer-international-students-coming-u-s-grad-school-science-and-engineering/1050724001/
"The biggest drop came from Indian students, whose numbers fell by 19% in 2017. "

This article indicates 30% down in applications to US and a shift from US to Canada.
https://www.business-standard.com/article/current-affairs/flow-of-indian-students-to-us-for-academic-year-2018-19-dip-by-30-118040200014_1.html

Though overall, the numbers have increased as compared to the last decade. Therefore, the above need to be taken with a pinch of salt.


No Surprise here! Without a line of sight for people who are going to enter the workforce at this time or have entered in the last 5 years through higher education/H1, what path do they have to a permanent residentship. We would like to blame current administration or president but really this is the result of previous administration who had 2 terms and did what exactly for legal immigration? They don't care about us, all they would like is to kick the can down the road and use us immigrant as a pawn, so they can show the problem, but not really address it.

If anything we are better of with the current guy - at least he recognizes the problem for legal immigration.

[AceMan]

No Surprise here! Without a line of sight for people who are going to enter the workforce at this time or have entered in the last 5 years through higher education/H1, what path do they have to a permanent residentship. We would like to blame current administration or president but really this is the result of previous administration who had 2 terms and did what exactly for legal immigration? They don't care about us, all they would like is to kick the can down the road and use us immigrant as a pawn, so they can show the problem, but not really address it.

If anything we are better of with the current guy - at least he recognizes the problem for legal immigration.

For legal immigrants we got lots and lots of lip service along with delayed and a totally watered down implementation of H4-EAD only for the spouse, kids excluded. The previous admin also included 3 year OPT, which satisfied lot of corporate greed for subdued wages. We also got a filing date fiasco, subsequent failed law suit and total power to USCIS to use the filing dates as "they" desire.

[excalibur123]

For legal immigrants we got lots and lots of lip service along with delayed and a totally watered down implementation of H4-EAD only for the spouse, kids excluded. The previous admin also included 3 year OPT, which satisfied lot of corporate greed for subdued wages. We also got a filing date fiasco, subsequent failed law suit and total power to USCIS to use the filing dates as "they" desire.

Democrats have stated time and again - they want a Comprehensive solution for all immigrants. That or nothing. So we got nothing.

[AceMan]

Democrats have stated time and again - they want a Comprehensive solution for all immigrants. That or nothing. So we got nothing.

When people with extreme view points dominated the parties (Keith Ellison, Sanders for Dems, Ted Cruz for Reps) for the most part of the 2010's, it was assured that nothing useful was bound to happen.

[bloddy1]

For legal immigrants we got lots and lots of lip service along with delayed and a totally watered down implementation of H4-EAD only for the spouse, kids excluded. The previous admin also included 3 year OPT, which satisfied lot of corporate greed for subdued wages. We also got a filing date fiasco, subsequent failed law suit and total power to USCIS to use the filing dates as "they" desire.

That's very little but even the H4-EAD is so closely tied at the hip to H1-B that doesn't function as a legal travel document, so while it does provide spouses basis to earn, it does not help your overall residency well being.

One can say we cannot be choosers and that's an attitude change i.e., we are not asking for basic rights here rather we do have leverage and have to let folks feel that enmasse.

[iatiam]

That's very little but even the H4-EAD is so closely tied at the hip to H1-B that doesn't function as a legal travel document, so while it does provide spouses basis to earn, it does not help your overall residency well being.

One can say we cannot be choosers and that's an attitude change i.e., we are not asking for basic rights here rather we do have leverage and have to let folks feel that enmasse.

The only way the current backlog will be cleared is via tighter immigration enforcement and/or imminent recession. It's anybody's guess when the stock market swings will negatively affect the economy but when that happens, it is not going to be pretty. There will massive exodus of people from US to India. Let us not kid ourselves that any favorable immigration bills will be cleared in the congress in the next six years (dems or repubs - makes no difference)

Iatiam

[HarepathekaIntezar]

Stephen Miller has been the architect of Trump immigration policy so far, which has been totally negative. My guess is it won't be any different this time from the previous deal on DACA that Trump reneged on. However, there is a possibility that someone in the Trump 2020 campaign sees the passing of a CIR as a huge positive and Trump gets it done by sidelining Miller. Already Sen. Manchin has floated the idea of voting on CIR.

[srimurthy]

That's very little but even the H4-EAD is so closely tied at the hip to H1-B that doesn't function as a legal travel document, so while it does provide spouses basis to earn, it does not help your overall residency well being.

One can say we cannot be choosers and that's an attitude change i.e., we are not asking for basic rights here rather we do have leverage and have to let folks feel that enmasse.

With so much rhetoric going and the difficulty and issue to get timely renewals it is very difficult to convince any good company to hire with no guarantee that the renewals happen in time with no gaps. The H4-EAD is a case where you don't have continuity.

[bloddy1]

The only way the current backlog will be cleared is via tighter immigration enforcement and/or imminent recession. It's anybody's guess when the stock market swings will negatively affect the economy but when that happens, it is not going to be pretty. There will massive exodus of people from US to India. Let us not kid ourselves that any favorable immigration bills will be cleared in the congress in the next six years (dems or repubs - makes no difference)

Iatiam

Yeah, basically prayer of a chance! I have even heard that EB5 visa availability is extremely delayed as well, so avenues to immigration overall are closing. Anytime someone has a chance to to the EB1 route I would say jump with 2 feet in, same with the EB3 downgrade although I'm less sanguine about the EB3's prospects because of the mass effect.

[iatiam]

Stephen Miller has been the architect of Trump immigration policy so far, which has been totally negative. My guess is it won't be any different this time from the previous deal on DACA that Trump reneged on. However, there is a possibility that someone in the Trump 2020 campaign sees the passing of a CIR as a huge positive and Trump gets it done by sidelining Miller. Already Sen. Manchin has floated the idea of voting on CIR.

If you believe CIR will pass congress in the next six years, I have bridge to sell you. Last time when Reagan gave amnesty to millions of illegals, the state of California turned completely blue for the rest of history. This gives democrats an uneven advantage in presidential polls. Republicans will never allow this to happen again. The only chance of CIR passing is when democrats holding house, senate and WH and I don't think that will happen anytime soon.

Iatiam

[srimurthy]

The only chance of CIR passing is when democrats holding house, senate and WH and I don't think that will happen anytime soon.

Iatiam
I doubt that would happen as the initial 2 years of Obama's presidency was with Democrats holding all three but nothing concrete. And dems would not do anything until they get the illegals immigrants who are already in addressed.

[HarepathekaIntezar]

If you believe CIR will pass congress in the next six years, I have bridge to sell you. Last time when Reagan gave amnesty to millions of illegals, the state of California turned completely blue for the rest of history. This gives democrats an uneven advantage in presidential polls. Republicans will never allow this to happen again. The only chance of CIR passing is when democrats holding house, senate and WH and I don't think that will happen anytime soon.

Iatiam

Let us see. If fringe pro EB Reform groups like IV et al can lobby the right way with full force, there is a chance. I have not heard a whimper from IV so far in this cycle. Maybe they have run out of gas and are just feathering their own nests. The latest update on the IV facebook page is a picture of a few vested interests getting a photo op with a Senator. As they say, every dog has its day, maybe Stephen Miller has had his 365X2 Days ...:rolleyes: Just think of it, after all the shitty things Trump has done during his tenure and all the lies he has told so far, can anything beat a CIR? If he can get a CIR, that will be his legacy..even if he does not win the next election!

[srimurthy]

Last time when Reagan gave amnesty to millions of illegals, the state of California turned completely blue for the rest of history. This gives democrats an uneven advantage in presidential polls.

Iatiam
The numbers are different now. Last time when Regan acted it was 3 million who got amnesty. Right now that figure is around 10 million according to my knowledge. If we consider that and they go out to add beneficiaries after getting citizenship, the family based GC queues will be a mess.

[excalibur123]

Let us see. If fringe pro EB Reform groups like IV et al can lobby the right way with full force, there is a chance. I have not heard a whimper from IV so far in this cycle. Maybe they have run out of gas and are just feathering their own nests. The latest update on the IV facebook page is a picture of a few vested interests getting a photo op with a Senator. As they say, every dog has its day, maybe Stephen Miller has had his 365X2 Days ...:rolleyes: Just think of it, after all the shitty things Trump has done during his tenure and all the lies he has told so far, can anything beat a CIR? If he can get a CIR, that will be his legacy..even if he does not win the next election!

You seem to have an axe to grind with IV. May I ask what real world work have you done to solve this issue? I can admit I am just an arm chair expert.

[HarepathekaIntezar]

You seem to have an axe to grind with IV. May I ask what real world work have you done to solve this issue? I can admit I am just an arm chair expert.

Welcome to the 'arm chair expert' club bro:p

[HarepathekaIntezar]

You seem to have an axe to grind with IV. May I ask what real world work have you done to solve this issue? I can admit I am just an arm chair expert.

Due to the very nature of the IV membership, there is no real political power to influence any policy because the members are not in the first place citizens and we Indians per se are not as powerful a minority like the Jews. Even the miniscule Irish beat us when it comes to political power. Given the lack of political power, we need to pursue a different strategy. All these 'Action' Programs that have been the staple of IV have always come to naught. IV has to reach out to the diaspora and invite ideas on strategy and chalk out the next 'Action' program. But the leadership of IV is so stuck on themselves, arrogant and have their own agenda that they never listen to the any suggestions from members.

[HarepathekaIntezar]

Has anyone proposed this so far - Modify/Repurpose the DV Category and call it US STEM Degree Category? The eligibility should of course be a US STEM Degree and there should be no Per Country restriction.

[srimurthy]

Has anyone proposed this so far - Modify/Repurpose the DV Category and call it US STEM Degree Category? The eligibility should of course be a US STEM Degree and there should be no Per Country restriction.
Even if this is proposed and accepted, the per country restriction would not go as that would be conflicting with other EB categories and will cause lawsuits. Unless all employment categories are considered to be based on qualification and equal opportunity with a FIFO, I doubt the country limits can be done selectively.

[HarepathekaIntezar]

Even if this is proposed and accepted, the per country restriction would not go as that would be conflicting with other EB categories and will cause lawsuits. Unless all employment categories are considered to be based on qualification and equal opportunity with a FIFO, I doubt the country limits can be done selectively.

The question was - has this been proposed at all?

[HarepathekaIntezar]

Does anyone think EB Immigration will be a part of the deal this time around?

[HarepathekaIntezar]

https://www.washingtonpost.com/opinions/2019/01/25/trump-just-caved-democrats-can-now-take-control-immigration-debate/?utm_term=.4cb036961165

[HarepathekaIntezar]

https://www.youtube.com/watch?v=KbaVEdoJjR0

[HarepathekaIntezar]

I saw a Fauxnews video where the anchor said that Pathway to citizenship for DACA was on the table. He did not mention anything about legal immigration. Let us hope there is some relief for us in the Bill. I don't see how democrats will allow Trump to claim victory in this round. Even if Trump agrees to everything that the democrats want, they see political capital in denying the liar-in-chief a legislative victory rather than getting their legislative priorities passed.

But it looks like IV has finally woken up and wants to steal the limelight after having slept like a kumbhakarna ever since the shutdown started.They have a wierd 'danger ahead' post about some mysterious 'Religious bigots' who want to sabotage their Bill:rolleyes:

[ferric]

Here’s the full AILA report, I wonder if this is going to change anything at all
https://www.aila.org/infonet/aila-policy-brief-uscis-processing-delays

[Turbulent_Dragonfly]

Here’s the full AILA report, I wonder if this is going to change anything at all
https://www.aila.org/infonet/aila-policy-brief-uscis-processing-delays

AILA is left leaning and will have no impact/leverage over the current Admin's policies on immigration. As long as the turd bucket S Miller is in there (my attorney's words), this is going to continue.

[gs1968]

I know we have been here before but the country cap elimination bills are being introduced in both Chambers today. Rep Lofgren and Buck in the house and Senators Lee and Cramer in the Senate. The usual hurdles as before remain but it is at least a start. We now have 2 rival groups IV and RHC pushing for this.

[gs1968]

To spec and others

Can someone clearly explain the differences between this version of the bill compared to previous iterations like hr392

[texas_]

https://lofgren.house.gov/media/press-releases/lawmakers-introduce-bipartisan-legislation-eliminate-arbitrary-country-limits

[HarepathekaIntezar]

I know we have been here before but the country cap elimination bills are being introduced in both Chambers today. Rep Lofgren and Buck in the house and Senators Lee and Cramer in the Senate. The usual hurdles as before remain but it is at least a start. We now have 2 rival groups IV and RHC pushing for this.

I am not sure if that is the right way to do it. I would think it has to be part of the current Appropriation Bills to get passed in the next couple of weeks. Otherwise, it is going to be a grind just like it was before. It will never be passed separately by both houses to become law. I read on IV FB that they are pushing for the Bills, but have not heard anything from RHC about pushing for those specific bills. I think the RHC guys have an edge as Shalabh Kumar has a direct one-on-one type contact with Trump. He is the one who had openly aligned with Trump before the election and if anyone has the capacity to encash the IOU, it is him.

[HarepathekaIntezar]

To spec and others

Can someone clearly explain the differences between this version of the bill compared to previous iterations like hr392

From what I can understand, it will be the same exact bill with a new number(old wine in new bottle)!

[HarepathekaIntezar]

https://thehill.com/homenews/senate/429019-lawmakers-say-theyre-closing-in-on-border-deal-to-prevent-shutdown

It is surprising we have no clue if any Immigration items will be in the agreement or not. I wish the IV folks or RHC folks would update us as to the deal so far..

[gs1968]

IV has said that their aim is to get the bill passed in 6 months which assumes that they don't expect any movement immediately. I read somewhere that there was a25% per country cap on EB1 and also a do no harm to current I140 approved petitions. I was wondering how that would work under the current framework

[newyorker123]

https://lofgren.house.gov/media/press-releases/lawmakers-introduce-bipartisan-legislation-eliminate-arbitrary-country-limits

Don't understand how the politics works. If its never going to pass, why all the 112 sponsors ?

[HarepathekaIntezar]

IV has said that their aim is to get the bill passed in 6 months which assumes that they don't expect any movement immediately. I read somewhere that there was a25% per country cap on EB1 and also a do no harm to current I140 approved petitions. I was wondering how that would work under the current framework

If the H.R 392 could not pass last year, there is no way, it will be passed this year by itself. The only chance we have is if it is attached to the Appropriation Bill in the next 2 Weeks. That should be the goal. For that to happen, Shalabh Kumar has to cash in his IOU with Trump.

[HarepathekaIntezar]

Don't understand how the politics works. If its never going to pass, why all the 112 sponsors ?

Last year it had 300 + Sponsors and still it did not pass.

[Blue_fairy]

https://www.thequint.com/news/world/green-card-legislation-per-country-limit-removal

Laws to End Per-Country Green Card Limits Proposed in US

[HarepathekaIntezar]

https://thehill.com/homenews/house/429525-lawmakers-reach-agreement-in-principle-to-avert-shutdown

[HarepathekaIntezar]

Anyone think there will be some relief for us in this Bill?

https://thehill.com/homenews/house/429525-lawmakers-reach-agreement-in-principle-to-avert-shutdown

[skpanda]

Nothing for Legal Immigration. Based on experience over last 8 years (since 2011). Nobody cares about Legal Immigration. One side wants the wall. Other side wants to cater to Illegal immigration.

No body gives 2 hoots for Legal Immigration. If anything, they will find a way to put more restrictions on Legal Immigration.

Sorry, i do not mean to dampen your hopes but it is what it is!!

Focus on life and family (easier said than done..).

[HarepathekaIntezar]

Nothing for Legal Immigration. Based on experience over last 8 years (since 2011). Nobody cares about Legal Immigration. One side wants the wall. Other side wants to cater to Illegal immigration.

No body gives 2 hoots for Legal Immigration. If anything, they will find a way to put more restrictions on Legal Immigration.

Sorry, i do not mean to dampen your hopes but it is what it is!!

Focus on life and family (easier said than done..).

I know the feeling bro. Been there done that. Got my GC 2 yrs back, so to me it doe not matter anymore. Was checking to see if anyone had any insight into the current Bill. I see IV still gathering 'co-sponsors' for the Fairness Act, but no mention of it being attached to the current Border Security Bill. If at all it is included by any chance, I can see them claiming credit for that, even though they have not done anything towards that goal.

[srimurthy]

I know the feeling bro. Been there done that. Got my GC 2 yrs back, so to me it doe not matter anymore. Was checking to see if anyone had any insight into the current Bill. I see IV still gathering 'co-sponsors' for the Fairness Act, but no mention of it being attached to the current Border Security Bill. If at all it is included by any chance, I can see them claiming credit for that, even though they have not done anything towards that goal.

Per OH Law:
Bi-Partisan H.R. 1044 Bill Introduced in the House 02/07/2019 to Eliminate Annual Per Country Limit to EB-Immigration Quota.

But I doubt this will pass as has always been the case

[qesehmk]

Got my GC 2 yrs back, so to me it doe not matter anymore. Was checking to see if anyone had any insight into the current Bill.
Kudos to you HPKI. There are a few others like you. But generally most people don't - and understandably so.

[HarepathekaIntezar]

Kudos to you HPKI. There are a few others like you. But generally most people don't - and understandably so.

Looks like there is no EB Immigration stuff in the current Border security Bill. It gonna be another frustrating journey for our long suffering brethren.

[EB22010Dec]

Looks like there is no EB Immigration stuff in the current Border security Bill. It gonna be another frustrating journey for our long suffering brethren.


Where did you see the details of the bill ?

[cancer24]

One more try -

https://www.forbes.com/sites/stuartanderson/2019/02/15/bill-aims-to-end-decades-long-waits-for-high-skilled-immigrants/#2c00826a7b85

[HarepathekaIntezar]

One more try -

https://www.forbes.com/sites/stuartanderson/2019/02/15/bill-aims-to-end-decades-long-waits-for-high-skilled-immigrants/#2c00826a7b85

Fringe desi immigration groups like IV et al don't have a strategy/plan to get this done. All they do is get co-sponshorship, a few rallies, a few news articles and a few photo ops with politicians and there ends the Bill. It never gets to the floor of the House or Senate. This has been going on for the last 10 yrs. The first thing that the lobbying groups should do is to get buy-in/committment from(in this order) the Speaker, House Majority Leader, House Minority Leader, Senate Majority Leader, Senate Minority Judiciary, Chairmen of the Judiciary Committees, Chairmen of the Immigration Sub-Committees, Ranking Members. Only when that is achieved is there any chance of the Bill getting passed.

The Senate Majority leader has his own Republican priorities and an EB Immigration Bill is not one of them. Speaker has her own priorities and EB Immigration is not one of them. Even if it gets passed by both Senate and House, Stephen Miller is guaranteed to get it vetoed by the liar-in-chief.

[qesehmk]

I agree 100% with everything except IV is not fringe. IV is the de facto face for backlogged immigrants. However they are absolute idiots who should have spent all that money in courts rather than advocacy. How can advocacy succeed when the current system works for facebook google and the whole tech industry is built on blood sweat and tears of H1Bs. (may be not whole. ... but significant ... isn't it?).


Fringe desi immigration groups like IV et al don't have a strategy/plan to get this done. All they do is get co-sponshorship, a few rallies, a few news articles and a few photo ops with politicians and there ends the Bill. It never gets to the floor of the House or Senate. This has been going on for the last 10 yrs. The first thing that the lobbying groups should do is to get buy-in/committment from(in this order) the Speaker, House Majority Leader, House Minority Leader, Senate Majority Leader, Senate Minority Judiciary, Chairmen of the Judiciary Committees, Chairmen of the Immigration Sub-Committees, Ranking Members. Only when that is achieved is there any chance of the Bill getting passed.

The Senate Majority leader has his own Republican priorities and an EB Immigration Bill is not one of them. Speaker has her own priorities and EB Immigration is not one of them. Even if it gets passed by both Senate and House, Stephen Miller is guaranteed to get it vetoed by the liar-in-chief.

[HarepathekaIntezar]

I agree 100% with everything except IV is not fringe. IV is the de facto face for backlogged immigrants. However they are absolute idiots who should have spent all that money in courts rather than advocacy. How can advocacy succeed when the current system works for facebook google and the whole tech industry is built on blood sweat and tears of H1Bs. (may be not whole. ... but significant ... isn't it?).

Agree with you. IV is a babble of arrogant idiots who don't listen to reason.How wonderful it would be if IV could take up lobbying Dems and have the RHC lobby the Repubs!

[srimurthy]

Everyone can you please sign the petition. I know it may not be of much help, but whatever we can.

https://petitions.whitehouse.gov/petition/h4-ead-please-do-not-revoke-h4-ead-policy

[babslak]

As per the Immfinews, there are high chances for this rule/amendmen(1615-AC22) to be taken once the dust settles down on the H4-EAD rule. Most probably this will come under radar in July/August timeframe by which we will know the complete fate of H4-EAD.....One good thing with this rule is, we all will get a clear idea about the inventory atleast...

https://immfinews.com/uscis-dhs-regulatory-priorities-for-2019/

[EB32010]

As per the Immfinews, there are high chances for this rule/amendmen(1615-AC22) to be taken once the dust settles down on the H4-EAD rule. Most probably this will come under radar in July/August timeframe by which we will know the complete fate of H4-EAD.....One good thing with this rule is, we all will get a clear idea about the inventory atleast...

https://immfinews.com/uscis-dhs-regulatory-priorities-for-2019/
Not sure why everybody is taking immfinews as golden. They are just another website.

BTW, I will pretty much guarantee that H4 EAD is not going away anytime soon.

[babslak]

Yes I agree with you..I'm not taking it as golden , just referenced it as i have read it from there. I just read the same from immigration girl too..."Yes, that is on the agenda. We may see a proposed regulation this fall.". Tried to copy the image//screenshot unsuccessfully..

[EB32010]

Yes I agree with you..I'm not taking it as golden , just referenced it as i have read it from there. I just read the same from immigration girl too..."Yes, that is on the agenda. We may see a proposed regulation this fall.". Tried to copy the image//screenshot unsuccessfully..
I apologize if you felt offended. I didn’t mean this to direct at you. I saw this website on many forums. Hence commented.

[tatikonda]

without legislative actions, dates for EB-I will be be just weeks. it is very hard to cross 2010 in next couple of years also.
so, please call your representive and ask them to support Hr1044.
I know some of us are seeing similar bill from 2011 and vexed, but guys do we have other choice.
please spread this bill. last year HR3020 was highest googled bill.

https://www.congress.gov/bill/116th-congress/house-bill/1044/cosponsors

Thanks
Tatikonda.





It may end up too little, too late for EB3I. While I don't wish it, this FY EB3****isas might be wasted. I don't think CO or USCIS has any insight in to actual demand in field offices. Correct me if I am wrong - I think on average it takes 8-months to schedule an interview in a field office.

Iatiam

[iatiam]

without legislative actions, dates for EB-I will be be just weeks. it is very hard to cross 2010 in next couple of years also.
so, please call your representive and ask them to support Hr1044.
I know some of us are seeing similar bill from 2011 and vexed, but guys do we have other choice.
please spread this bill. last year HR3020 was highest googled bill.

https://www.congress.gov/bill/116th-congress/house-bill/1044/cosponsors

Thanks
Tatikonda.

Unfortunately, the bill has little or no chance of passing. We are already in to three months for the new congress and that leaves around nine months for legislative action. After that, it's election year and nothing will get done. I worked hard for the bill in 2011 and then 2015 onwards. The bill was blocked by Grassley in 2011 and he is still around. Plus no other nation will agree to a bill which spreads the pain equally among all.

We are left with downporting and future recessions and immigration enforcement to clear backlog. Reality

[altek001]

I see it different. It feels like there are more chances to get this approved then anytime else. I have seen it in 2011 as well. here are my thoughts;

1) Biggest point is not attachments to this bill; in 2011 main reason for objection was increment of the H1B.
2) Presidential interest: Obama had focus on DACA/DAPA then this bill. He never pushed senate democrats to move this bill forward. They needed only 20 some Republicans for filibuster.
3) again Presidential interest: Trump has some interest in issue. If passes house, he may push senate for another victorious bill.

Current supports: 183 in house: 123 (D), 60 (R): Numbers for passing a bill 218, it means 35 more needed.
20 in senate: 11 (R), 9 (D), more republican then Democrats for now:Numbers for passing a bill 51, it means 31 more needed.

Admiring your optimism :)
Even if 31 congressmen support this bill, there are reasons it may not materialize into law.
1) Congressmen who supported the bill, may not vote on the house floor.
2) Influential legislators like Grassley, Tom cotton will put a hold on the bill to move forward.
3) The bill doesn't get a house floor vote at any time in this Congress.

[EB32010]

Admiring your optimism :)
Even if 31 congressmen support this bill, there are reasons it may not materialize into law.
1) Congressmen who supported the bill, may not vote on the house floor.
2) Influential legislators like Grassley, Tom cotton will put a hold on the bill to move forward.
3) The bill doesn't get a house floor vote at any time in this Congress.

Tom Cotton was co-sponsor of S281. (senate version of HR 392)

[srimurthy]

Tom Cotton was co-sponsor of S281. (senate version of HR 392)

Now, it has moved upto 193, adding 10 more co-sponsors.
But as we all know sponsoring and signatures is one step, and putting the bill for vetoes and passing is another thing.

[Raj0687]

Now, it has moved upto 193, adding 10 more co-sponsors.
But as we all know sponsoring and signatures is one step, and putting the bill for vetoes and passing is another thing.

The big challenge for this bill is to get the approval from house, senate judiciary committee to move it to the floor for debate. Getting enough votes and president sign desn't seem to be a problem at least now. Talking to committee members and convincing them will help rather than co-sponsors.

Grassely may be convinced this time as the H1B program kept getting fixed and seems to be solid. I don't think his decision matters, if the majority committee members agree.

[gs1968]

The big challenge for this bill is to get the approval from house, senate judiciary committee to move it to the floor for debate. Getting enough votes and president sign desn't seem to be a problem at least now. Talking to committee members and convincing them will help rather than co-sponsors.

Grassely may be convinced this time as the H1B program kept getting fixed and seems to be solid. I don't think his decision matters, if the majority committee members agree.

According to Breitbart Sen.Grassley is going to reintroduce his H-1b reform bill. In the past Sen.Durbin has co-sponsored this effort. A lot of fixes to the H-1 b program have been administrative discretionary fixes which are subject to legal challenges and may easily be reversed by future administrations. If written into law then these changes will be more long lasting. The reason this has not happened so far is because if the loopholes in the program are closed there will certainly be calls for increasing the annual numbers which the immigration Hawks do not want

[tatikonda]

Having 193 cosponsors means nothing
I agree H.R.392 had 329 cosponsors but the bill never made it to house voting floor. I know how frustating it can be. House Speaker never brought this bill to floor. Republican speakers John Boehner/Paul Ryan stood on their word not to bring any immigrations bills, not sure what is Nancy's stand.

Senate is more complicated than House. their productivity is much less than Reps. nevertheless, I have no other options to think positive and stay happy.




Now, it has moved upto 193, adding 10 more co-sponsors.
But as we all know sponsoring and signatures is one step, and putting the bill for vetoes and passing is another thing.

[srimurthy]

Having 193 cosponsors means nothing
I agree H.R.392 had 329 cosponsors but the bill never made it to house voting floor. I know how frustating it can be. House Speaker never brought this bill to floor. Republican speakers John Boehner/Paul Ryan stood on their word not to bring any immigrations bills, not sure what is Nancy's stand.

Senate is more complicated than House. their productivity is much less than Reps. nevertheless, I have no other options to think positive and stay happy.
I doubt this will hit the house floor. Anything that is not addressing illegal immigration will not come up for voting in the house.
Recently when I reached out to my Congresswomen for the bills on legal immigration and also petitions for H4EAD.... this is what the reply was
****
CALLING OUT HYPOCRISY ON IMMIGRATION POLICY

Each year at the State of the Union, Members of Congress invite guests that call attention to the need to pass legislation on a variety of policy fronts. This year, my guest was Victorina Morales, a resident of Bound Brook, New Jersey and an undocumented immigrant formerly employed by the Trump National Golf Club in Bedminster. For 35 days, critical agencies closed because, according to the President, "year after year, countless Americans are murdered by criminal illegal aliens." I invited Victorina to demonstrate two things: that immigrants, by and large, are law abiding and hardworking, and that the President’s own organization was happy to hire them for that very reason. I support immigration reform that includes a pathway to citizenship for constituents like Victorina, permanent protections for Dreamers, and reforms that acknowledge a fundamental fact: we are, and have always been a nation of immigrants and we’re stronger thanks to their contributions.

****

I feel they are just looking at brownie points and I can understand as addressing anything to do with illegal immigrants already here will add any where between 5 to 10 mil to the vote bank.

[HarepathekaIntezar]

https://www.forbes.com/sites/stuartanderson/2019/03/21/uscis-creates-chaos-with-last-minute-h-1b-visa-announcement/?utm_source=quora&utm_medium=referral#74f53eb5183e

[gs1968]

I doubt this will hit the house floor. Anything that is not addressing illegal immigration will not come up for voting in the house.
Recently when I reached out to my Congresswomen for the bills on legal immigration and also petitions for H4EAD.... this is what the reply was
****
CALLING OUT HYPOCRISY ON IMMIGRATION POLICY

Each year at the State of the Union, Members of Congress invite guests that call attention to the need to pass legislation on a variety of policy fronts. This year, my guest was Victorina Morales, a resident of Bound Brook, New Jersey and an undocumented immigrant formerly employed by the Trump National Golf Club in Bedminster. For 35 days, critical agencies closed because, according to the President, "year after year, countless Americans are murdered by criminal illegal aliens." I invited Victorina to demonstrate two things: that immigrants, by and large, are law abiding and hardworking, and that the President’s own organization was happy to hire them for that very reason. I support immigration reform that includes a pathway to citizenship for constituents like Victorina, permanent protections for Dreamers, and reforms that acknowledge a fundamental fact: we are, and have always been a nation of immigrants and we’re stronger thanks to their contributions.

****

I feel they are just looking at brownie points and I can understand as addressing anything to do with illegal immigrants already here will add any where between 5 to 10 mil to the vote bank.

Srimurthy

I was reminded of your post when I saw this headline yesterday

https://www.politico.com/story/2019/04/03/kamala-harris-dreamers-congress-1249956

Sen.Harris is also an original co-sponsor of s.386 and is trying to get every angle covered in her presidential quest. Even on the house side since the introduction of HR 1044 there have been numerous bills introduced including HR6 dealing with illegal immigration. Reps. Suozzi and King will be introducing their bipartisan bill soon dealing with the same issue. I feel that there are too many competing interests at this point just muddying the waters.As you said it is hard to avoid thinking that the fate of any individual bill is closely linked to the prospects of another one. HPK had mentioned that if the HR1044 provisions were not included in the recently passed DHS appropriations Bill it would be a long grind and he was probably on to something there

[gs1968]

I just read that the USCIS director Frank Lee Cissna will also be leaving his post soon. His viewpoints on the country cap elimination is well known and his tenure has been marked by significant administrative changes to immgration. Unfortunately we have no details yet on his successor and whether things will actually get worse

[tatikonda]

Guys,

I know you guys are doing great with crunching numbers and guesstimations but there is literally huge demand and spillover is getting smaller and smaller.
in 2019, we are discussing when 2009 will be cleared, 10 years of waiting...

Only hope is some legislative actions.. I know you guys are tried of seeing failed bills.
we need to have faith and support HR1044, this is only bill which is having little chance.

According to new rules, if a bill has 290 sponsors, it should come to voting floor.
this bill is already having 259 sponsors, so 31 more to go.
call your Representative and ask to support.

Thanks


All,

I am having a priority date of May 2011 in EB3I and was trying to figure out the possibility of me able to file my I-485 to get the EAD (At the moment even EAD will do it).

Now, between April 2010 and May 2011, I see the total PERM applications (eb2+eb3 combined) as 31063. I am reducing this number by 30% due to duplicate filings, spouse having a separate PERM and so on. This would make me arrive at 21744 PERMs.

It seems for EB2, USCIS considers 1 dependent for every primary and EB3 the ratio is 2.1. I think from 21744, the ratio of EB3 would be 25% vs 75% for EB2.

So,
EB3 = 5436 * 2.1 = 11415
EB2 = 16308 * 2 = 32616

Can I assume I have in total 44032 people waiting ahead of me?

Scenario #1 (One queue)
EB2+EB3 Visas = 5616 Visas per year. It would take ~8 more years to file my I-485 44032 / 5616)?

Scenario #2
EB3: 11415 + 8154 EB2 Downgrades (I will cap this @25% of 32616) = 19569
Considering, we get a combined total of 9000 Visas each year (including spillover), it would take 2.2 Years(approx Q1 OF 2022) for EB3I?

Scenario #3
EB3: 11415 + 13046 EB2 Downgrades (I will cap this @40% of 32616) = 24461
Considering, we get a combined total of 9000 Visas each year(including spillover), it would take 2.7 Years (approx Q2 OF 2022) for EB3I?

The only unknown is the FAD for both Eb2 and EB3 for this FY. I will have to add 8 / 2.2 / 2.7 years from the day the FAD reaches APRIL 2010.

I understand this is all a guesstimate but is my analysis accurate or I am missing something obvious?

Please feel free to correct or provide your feedback. Thanks

[tatikonda]

Hi All,

In, 115th Congress - Bill # HR 392 was co-sponsored by 329 House Representatives.
153 Republicans supported it, same bill now renamed as HR1044 is having 259 cosponsoro but only 80 Republicans.
please look at your distict HR and see if they agreed to sponsoror this new bill, if not give a call.. tell them his/her predecessor supported it.



https://www.congress.gov/bill/116th-congress/house-bill/1044

https://www.congress.gov/bill/115th-congress/house-bill/392/cosponsors?q=%7B%22search%22%3A%5B%22hr392%22%5D%7 D&r=2&s=3

[gs1968]

https://www.rollcall.com/news/congress/house-schedule-for-coming-work-period

This is the outline for May. Immigration seems to be very low on the agenda

[HarepathekaIntezar]

Check this out

https://www.am22tech.com/path-to-citizenship-for-h1b-visa-holders/

[idliman]

Check this out

https://www.am22tech.com/path-to-citizenship-for-h1b-visa-holders/
I think DT is trying to woo voters or trying to soften the blow of votes against him. Before people get very excited, please remember that democrats control the house. Democrats fully support family based immigration and the congressional black caucus is against removal of DV lottery. Please don't get excited. The immigration problem in the country is like the lack of trust between Palestinians and Israelis (or say Ind-Pak or N.Korea-S.Korea). Fundamentally a lot of things need to change and unless both parties realize that they are both losing they will not come to a deal. I suspect all movements from now till 2020 elections are vote bank politics. Just my opinion.

[rohanvus]

i echo your comments . Its a like deja vu moment - the cycle repeats itself during re-election season if history is any indication . Lets not put much money on this only to be disappointed at the end

[NJMavarick]

There is no political will to do CIR. Given the fact that democrats control the house and POTUS up for re-election, this is never going to pass. I am trying to be a realist out here. Immigration seems to be like the "Ayodhya" issue in India. Keep raising it to get votes every election and then kick the can down the road. The cycle keeps repeating.

I am also amazed by the various organizations like SIIA / IV who have put in a lot of effort to get the "removal of country quota" bill passed. Unfortunately, its a David vs Goliath battle. I have done my bit but we are the modern day slaves and the Attorney lobby or ITServe alliance will ensure that it never gets passed. <sigh> the times we live in.

[sudiva]

Thank you idliman, rohanvus and NJMavarick for your words of wisdom. Your time spent to write this up are very much appreciated to keep all of us firm on the ground. Thank you.

[HarepathekaIntezar]

https://news.yahoo.com/border-security-green-card-changes-drive-trump-proposal-040344372--politics.html

[idliman]

Thank you idliman, rohanvus and NJMavarick for your words of wisdom. Your time spent to write this up are very much appreciated to keep all of us firm on the ground. Thank you. I forgot to mention another important thing that crossed my mind. The president's proposal does not say a word about DACA. DACA is the elephant in the room and the president/GOP wants to pretend that it is not there because it is a difficult issue. These DACA kids are very knowledgeable and motivated. They will create so much noise that no one can ignore them. They have the masses to do it. I don't blame them, they have every right to fight. Just another point to note that all this hype is just vote bank politics.

[gs1968]

I just saw a tweet that at the rules committee meeting today for the Dream Act, Rep. Lofgren mentioned that the Democrats plan to move HR 1044 after the Dream and Promise act is passed. She didn't want to mix up daca and legal dreamers. No definite timeline offered except a promise

[NJMavarick]

I just saw a tweet that at the rules committee meeting today for the Dream Act, Rep. Lofgren mentioned that the Democrats plan to move HR 1044 after the Dream and Promise act is passed. She didn't want to mix up daca and legal dreamers. No definite timeline offered except a promise

Isn't it amazing that DACA is preferred over the legal folks! This shows their priorities. Anyways, I think it will be stalled in the Senate. Politics at its best.

[iatiam]

Isn't it amazing that DACA is preferred over the legal folks! This shows their priorities. Anyways, I think it will be stalled in the Senate. Politics at its best.
Actually it won't be introduced at all. Forget about stalling

[gs1968]

IV is reporting a breakthrough in negotiations for this Bill. Senator Grassley has added H-1b amendments which were filed today. Hopefully there is light at the end of the tunnel

[abcx13]

Seems very positive if Grassley supports it? I wonder when it will come up for vote.

[gs1968]

Seems very positive if Grassley supports it? I wonder when it will come up for vote.

If this is indeed true then it must be sooner rather than later. If the other members of the judiciary committee have no objections then the Senate can discharge the committee of it's responsibility and pass it through the whole chamber. If it reaches this point then it will either be passed by voice vote or unanimous consent. Waiting to vote will complicate matters further

[idliman]

Per CBS News: "Trump says millions in U.S. illegally to be deported starting next week". President DT waves a paper and says he has a secret deal with Mexico. Let the politics play out. To raise his poll numbers, he has to motivate his base. He came to power on a strong anti-immigration agenda and I guess he has and will take it to another extreme. In light of all these things, how can we expect HR 1044 to move realistically?

[gs1968]

I did not want to start a thread for this purpose and since this thread clearly deals with legal immigration I felt this would be the best place to post this.
Firstly I think the time has come for HR1044 and similar bills and the ground has clearly shifted in its favor. One would hope that after 11 years of introducing bills with the same language there would be some understanding among Congressmen about the issues and implications favoring passage. I was still hoping that it would be a clean bill without all the H-1B provisions but if that is what it takes then it is what it is. Things will get complicated further if Rep.Lofgren attempts to add her H-1B reform package from 2017

https://lofgren.house.gov/sites/lofgren.house.gov/files/migrated/UploadedFiles/High_Skilled_Bill_SxS_and_Analysis_-1-2017__final.pdf

On a different note I saw this table in my news feed and was stunned by the numbers. I am sure the number crunchers in this forum are already aware of its existence but I focus more on legislation and less on procedure

https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/BAHA/Top-30-H-1B-Employer-Table-FY-2018.pdf

The outsourcing firms that were dominant till about 5-6 years ago have slowed it down to a trickle. I remember an article on the NFAP website by Stuart Anderson mentioning this a few years ago but I did not realize the magnitude of the decline. The immediate instinct is to blame President Trump but it appears like the slowdown was already happening prior to his term. For comparison here are some stats from FY 2014

https://www.epi.org/blog/top-10-h-1b-employers-are-all-it-offshore-outsourcing-firms-costing-u-s-workers-tens-of-thousands-jobs/

Out of curiosity I searched the USCIS database of employers and sequentially the numbers have trended down from that time point (2014) . If this indeed true I fear for the multiple temples,Apna Bazaars and subzimandis that have opened up hoping this stream would flow forever. I am not in the IT field but I was hoping somebody could shed light on what the reasons were. The NFAP piece seems to suggest a change in the business model and the changing technology landscape. Is this just a temporary blip or more of a systemic structural change? If this is true the future immigrant flows will have to be derived from STEM graduates of American Universities

[abcx13]

I did not want to start a thread for this purpose and since this thread clearly deals with legal immigration I felt this would be the best place to post this.
Firstly I think the time has come for HR1044 and similar bills and the ground has clearly shifted in its favor. One would hope that after 11 years of introducing bills with the same language there would be some understanding among Congressmen about the issues and implications favoring passage. I was still hoping that it would be a clean bill without all the H-1B provisions but if that is what it takes then it is what it is. Things will get complicated further if Rep.Lofgren attempts to add her H-1B reform package from 2017

https://lofgren.house.gov/sites/lofgren.house.gov/files/migrated/UploadedFiles/High_Skilled_Bill_SxS_and_Analysis_-1-2017__final.pdf

On a different note I saw this table in my news feed and was stunned by the numbers. I am sure the number crunchers in this forum are already aware of its existence but I focus more on legislation and less on procedure

https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/BAHA/Top-30-H-1B-Employer-Table-FY-2018.pdf

The outsourcing firms that were dominant till about 5-6 years ago have slowed it down to a trickle. I remember an article on the NFAP website by Stuart Anderson mentioning this a few years ago but I did not realize the magnitude of the decline. The immediate instinct is to blame President Trump but it appears like the slowdown was already happening prior to his term. For comparison here are some stats from FY 2014

https://www.epi.org/blog/top-10-h-1b-employers-are-all-it-offshore-outsourcing-firms-costing-u-s-workers-tens-of-thousands-jobs/

Out of curiosity I searched the USCIS database of employers and sequentially the numbers have trended down from that time point (2014) . If this indeed true I fear for the multiple temples,Apna Bazaars and subzimandis that have opened up hoping this stream would flow forever. I am not in the IT field but I was hoping somebody could shed light on what the reasons were. The NFAP piece seems to suggest a change in the business model and the changing technology landscape. Is this just a temporary blip or more of a systemic structural change? If this is true the future immigrant flows will have to be derived from STEM graduates of American Universities

I think outsourcing growth is slowing down and then probably also more L1s and EB1Cs instead of H1Bs?

[gs1968]

I think outsourcing growth is slowing down and then probably also more L1s and EB1Cs instead of H1Bs?

I thought that too but then I found this table on the USCIS website and the number of L-1s is less than the H-1B numbers

https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/BAHA/L_FY17_Approved_Petitions_010918.pdf

The significance of this is that once the current backlog is cleared with HR1044 passing hopefully the composition of the inventory might look a lot different.

[abcx13]

I thought that too but then I found this table on the USCIS website and the number of L-1s is less than the H-1B numbers

https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/BAHA/L_FY17_Approved_Petitions_010918.pdf

The significance of this is that once the current backlog is cleared with HR1044 passing hopefully the composition of the inventory might look a lot different.

Interesting, I did not realize that!

See this also: https://economictimes.indiatimes.com/nri/visa-and-immigration/h-1b-premium-processing-has-few-takers-among-indian-it/articleshow/69850507.cms

And this: https://economictimes.indiatimes.com/nri/visa-and-immigration/new-us-bill-seeks-to-end-optional-practical-training/articleshow/69832748.cms

[tatikonda]

True, but anyway this possibility is years away, with most of our kids not even in teens I presume. Its way better to go abroad for a year and try for EB1C. I was hopeful for many years, now the hope is dead

HR1044 is our hope. With 309 Cosponsors, The Bill is requested to put on consensus calendar.
https://www.congress.gov/bill/116th-congress/house-bill/1044/all-actions
This should come for voting shortly.
Also IV - Immigration voice claims that, they have inside information that deal is completed in senate to pass this bill.

Motion to place bill on Consensus Calendar filed by Ms. Lofgren.
Action By: House of Representatives

[NJMavarick]

HR1044 is our hope. With 309 Cosponsors, The Bill is requested to put on consensus calendar.
https://www.congress.gov/bill/116th-congress/house-bill/1044/all-actions
This should come for voting shortly.
Also IV - Immigration voice claims that, they have inside information that deal is completed in senate to pass this bill.

Motion to place bill on Consensus Calendar filed by Ms. Lofgren.
Action By: House of Representatives

I am cautiously optimistic. Just wondering, what is stopping another Senator from putting a hold on this bill? Does it also have to pass the senate appropriations committee?

House is a done deal if it comes to vote. Kudos to all those who work relentlessly towards the passage of this bill.

[newyorker123]

@NJMaverick/@tatikonda, I admire your optimism, but I have seen enough over past few years to know that HR1044 will NOT pass

[NJMavarick]

@NJMaverick/@tatikonda, I admire your optimism, but I have seen enough over past few years to know that HR1044 will NOT pass

Given the past history, I totally understand why this bill MAY not pass but with the H1B amendments and Grassley being on board this COULD see the finish line. Time will tell.

[jimmys]

HR1044 is our hope. With 309 Cosponsors, The Bill is requested to put on consensus calendar.
https://www.congress.gov/bill/116th-congress/house-bill/1044/all-actions
This should come for voting shortly.
Also IV - Immigration voice claims that, they have inside information that deal is completed in senate to pass this bill.

Motion to place bill on Consensus Calendar filed by Ms. Lofgren.
Action By: House of Representatives

https://www.congress.gov/bill/115th-congress/house-bill/392

With 329 cosponsors this H.R.392 in previous congress went nowhere. Based on past history, this bill H.R.1044 may meet the same fate.

309 cosponsors doesn't guarantee 309 votes when it comes to vote in the house.

[Turbulent_Dragonfly]

As long as Stephen Miller is around, he will not let any changes to immigration quotas happen unless it involves cutting down numbers.

[iatiam]

https://www.congress.gov/bill/115th-congress/house-bill/392

With 329 cosponsors this H.R.392 in previous congress went nowhere. Based on past history, this bill H.R.1044 may meet the same fate.

309 cosponsors doesn't guarantee 309 votes when it comes to vote in the house.

Hmmm Why not? It would be weird to co-sponsor the bill and not vote against it.

Also, the the main opposition to the bill in Senate in 2011 came from two people - Grassley and Sessions. Grassley has added the amendment so I don't see any issue there and Sessions is no longer there. This is the best progress this bill has had in about 8 years.

Iatiam

[smuggymba]

This time the house rules are different under Pelosi and there's something called a "Consensus Calendar" so this HAS to come up for discussion and there's plenty of time this time since it's the beginning of the 116th congress. In the past this bill was always brought up towards the end but this time that's not the case.

Some positive points:

Plenty of time for the 116th congress to end.
Grassley on board
Consensus calendar (new rules)
30+ co-sponsors in the Senate as well.

So, I'm optimistic but in politics anything can happen.

[aquatican]

lol this bill is like the 'boy who cried wolf' 15 times. i now just ignore the boy.

[idliman]

This time the house rules are different under Pelosi and there's something called a "Consensus Calendar" so this HAS to come up for discussion and there's plenty of time this time since it's the beginning of the 116th congress. In the past this bill was always brought up towards the end but this time that's not the case.

Some positive points:

Plenty of time for the 116th congress to end.
Grassley on board
Consensus calendar (new rules)
30+ co-sponsors in the Senate as well.

So, I'm optimistic but in politics anything can happen.
I would keep an eye on 01OCT19. Then the budget craziness will begin. The chance is from now till OCT for this bill in house. Good Luck!

[idliman]

This time the house rules are different under Pelosi and there's something called a "Consensus Calendar" so this HAS to come up for discussion and there's plenty of time this time since it's the beginning of the 116th congress. In the past this bill was always brought up towards the end but this time that's not the case.

Some positive points:

Plenty of time for the 116th congress to end.
Grassley on board
Consensus calendar (new rules)
30+ co-sponsors in the Senate as well.

So, I'm optimistic but in politics anything can happen.
I am sure some of you know that Rand Paul objected to "unanimous consent" for Fairness bill in Senate. When the bill gets closer to the finish line all the wolves in sheep's clothing will come out and show their true colors. Just keep trying and Just keep fighting.

https://www.deseretnews.com/article/900077471/mike-lee-kamala-harris-rand-paul-immigration-reform-bill-blocked.html

[canada]

Agree with Aceman. We are kept in the dark without any information. Enough of analyzing. I don’t belong to Immigration voice or work for them but there are two bills- in Senate S.386 and in the House -H.R. 1044. Call your lawmakers today if you have not done it. I have called my Senator Tim Kaine of my State Virginia. The other Virginian Senator Mark Warner already supports S386 and 9 of my state congressmen support the 1044. This is our last chance and no more wasting time in guessing.

[gs1968]

According to this report the Bill is close to passing
https://www.breitbart.com/economy/2019/07/03/h-1b-lobbyist-u-s-critics-are-racist-for-opposing-stealth-transfer-of-college-grad-jobs-to-indian-migrants/

It is unclear if the tactic will work but we will see

[idliman]

According to this report the Bill is close to passing
https://www.breitbart.com/economy/2019/07/03/h-1b-lobbyist-u-s-critics-are-racist-for-opposing-stealth-transfer-of-college-grad-jobs-to-indian-migrants/

It is unclear if the tactic will work but we will see
The latest from Bloomberg law.

https://news.bloomberglaw.com/daily-labor-report/green-card-cap-legislation-remains-blocked-despite-h-1b-deal

One of the key wording from this article is:
Paul is one of several senators—both Republican and Democratic—with a hold on the bill, making its future uncertain. For Democrats, the chief concern is that the bill would reallocate green cards among immigrants of different nationalities without increasing green cards to accommodate all workers seeking one, according to a Democratic aide.

When it comes to immigration, things are very complicated.

[idliman]

Please read the article above. Rand Paul wants an exception for Philipino Nurses. That's why he's "hold"ing this bill. We don't know what the other senators who are "hold"ing the bill want. If we are addressing and opposing Rand Paul it won't be enough. The fact is that there was not even a hearing on this bill in Senate. For this bill to pass, you need to start hearing support from big wigs like Donald Trump, Mitch, Nancy, etc. The goal posts are constantly moving as far as this bill is considered.

[gs1968]

Please read the article above. Rand Paul wants an exception for Philipino Nurses. That's why he's "hold"ing this bill. We don't know what the other senators who are "hold"ing the bill want. If we are addressing and opposing Rand Paul it won't be enough. The fact is that there was not even a hearing on this bill in Senate. For this bill to pass, you need to start hearing support from big wigs like Donald Trump, Mitch, Nancy, etc. The goal posts are constantly moving as far as this bill is considered.

I was surprised to read this article. Laura Francis is a credible reporter and has focused on H-1B and H4 EAD. Bloomberg is generally factual unlike Breitbart which is scaremongering The only issue is the number of anonymous sources in the article but it is possible that she was not allowed to divulge them in exchange for the information. She has been the subject of significant social media abuse today and I don't see a response from her. The Democratic section that opposes this Bill was already described in an article in April.

https://www.ozy.com/politics-and-power/the-new-dreamers-democrats-cant-agree-on/93741

[apniceone]

Seems house bill is scheduled for next week:

https://docs.house.gov/floor/

[qesehmk]

Many of you are quite accomplished, intelligent and rational people. I am amazed why can't you guys see that the status quo works for literally everybody except backlogged candidates.
1) The Corporations - Status quo gives them cheap high quality reliable labor
2) The State Dept - For some reason the DoS is not quite thrilled to see higher level of immigration from India. Perhaps it's the cold war mindset. So status quo works for them.
3) The Lawyers - Backlog creates opportunities to work with Tech companies ... more lucrative option than other industries. Besides they dont want to go against state dept and dhs.
4) The American Public - They are least interested in seeing any immigration increase ... much less Indians the white collar job thieves!
5) The Politicians - They just go with #1 and #4. Some of them also have #2 on mind.

So my friends --- tell me where is the place for any advocacy?

The only thing that may work is "JUSTICE". US is still the land of justice. Go make your case and fight for it based on discrimination. IV deserves the credit for at least trying really really hard. But my friends ... you have wasted years upon years trying to solve this using Advocacy. A decade has gone by.

Now try something else.

[gs1968]

To Canada
It is just the nature of lobbying in the USA. It is a game of continuous cat and mouse. The organizations opposing this legislation also work behind the scenes and keep their cards close to their chest. It is positive that the House Bill has come up for a vote on Wednesday. The strategy has probably been thought out in private but seems to be shifting on a reactive basis. Two weeks ago it was placed on the consensus calendar to be taken up in the fall and suddenly placed on a suspension calendar for this week. It appears like it is the base Bill with no amendments that is being voted on and does not include the Grassley Amendment but other forum members can clarify this.Per House rules no floor amendments can be offered under suspension but the sponsor of the Bill can offer amendments while making the motion to offer the Bill under suspension which I don't think happened in this case. This is not in line with the Bill in the Senate for which the UC was asked for 10 days ago which included the Grassley Amendment and was blocked. This could mean so many things.
1. The House expects quick and decisive movement in the Senate with a one or more additional amendments and returned to the House for concurrence (Best Possible Scenario). However in that case why not wait for the Senate to pass the Bill first and not have the House do it twice? The procedure for unanimous consent and not taking up floor time in the Senate is the same for House and Senate Bills

2. This has been Rep.Lofgren's dream since 2008 and having spent most of the time in the minority since then this would be her first opportunity to move the Bill forward. She has no control over what happens in the Senate and may want to move it out of the House before the summer recess when opposition can mount. The suspension route needs 290 members and if 21 congressmen change their mind this route may no longer be available. Very unlikely and I really feel that the final vote tally will be a lot more favorable

3.The push may also be because of the effective date of the Bill which is October 2019

4. Maybe apply pressure in the Senate on all the people who are holding this up. The senate has made numerous attempts to clean up the Hold process but a lot of these are still being done informally
This from a CRS report a few years ago

"A second challenge to hold regulation involves the nature of the transmission itself. Both recent proposals address a particular kind of communication: a letter written and delivered to a Senator’s party leader that expresses some kind of reservation about the timing or merits of a particular proposal or nomination. Hold requests might be conveyed in less formal ways as well; in a telephone call to the leader’s office, for instance, or in a verbal exchange that occurs on or off the Senate floor. An objection to a unanimous consent request transmitted through the “hotline” represents another common method of communicating preferences to Senate leaders.18Some Senate offices have circulated “Dear Colleague” letters specifying certain requirements legislation must adhere to in order to avoid a hold being placed. It remains unclear, however, whether or not these alternative forms of communication fall within the purview of recent hold reforms"

The Bloomberg report says that there are additional holds and while this may very well be true there is no way of confirming this. There are numerous Bills on Hold but the senate legislative calendar only lists one item. Sometimes only the lead sponsor or the chairman of the affected committee knows who these holds are. See an example below

https://www.rollcall.com/news/congress/retirement-bill-remains-stalled-amid-republican-holds-senate

Interestingly it was mentioned that Sen.Lee was one of the holds of the retirement Bill above according to Politico but could not be confirmed

We will wait and see

[canada]

To Canada
It is just the nature of lobbying in the USA. It is a game of continuous cat and mouse. The organizations opposing this legislation also work behind the scenes and keep their cards close to their chest. It is positive that the House Bill has come up for a vote on Wednesday. The strategy has probably been thought out in private but seems to be shifting on a reactive basis. Two weeks ago it was placed on the consensus calendar to be taken up in the fall and suddenly placed on a suspension calendar for this week. It appears like it is the base Bill with no amendments that is being voted on and does not include the Grassley Amendment but other forum members can clarify this.Per House rules no floor amendments can be offered under suspension but the sponsor of the Bill can offer amendments while making the motion to offer the Bill under suspension which I don't think happened in this case. This is not in line with the Bill in the Senate for which the UC was asked for 10 days ago which included the Grassley Amendment and was blocked. This could mean so many things.
1. The House expects quick and decisive movement in the Senate with a one or more additional amendments and returned to the House for concurrence (Best Possible Scenario). However in that case why not wait for the Senate to pass the Bill first and not have the House do it twice? The procedure for unanimous consent and not taking up floor time in the Senate is the same for House and Senate Bills

2. This has been Rep.Lofgren's dream since 2008 and having spent most of the time in the minority since then this would be her first opportunity to move the Bill forward. She has no control over what happens in the Senate and may want to move it out of the House before the summer recess when opposition can mount. The suspension route needs 290 members and if 21 congressmen change their mind this route may no longer be available. Very unlikely and I really feel that the final vote tally will be a lot more favorable

3.The push may also be because of the effective date of the Bill which is October 2019

4. Maybe apply pressure in the Senate on all the people who are holding this up. The senate has made numerous attempts to clean up the Hold process but a lot of these are still being done informally
This from a CRS report a few years ago

"A second challenge to hold regulation involves the nature of the transmission itself. Both recent proposals address a particular kind of communication: a letter written and delivered to a Senator’s party leader that expresses some kind of reservation about the timing or merits of a particular proposal or nomination. Hold requests might be conveyed in less formal ways as well; in a telephone call to the leader’s office, for instance, or in a verbal exchange that occurs on or off the Senate floor. An objection to a unanimous consent request transmitted through the “hotline” represents another common method of communicating preferences to Senate leaders.18Some Senate offices have circulated “Dear Colleague” letters specifying certain requirements legislation must adhere to in order to avoid a hold being placed. It remains unclear, however, whether or not these alternative forms of communication fall within the purview of recent hold reforms"

The Bloomberg report says that there are additional holds and while this may very well be true there is no way of confirming this. There are numerous Bills on Hold but the senate legislative calendar only lists one item. Sometimes only the lead sponsor or the chairman of the affected committee knows who these holds are. See an example below

https://www.rollcall.com/news/congress/retirement-bill-remains-stalled-amid-republican-holds-senate

Interestingly it was mentioned that Sen.Lee was one of the holds of the retirement Bill above according to Politico but could not be confirmed

We will wait and see


We are the recipients of most number of H1Bs and have highest income by race, country in US but still cannot pay for lobbying or raising awareness to these decades of uncertainty— that is a real shame on us - Indians... we should have spent more money on lobbying rather than negative passing comments against IV. I did send some money to them with the hope it may workout.

A neighbor of mine working in US along with his wife lost jobs- in the same company- both US born kids and wife left to India while the husband is searching for a job... put the house on sale, sold all the furniture... I have job security as I am in medical field but it’s heartbreaking to see such an incident happen... they waited in the queue for 10 years so far with 2012 PD - EB2. Why should this uncertainty continue in your lives?

[gs1968]

To Canada
Totally agree. Unfortunately Congress is still grappling with laws created in 1990 and an extreme reluctance to raise annual green card limits. If there was an easier fix it would have happened by now. Average generation length is 33 years and we are almost there by now. In FY 2017 EB categories were 12% of total immigration and was less than the refugee/asylee numbers. In 2017 the total births were 3,855,500 and deaths were 2,813,503 and the natural increase in population was only 1,041,997 and was the lowest increase recorded. Also the births are coming down and deaths are climbing due to the baby boomer generation aging. The birth rate may rebound but it is not far off the all time high of 4.3 million in 2007. Our neighbors to the north have already realized this and accelerated their immigration program.In 2018 the total Canadian births were 385,777 and the deaths were 279,936 with only a natural increase of 105,841 in a country of 33 million.Our lawmaking is not as nimble to do this and we are stuck with quotas from 29 years ago.
To add more context to this- when the original quotas were decided in 1990 the 140000 number was 0.0006% of the population then of 248 million. The 140000 today represents 0.0004% of the population of 330 million. With every passing year the percentage diminishes and Congress could easily double the annual number and all grievances would be taken care of. But every politician who has championed country caps elimination (Chaffetz,Lamar Smith,Lee) have done so strongly insisting that the only reason they support it is because it does not increase annual GCs.
I apologize for all the statistical noise but demography is destiny and our leadership is unfortunately not far-sighted at this point

[canada]

To Canada
Totally agree. Unfortunately Congress is still grappling with laws created in 1990 and an extreme reluctance to raise annual green card limits. If there was an easier fix it would have happened by now. Average generation length is 33 years and we are almost there by now. In FY 2017 EB categories were 12% of total immigration and was less than the refugee/asylee numbers. In 2017 the total births were 3,855,500 and deaths were 2,813,503 and the natural increase in population was only 1,041,997 and was the lowest increase recorded. Also the births are coming down and deaths are climbing due to the baby boomer generation aging. The birth rate may rebound but it is not far off the all time high of 4.3 million in 2007. Our neighbors to the north have already realized this and accelerated their immigration program.In 2018 the total Canadian births were 385,777 and the deaths were 279,936 with only a natural increase of 105,841 in a country of 33 million.Our lawmaking is not as nimble to do this and we are stuck with quotas from 29 years ago.
To add more context to this- when the original quotas were decided in 1990 the 140000 number was 0.0006% of the population then of 248 million. The 140000 today represents 0.0004% of the population of 330 million. With every passing year the percentage diminishes and Congress could easily double the annual number and all grievances would be taken care of. But every politician who has championed country caps elimination (Chaffetz,Lamar Smith,Lee) have done so strongly insisting that the only reason they support it is because it does not increase annual GCs.
I apologize for all the statistical noise but demography is destiny and our leadership is unfortunately not far-sighted at this point


You don’t have to apologize for the figures you mentioned but it actually helped me ( hopefully foe others who are not aware of) understand that it’s the lawmakers in Congress who needs to understand how less these immigration figures compared to the total population. Thanks for writing. I called Rand Paul office today and also called my state senator Tim Kaine’s office requesting for the feedback from him as I have not heard from their office since the last week( I was promised that I would hear from them by the end of th day and they don’t call me I will call back tomorrow)

I worked in England( 2010) didn’t take the permanent residence- my mistake, got Canadian PR( July 2015) didn’t move there hoping my August 2009 dates will be current by now. Visa free Travel, freedom from working full time to a particular employer is what I am looking for.

[GCkaLADDU]

I don't know why people think its going on floor today. Its planned for tomorrow per the house calendar here:

https://www.majorityleader.gov/content/weekly-leader-friday-july-5-2019

[smuggymba]

We are the recipients of most number of H1Bs and have highest income by race, country in US but still cannot pay for lobbying or raising awareness to these decades of uncertainty— that is a real shame on us - Indians... we should have spent more money on lobbying rather than negative passing comments against IV. I did send some money to them with the hope it may workout.

A neighbor of mine working in US along with his wife lost jobs- in the same company- both US born kids and wife left to India while the husband is searching for a job... put the house on sale, sold all the furniture... I have job security as I am in medical field but it’s heartbreaking to see such an incident happen... they waited in the queue for 10 years so far with 2012 PD - EB2. Why should this uncertainty continue in your lives?

I hope the bill passes today in the house but learned a lot from this over the last 3-4 days of talking about this bill with friends and colleagues who are directly impacted.

My friends who have been waiting for over 10 years with their wives on H4, won't even call the congressman's office, forget about donating 25 or 50 dollars. They say - nothing will happen, we have to suffer, we can't do anything. At every dinner party, they are crying about this injustice :(

It's blows my mind, why can't someone pick up the phone and make a FREE call which took me 45 seconds to do. No wonder we were ruled by the British, Indians in general (majority) are laid back and don't really want to do anything with a subservient mindset, forget about donating 25 dollars. Some, on the other hand want to make a difference but they are a small number and in immigration NUMBERS count, which we don't have.

The illegals, nurses, gas station employees can raise more money/resources and generate more impact then us high earning individuals.

[idliman]

House Floor Activities
Legislative Day of July 10, 2019
2:51:37 P.M. H.R. 1044 Ms. Lofgren moved to suspend the rules and pass the bill, as amended. H.R. 1044 — "To amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other purposes."
2:51:45 P.M. H.R. 1044 Considered under suspension of the rules.
2:51:46 P.M. H.R. 1044 DEBATE - The House proceeded with forty minutes of debate on H.R. 1044.
3:24:54 P.M. H.R. 1044 At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

Looks like H.R. 1044 will easily pass the required number of 290 yea votes. While this doesn't mean anything without senate action, at least it will give some good vibes.

[mcmilers]

what are the next steps if the bill passes? will it even make it to the senate floor?

[GCkaLADDU]

what are the next steps if the bill passes? will it even make it to the senate floor?

The bill has passed the house.

[mcmilers]

yes. Wondering whats next. does it even have a future in the Senate?

[GCkaLADDU]

Well. Senate would be a slippery ride provided Mitch even allows a vote.

However

"This will be the first time the bill has made it through either house of Congress since 2011 - Laura D. Francis@Twitter"
‏

[smuggymba]

Well. Senate would be a slippery ride provided Mitch even allows a vote.

However

"This will be the first time the bill has made it through either house of Congress since 2011 - Laura D. Francis@Twitter"
‏

Senate will be tricky but at least we got passed the first hurdle.

I do agree with Q, if we fail this time, the only option is Judiciary.

BTW, does anyone know about the chinese lawsuit related to EB category; what happened to that?

[bluelabel]

BTW, does anyone know about the chinese lawsuit related to EB category; what happened to that?

https://cis.org/North/USCIS-Wins-Big-EB5-Court-Case

[imdeng]

So this just happened: https://www.cato.org/blog/sen-pauls-believe-act-raises-skilled-migration-without-tradeoffs

Its a dream bill. Have no idea what the chances of it becoming law ever is (I would assume very very low) - but still encouraging to see this coming from Rand Paul after his recent hold on the Senate bill removing country caps.

[Raj0687]

If your state senator is not cosponsored S.386 yet, please consider calling or emailing.

https://www.senate.gov/senators/How_to_correspond_senators.htm