S386 GOP Politics and Sen. Durbin

What exactly does preserving status of kids mean? They get GC when parent gets GC (which is decades away)? Until then they are on H4? And if they have to go to college, they have to apply as a foreign student who doesn't get financial aid? That seems ridiculous. And if parents have to leave in the interim, they have to leave too?

The language Lee added later doesn't seem all that problematic to me as a potential beneficiary. And Durbin wouldn't get 50-50 at all, let alone 3 years out, if he doesn't agree. So unless he is applying this pressure to get Lee to go back on that language, it seems pointless.

I think fundamentally removing country caps is the only long-term solution to this mess. Because when everyone including 'white people' from Ireland, Germany, France, etc. are waiting in line like Indians have, you will see the quotas change. And Durbin is racist, plain and simple - the video clip from his constitutent meeting proved that.

I haven't read the text of the bill but I see IV has raised the same issues I was thinking about above.

https://www.facebook.com/24336363906...708729763/?d=n

Again, I am no IV shill. I just want this mess to be resolved for all of us. Maybe some ppl don't like their strategy but at least they are keeping the issue alive.

For Durbin what's the point of bringing bill one after another when sen Lee is requesting UC? This is his 4th or 5th bull shit bill in past 6 months none of them got worked. For illegal's Obama gave Ead, at the same time he didn't even care legals and he didn't even make current.

I don't know why Lee doesn't take Durbin's protecting kids amendment, reduce the 50-50 phase in period and come up with some new language for the Do No Harm clause. Like all existing ROW applications will be processed as if country caps exist or some such.

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Originally Posted by gs1968

Not implying that i agree with the article but there is a rebuttal if you are interested
https://medium.com/@debzi/the-falseh...e-a9c0f375e5ff

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I read the rebuttal and from my point of view - Sen Durbin is slightly on wrong side because some transition period is required/nice-to-have. IV even said the transition period is negotiable - Body shop culture has been going on for long and will finally come to an end - so if it's lives for 300-500 more days, what's the big deal?

The reason below is related to funding and current admin won't mess with anything that takes money away from border security -
"The main reason was to make sure that the funds brought in by the 50-50 companies which pay for border security, entry-exit biometrics and other important programs are not abruptly cut off."

So Sen Durbin should negotiate and maybe they can agree on a 1.5-2 year period rather than 3 years.

>>Another problem point from the rebuttal - "However, we all know , it’s a moral hazard to allow for abuse to continue, just because the abusers need time to “resettle”.".

LOL on this one.

>>Another point - "abusive 50–50 companies will have 3 years to restructure themselves to keep getting more H-1B visas after a transition period (which was requested by DHS even though the transition period is negotiable), if it does not pass, then the abuse will continue indefinitely. Lee wants his 50–50 company buddies to keep abusing our immigration system and US workers indefinitely, or have a chance to game the system in a transition period. "

If there are ways/loopholes body shoppers will find them them in one month and will not wait 3 years. LOL. Don't underestimate body shoppers' creativity. So, they will be overcome this "transition period" somehow anyway (if possible).

>>Also introducing a brand new bill is an exercise in futility no matter how good the bill is.

Hypothatically if Durbin compromise was passed in Jan or Feb now it would have become law. So it is not just Durbin is the reason for delay. Even now why not IV pressure Lee to accept the compromise Lee and Durbin reached.

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Originally Posted by Ramsen

Hypothatically if Durbin compromise was passed in Jan or Feb now it would have become law. So it is not just Durbin is the reason for delay. Even now why not IV pressure Lee to accept the compromise Lee and Durbin reached.

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Admin has to be on-board, in the end the pres has to sign it.

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Originally Posted by gs1968

Not implying that i agree with the article but there is a rebuttal if you are interested
https://medium.com/@debzi/the-falseh...e-a9c0f375e5ff

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Sure. We need to look at the writer of this article! Look her up on Twitter and you will notice that she is one of the prime opponents of S386, spewing hatred! I will not reach much into it and will take it with a pinch of salt..

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Originally Posted by NJMavarick

Sure. We need to look at the writer of this article! Look her up on Twitter and you will notice that she is one of the prime opponents of S386, spewing hatred! I will not reach much into it and will take it with a pinch of salt..

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Yes-I was aware of that. The same pinch of salt advice is applicable to both sides

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Originally Posted by FarAwayfromGC

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Originally Posted by qesehmk

In my eyes Durbin is a gentleman and a gentle soul who allowed Lee to express his frustration at him and did not say a word. That is good character right there.

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Q,

With all due respect I disagree with your view of " In my eyes Durbin is a gentleman and a gentle soul who allowed Lee to express his frustration at him and did not say a word. That is good character right there "

It's unfortunate that people still believe he is a "Gentle Man" : In my view he is a crooked politician I would say ; "devil in an Angel's disguise ".

Democrats are enemies of Legal immigration - check out Obama's history and you will know. I have personally gone through utter harassment from USCIS officers during OBAMA regime and living peacefully after the bad days were over in 2016. Obama increased H1 Filing fees and brought-in senseless rules like employer employee relationship" which was "intention to harass" . Many of my coworkers and fellow Indians have suffered harassment at consulates and at the hand of USCIS officers in the name of "UP HOLDING THE LAW". BTW I am an Engineer and not working for body shops .

Guys "BE REAL" don't live with illussion.

QUIT believing Democrats are our friends - they were never and will not change in future.

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My conclusion is not based in belief. My conclusion is based on what I am seeing. I will explain that in a minute. But first I just want to say that for your own benefit it is better to not make this partisan topic. Simply study recent history of immigration since 2000 and you will see that a section of GOP is totally anti-immigrants. And so the key to any immigration bill is DEMs+moderate republicans. To my knowledge there are virtually no DEMs that oppose immigration. You simply do not know history enough and are picking non-meritworthy points to say DEMs are anti-legal-immigration. That is not correct. Since 2000 DEMs have tried a lot but it was always republican congress that blocked any bill. Durbin was part of Gang of 8 along with rubio, mccain, schumer etc.

Regarding Durbin it is ample clear that he is totally amenable. He is already shown willingness to let go the so called "poison pill" of increasing quota. I am totally amazed that IV - the eternal moron brigade - doesn't blame republicans ever for not wanting to increase EB quota and yet when Durbin let go this demand and is willing to work on the rest they fail to recognize his good intentions.

Second - durbin not only had an agreement done with Lee but also was able to get his party on board with him. That is HUUUUUUUUUUUUUGE.

Why can't we say the same about GOP side? It is because they never had ANY intention to pass S386. That is the reason first they had Sen. Lee, a lightweight senator, sponsor it. Because no serious GOP senator wants this failure in case they are not successful on pinning it on Durbin.

Durbin and Lee both knew walking in yesterday and day before yesterday what the outcome was going to be. Their moves were like chess moves. But Durbin not only outplayed Lee but that he did it in a dignified way. He exposed GOP without getting personal with Lee. The same can not be said about Lee who had a very hard time containing his frustration with his own party but he tried unsuccessfully to pin it on Durbin. His arguments were bizarre. e.g. On one had he was party to the Dec agreement where both him and Durbin had acknowledged that they have to get their parties on board. So Durbin never said Lee had his party with him. But Lee said he agreed with the agreement against his better judgement. Now that's an after the fact 20/20 when Lee failed to get his part on board. The poor guy learnt it hard way that he is made Bakara or sacrificial lamb here.

The reason I say Durbin is a gentlman, is because Durbin has been silent all along, playing these games without hurting his GOP partner Lee. He said no word that will show Lee in poor light despite the failure of Lee. Durbin's bill about children was also something that had ZERO implications on american workers. Lee has no objection to it. But he knew his party was not with him and as a junior member of GOP, he can not expose his party. So he had to concoct some BS why he has to object.

I mean, if you and IV can not see these games, seriously guys return the donations to people and stop this damn advocacy. You guys are mucking it up and hurting any chances with Biden administration by being so partisan and person with a person who actually is our friend.

I think I do know the source of IV's partisan attitude. But i am going to bite my tongue here and say that each person please take a deep breath and evaluate the situation with the framework of thought I am applying. You will likely than not come to the same conclusion as me.

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Originally Posted by qesehmk

My conclusion is not based in belief. My conclusion is based on what I am seeing. I will explain that in a minute. But first I just want to say that for your own benefit it is better to not make this partisan topic. Simply study recent history of immigration since 2000 and you will see that a section of GOP is totally anti-immigrants. And so the key to any immigration bill is DEMs+moderate republicans. To my knowledge there are virtually no DEMs that oppose immigration. You simply do not know history enough and are picking non-meritworthy points to say DEMs are anti-legal-immigration. That is not correct. Since 2000 DEMs have tried a lot but it was always republican congress that blocked any bill. Durbin was part of Gang of 8 along with rubio, mccain, schumer etc.

I think I do know the source of IV's partisan attitude. But i am going to bite my tongue here and say that each person please take a deep breath and evaluate the situation with the framework of thought I am applying. You will likely than not come to the same conclusion as me.

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I guess few simple things will easy the pain all across:
1. Grant EAD with an approved I-140.
2. Remove country caps in Employment based category and the back logging will be distributed and this will reduce fraud.
3. Ensure min wage guidelines for EB1 too. No body expects a special skill and scholars to be in 60 or 70K pay scales

1 and 3 are doable without causing a major ruckus.

Q

I am curious if you were given a chance to do a major overhaul of the US immigration system, what would it be. You don't have to go in-depth, a summary would do the trick!

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Originally Posted by srimurthy

3. Ensure min wage guidelines for EB1 too. No body expects a special skill and scholars to be in 60 or 70K pay scales

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Here are the National Institute of Health (NIH) guidelines for post-doc salaries. All universities in the US follow these guidelines and these folks are doing cutting edge research in health, medicine, future vaccines, etc. in medical colleges all over the country. I am not from the field...but just saying!

https://www.niaid.nih.gov/grants-con...y-cap-stipends

Now, you tell me...do you want to implement point 3?

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Originally Posted by vedu

Here are the National Institute of Health (NIH) guidelines for post-doc salaries. All universities in the US follow these guidelines and these folks are doing cutting edge research in health, medicine, future vaccines, etc. in medical colleges all over the country. I am not from the field...but just saying!

https://www.niaid.nih.gov/grants-con...y-cap-stipends

Now, you tell me...do you want to implement point 3?

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While I hear you...this system is heavily biased against a person who grew through the ranks after doing a Masters from a solid US university and is currently in an executive position (pulling well over 300 or 400K and more). There are many of us who fall into this category not being eligible for EB1 as we never left the USA for all these years. Hows that right?? Education for EB1 should be only one of the aspect but overall employer reputation, designation and SALARY should definitely play a role if we look at this comprehensively. Also, that one year overseas requirement was written with a pretty short-sighted vision of just assuming that only MNC execuitive and Managers would need that route. It never takes into account the homegrown executives and managers as that was never a problem back then.

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Originally Posted by Zenzone

While I hear you...this system is heavily biased against a person who grew through the ranks after doing a Masters from a solid US university and is currently in an executive position (pulling well over 300 or 400K and more). There are many of us who fall into this category not being eligible for EB1 as we never left the USA for all these years. Hows that right?? Education for EB1 should be only one of the aspect but overall employer reputation, designation and SALARY should definitely play a role if we look at this comprehensively. Also, that one year overseas requirement was written with a pretty short-sighted vision of just assuming that only MNC execuitive and Managers would need that route. It never takes into account the homegrown executives and managers as that was never a problem back then.

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Even after earning 300 or 400K and more vs. those people earning 50K-60K doing fundamental research in basic sciences, do you really feel the overall system (GC is a part of that) is biased against you? Also, a person earning that much salary can easily qualify for EB-5 immigrant investor program with a couple of years' salary investment. What is so unfair about it?

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Originally Posted by getsaby

Q

I am curious if you were given a chance to do a major overhaul of the US immigration system, what would it be. You don't have to go in-depth, a summary would do the trick!

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This can be answered in two ways:
1) Policy makers point of view (i.e. if you are part of government how would you do it).
2) Activists point of view (i.e. if I were to do advocacy).

Which one do you mean?

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Originally Posted by Zenzone

While I hear you...this system is heavily biased against a person who grew through the ranks after doing a Masters from a solid US university and is currently in an executive position (pulling well over 300 or 400K and more). There are many of us who fall into this category not being eligible for EB1 as we never left the USA for all these years. Hows that right?? Education for EB1 should be only one of the aspect but overall employer reputation, designation and SALARY should definitely play a role if we look at this comprehensively. Also, that one year overseas requirement was written with a pretty short-sighted vision of just assuming that only MNC execuitive and Managers would need that route. It never takes into account the homegrown executives and managers as that was never a problem back then.

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Perhaps a simple solution is to divvy up EB1 to 3 not based on anything else except base salary tier. EB1 300K and above. EB2 - 200K and above and EB3 - 120K and above. I mean the tiers could be different ... but just to give an example.

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Originally Posted by vedu

Even after earning 300 or 400K and more vs. those people earning 50K-60K doing fundamental research in basic sciences, do you really feel the overall system (GC is a part of that) is biased against you? Also, a person earning that much salary can easily qualify for EB-5 immigrant investor program with a couple of years' salary investment. What is so unfair about it?

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Is it a sin to be successful?! I never said a fundamental researcher shouldn't get it! Its your assumption. Also, when this topic morphed into a overall discussion about the larger system. The SYSTEM I'm talking about is just the immigration system. I'm saying a homegrown exec. should also be considered for it and be elligible. EB-5 is a personal matter of choice and its an investor program for those who chose to invest its not in lieu of employment based categories. You are comparing apples and oranges there.

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Originally Posted by Zenzone

Is it a sin to be successful?! I never said a fundamental researcher shouldn't get it! Its your assumption. Also, when this topic morphed into a overall discussion about the larger system. The SYSTEM I'm talking about is just the immigration system. I'm saying a homegrown exec. should also be considered for it and be elligible. EB-5 is a personal matter of choice and its an investor program for those who chose to invest its not in lieu of employment based categories. You are comparing apples and oranges there.

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Zenzone,

I may have inadvertently misunderstood your point about EB1 international manager fraud. I agree that any type of fraud should be removed from the system and those with Merit (based on salary, etc.) should get it on a first come, first serve basis! Also, it is always good to be appreciative of the fact that no matter how flawed this immigration system is, it still made you SUCCESSFUL. And you won't deny that...would you?

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Originally Posted by vedu

Zenzone,

I may have inadvertently misunderstood your point about EB1 international manager fraud. I agree that any type of fraud should be removed from the system and those with Merit (based on salary, etc.) should get it on a first come, first serve basis! Also, it is always good to be appreciative of the fact that no matter how flawed this immigration system is, it still made you SUCCESSFUL. And you won't deny that...would you?

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Again, I never complained about the larger system at all. But that's a moot point here as we talked about only the EB immigration system. I hear you on factoring the merits based on salary etc. is also an important criterion.

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Originally Posted by qesehmk

Perhaps a simple solution is to divvy up EB1 to 3 not based on anything else except base salary tier. EB1 300K and above. EB2 - 200K and above and EB3 - 120K and above. I mean the tiers could be different ... but just to give an example.

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Selfishly I will vote a big YES for that proposal. Alongside with rewarding scholars and PhDs as the system does today.

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Originally Posted by Zenzone

Selfishly I will vote a big YES for that proposal. Alongside with rewarding scholars and PhDs as the system does today.

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I will also vote a big YES for such a proposal. If you really need to hire an immigrant to do a job, then you need to pay up to show that it is a critical need that can't be fulfilled with local employees. Unfortunately, such a proposal will leave all nurses out of the game. So be it, we really can't afford to create carve outs for individual professions. That will create another mess of a system then.

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Originally Posted by vedu

I will also vote a big YES for such a proposal. If you really need to hire an immigrant to do a job, then you need to pay up to show that it is a critical need that can't be fulfilled with local employees. Unfortunately, such a proposal will leave all nurses out of the game. So be it, we really can't afford to create carve outs for individual professions. That will create another mess of a system then.

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I guess we need to look at the education system, why doesn't so many people from public schools drop out and do not go into nursing instead of landing in a fast food or store jobs. If the price and turnarounds from community colleges are increased bringing it as a vocational item you may have a lot of people opting to do nursing here itself after high school.

Is EB1 fraud still going on? Or Grassleys and Durbins are only after H1Bs?