http://www.nytimes.com/2012/01/07/us...s.html?_r=1&hp
Essentially backdoor amnesty for illegals married to US citizens by lowering the standard for waiver of inadmissibility
This will result in huge fight in Congress and doom HR 3012.
http://www.nytimes.com/2012/01/07/us...s.html?_r=1&hp
Essentially backdoor amnesty for illegals married to US citizens by lowering the standard for waiver of inadmissibility
This will result in huge fight in Congress and doom HR 3012.
travel.state.gov
website is not functioning..this could mean they are updating visa bulleting....
http://www.gpo.gov/fdsys/pkg/CREC-2011-12-17/pd...
Search for '3012' there:
Mr. REID. Mr. President, I now ask for a second reading, and object to my own request, all en bloc.
The PRESIDING OFFICER. Objection is heard
Sorry everyone,It is my bad...I posted this for the rule 14 process and this will be taken the immediate working day.. sorry for the confusion...
Interesting article from Oh Law Firm..
01/07/2012: Need for Administrative Fix of Employment-Based Immigration - Opportunity for Filing I-485 Applications Upon Approval of I-140 Petition During the Visa Number Regression
Congress has been more or less dysfunctional in grid locks when it comes to immigration legislations to fix ailing immigration systems. As we reported yesterday, USCIS announced its intent to fix administratively part of family-based immigration problems, which should have been fixed by comprehensive immigration reform legislation, to help the immediate relatives of U. S. Citizens who had to endure forced separation for unnecessarily prolonged period of time because of the procedural hurdles. The stateside processing of waivers of inadmissibility would not change the current law in the substantive areas but at least would change it in the procedures such that the separated family members can be reunited in a short period of time. We salute the Obama Administration for this initiative and strongly support the action.
We also encourage the Obama Administration to give equal attention to fix the ailing employment-based immigration system. During the Bush Administration, they considered the administrative fix plan in 26 areas in immigration and some of them have been implemented, including extension of OPT to 29 months for the STEM specialty graduates, expansion of TN nonimmigrant visas for Canadians from one-year to three years, etc. We understand that the Obama Administration had a plan to launch administrative fixes in several areas which have been blocked in political tangle. Now, they take a firm stand on fixing problems in family-based immigration areas. We submit that it is about time for them to stand up and launch administrative fix plans im employment-based sector as well to attract and retain needed foreign workers to strengthen the nation's competitiveness in the global economy. One of the fixes the country need which can be achieved without increasing the employment-based immigrant annual quota is known to be to expand the requirement for eligibility of EB-485 applications from the current rules requiring visa number availability to just approval of I-140 petition. By allowing I-485 filing to those whose need has been tested in the country's labor market through labor certification process and I-140 petition has been approved, these needed foreign workers would be able to continue a normal life contributing to the country's competitiveness as part of important work forces for the nation before and after approval of their I-485 applications. Such administrative fix will help the American businesses and research institutions tremendously.
Reportedly, this idea was presented in the form of an article entitled "Tyranny of Priority Dates," written by attorneys Gary Endelman and Cyrus D. Mehta, which was reportedly sent to USCIS Director Mayorkas. It states that Mr. Mayorkas expressed interest in the ideas contained in Tyranny of Priority Dates at a stakeholder’s meeting between him and some of the members of the Alliance of Business Immigration Lawyers (ABIL), which included Cyrus D. Mehta, on March 3, 2010, in Washington, D.C. It is about time for Mr. Mayorkas to relook at this concept and to assess feasibility of such administrative fix. The suggestion is summarized as follows: Even if INA § 245(a)(3) states that an adjustment of status application can only be filed if a visa number is immediately available, the USCIS has the flexibility to interpret this provision broadly since Congress did not define when a case is “filed,” leaving it to the informed exercise of agency discretion. The term “immediately available” need not be limited by a current priority date according to the visa bulletin. Instead, just like the State Department for the past 25 years has started processing an application for an immigrant visa prior to the priority date becoming current, the USCIS too could create a “provisional filing date” many years in advance of the priority date becoming current that would allow the adjustment application to be submitted but not approved. This would result in the applicant obtaining all of the benefits of such a filing, such as interim work and travel benefits along with the ability to exercise occupational mobility under INA§ 204(j).
"As we reported yesterday, USCIS announced its intent to fix administratively part of family-based immigration problems, which should have been fixed by comprehensive immigration reform legislation, to help the immediate relatives of U. S. Citizens who had to endure forced separation for unnecessarily prolonged period of time because of the procedural hurdles."
USCIS has not announced any administrative fixes in the employment-based system....
Just repeating what I have written earlier.
Previously there was same kind of rule making agenda for filing of I-485 (adjustment of status not exactly but pre-registration when the PD is not current.) for any approved I-140. But this was way back in 2008-2009, our Great Uncle grassley and his companion tails in USCIS leaked the USCIS memo and made it a big issue, Uncle wrote a letter along with 3 other senators to Mr.Mayorkas to stop this. it seems USCIS agreed to it, and it was abandoned.
Uncle is a great hinderance to all the good thinking lawful immigrants.. Uncle should be educated by lobbying for his election campaign ( tons of money, texas farmhouse, private chopper, private planes to use) or in the Senate/Congress this fillibuster rule should be eliminated by amendment. otherhwise no immigration bill or adminfix will be passed on time with out cloture motion as per the political situation today. (eventhough just 6 months before last senate election, Uncle decided not to contest, but for unknown reasons he contested again and won from Iowa.)
Moral of the story: - More than Truth and Justice, Money (so called lobbying and political power prevails.
Uncle? Grandpa is more like it.
I received interesting reply to HR 3012..
This reply talks about bill 1857.
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As you may know, S. 1857 would amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants as well as increase the per-country numerical limitation for family-sponsored immigrants. Eliminating the per-country limit for employment-based green cards will reduce the massive backlogs and inherent unfairness faced by larger countries. The foundation of this nation was forged upon the backs of hard working immigrants from countries spanning the globe and this tradition must be respected even during dire economic times.
S. 1857 was introduced on November 10, 2011, and referred to Committee on the Judiciary. It has been requested that the bill be passed by a unanimous consent agreement with an amendment from Senator Grassley. This request will likely be completed when the Senate returns to session later this month. Please be assured that I will keep your concerns in mind.
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Do we know whatever happened to HR 3012. is it dead??
I think by law, they have to have a 2nd reading on the 1st day. That is, 1/23. After that, they have to set a date for the 3rd reading (which is typically the vote).
From Oh Law Firm:
01/10/2012: Continuing Struggle and Frustration for Irish E-3 Bill Lobby
The report indicates that unless this bill is taken care of early on, the Congress's attetion will most likely be directed to other anticipated forthcoming immigration bills including some comprehensive-level immigration relief bills, probably including DREAM, and extension of legislations which expire at the end of September 2012 such as Conrad 30 for foreign medical doctors's J visa foreign residency requirement waiver programs at the state levels, EB-5 Regional Center Pilot program for investment immigration program, and EB-4 non-minister religious worker special immigration and R nonimmigrant visa programs. These threee programs have gone through legislative struggles every three years as the Congress has extended these laws only for three years at a time. On top of these, agriculture community that has been facing migrant farm worker shortage problems is likely to pump up their lobbying efforts to push their bills into one of highest priority immigration legislative bills. Current Irish community frustration, according to the report, stems from failure of other Senators to join the Irish E-3 visa bills as co-sponsors of the bills despite their push.
Article:
Irish immigration advocates have called on Senator Scott Brown (R-Massachusetts) to step up to the plate and secure more co-sponsors for a recent piece of Irish-specific immigration legislation the senator introduced before Christmas.
Initially co-sponsored by Senator Mark Kirk (R-Illinois), the standalone Irish Immigration Reform and Encouragement (IRE) Act aims to add the Irish citizens to the E-3 visa program currently in place with Australia, and would provide the Irish with 10,500 non-immigrant employment permits, renewable every two years.
It was introduced shortly after Senator Chuck Schumer (D-New York) introduced a bill - co-sponsored by Senator Pat Leahy (D-Vermont) and Senator Richard Durbin (D-Illinois) - which contains amendments to the Bipartisan bill HR3012 (the Fairness for High-Skilled Immigrants Act).
Schumer’s bill would allow for certain qualifying undocumented Irish to go home and return legally via temporary non-immigrant work visas, but not green cards. Like Brown’s proposal, the amendments are modeled on the E-3 visa, but with a lowering of the required skill levels.
Crucially, Senator Brown’s bill does not contain such concessions to the undocumented. However it is felt the Republican’s bill, for this very reason, has a better chance of gaining bi-partisan support. Now, though, immigration activists have grown uneasy, as Senator Brown has failed to thus-far bring on board any more co-sponsors.
“In our meetings with Republican offices, general support for the Irish E-3 concept is evident but it is not translating into co-sponsorship,” Billy Lawless, chair of the Chicago Celts for Immigration Reform, told The Irish Emigrant.
“No one we have met with, to date, has expressed any real opposition to the Brown bill (S.2005). Any opposition has been focused on the waiver provisions of the Schumer bill (S.1983), as Republicans want their own bill, and cite national security issues when waivers are mentioned.”
The meetings Lawless refers to have been held on Capitol Hill over the past few weeks between the Irish Embassy, representatives of the various Irish immigration groups, and the staffers of numerous senators, in the hope of gaining support across the political divide for both proposals.
Now, however, it is felt there is a clear need to sharpen efforts. With more visits to senatorial offices planned for the coming days, the call has come for the Irish community to unite and outline precisely how the bills would benefit both countries.
Pressing questions include how any E-3 visa will affect the overall cap on visas granted by the government each year; does the Obama administration support the E-3; and will there be reciprocity from Ireland? With this in mind, it is understood that a statement of support is being worked on with the White House Office of Public Engagement.
“In order to achieve co-sponsorship, it is important we demonstrate that we have our act together by showing offices that there is support for the E-3 here in the US and in Ireland from groups and businesses,” Lawless said.
“Generating co-sponsors for S.2005 will require active support from the business community and other Irish groups; continued advocacy on our part on the Hill; and most importantly Senator Brown's active solicitation of potential co-sponsors.”
With crucial decisions to be made on broader immigration policies in the coming months, the Galwayman said it’s vital that momentum gained to date is not lost just as the real decisions are being made.
“There is growing attention on the Hill towards the reauthorization of several visa programs which expire in September, including the Regional Center EB-5 visa program; the Religious Worker visa (R visa); and the Rural-Serving Doctors visa (Conrad 30-J visa). These programs were last extended for three years in 2009,” Lawless said.
“The challenge for us is to make sure the Irish E-3 visa is part of the mix on any new immigration legislation, by building broad support and maintaining constant engagement on both sides of the aisle in the Capitol.”
Folks, Contact anyone you know in Iowa now and impress them the urgency to act. It does not matter if they themselves are backlogged or not or have greencard etc. As long as they will listen to you and let people know about HR 3012, contact Grassley's office and demand support for HR 3012, we should pursue them.
This is crunch time!!!