Bills, Rules & Politics

I was reading about new DHS rule asking end clients also to get LCA filed for H1B subcontractors. I agree it is too much of a burden, but if somehow USCIS starts comparing resumes given to end clients vs filed by employers for h1b/gc purposes, lot of fraud cases can be caught and eliminated.

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Originally Posted by alpha0

I was reading about new DHS rule asking end clients also to get LCA filed for H1B subcontractors. I agree it is too much of a burden, but if somehow USCIS starts comparing resumes given to end clients vs filed by employers for h1b/gc purposes, lot of fraud cases can be caught and eliminated.

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Everything is a double edged sword. I personally tailor the resume for every client depending the scope and area of expertise required
Asking USCIS to compare resume on file with resume used for specific client is asking for trouble.
Adjudicators have too much discretion

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Originally Posted by alpha0

I was reading about new DHS rule asking end clients also to get LCA filed for H1B subcontractors. I agree it is too much of a burden, but if somehow USCIS starts comparing resumes given to end clients vs filed by employers for h1b/gc purposes, lot of fraud cases can be caught and eliminated.

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This is a slippery slope and most probably will be litigated if not sidelined by the Biden admin. Laws are seldom isolated and have far reaching effects. This redefines the employer/employee relationship for contractors. Contractors (esp. US citizens/GC holders) can potentially use this law to claim that as end client is being treated as part employer, they will need to provide some of the benefits they afford to their FTEs. Businesses do not look at these kinds of laws as an inconvenience but rather as something that threatens their business model.

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Originally Posted by inspired_p

Everything is a double edged sword. I personally tailor the resume for every client depending the scope and area of expertise required
Asking USCIS to compare resume on file with resume used for specific client is asking for trouble.
Adjudicators have too much discretion

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Issue is not much about tailored resumes, it is about doctored resumes where people showing US work exp when they were in highschool / college in India or were in US in a status not eligible to work.

Even in tailored resumes, if you were a programmer in previous client and now change same exp as functiaonal consultant or manager, it should raise questions.

If somoene has to go to prison for faking son/daughter's resume for college admissions, dont you think people padding their resumes and companies helping them with that to get a job should be treated same way?

Relief is coming

https://www.washingtonpost.com/polit...top-table-main

"President-elect Joe Biden will roll out a sweeping overhaul of the nation?s immigration laws the day he is inaugurated, ...

" "The legislation from the Biden White House also will contain several revisions to the legal immigration process, according to transition officials.

It bolsters the number of key employment- and family-based visas available by recapturing unused visas from previous years ...."

"It also grants work permits for spouses and children of temporary worker visa holders, although the number of available H-1B visas for high-skilled foreign workers and H2-B visas for lower-skilled non-agriculture workers won?t be expanded, officials said."

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Originally Posted by peterpan

Relief is coming

https://www.washingtonpost.com/polit...top-table-main

"President-elect Joe Biden will roll out a sweeping overhaul of the nation?s immigration laws the day he is inaugurated, ...

" "The legislation from the Biden White House also will contain several revisions to the legal immigration process, according to transition officials.

It bolsters the number of key employment- and family-based visas available by recapturing unused visas from previous years ...."

"It also grants work permits for spouses and children of temporary worker visa holders, although the number of available H-1B visas for high-skilled foreign workers and H2-B visas for lower-skilled non-agriculture workers won?t be expanded, officials said."

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Before we get excited, it might be worthwhile to revisit filibuster rules. Mods can move this to another section if needed.

https://www.brookings.edu/policy2020...-eliminate-it/

The biggest change from EB perspective is that he is proposing exempting wife and children from visa limits. That's effectively doubling the quota. That will be huge!! It will most likely wipe out backlogs in 5 years or so.

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Originally Posted by peterpan

Relief is coming

https://www.washingtonpost.com/polit...top-table-main

"President-elect Joe Biden will roll out a sweeping overhaul of the nation?s immigration laws the day he is inaugurated, ...

" "The legislation from the Biden White House also will contain several revisions to the legal immigration process, according to transition officials.

It bolsters the number of key employment- and family-based visas available by recapturing unused visas from previous years ...."

"It also grants work permits for spouses and children of temporary worker visa holders, although the number of available H-1B visas for high-skilled foreign workers and H2-B visas for lower-skilled non-agriculture workers won?t be expanded, officials said."

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Originally Posted by peterpan

Relief is coming

https://www.washingtonpost.com/polit...top-table-main

"President-elect Joe Biden will roll out a sweeping overhaul of the nation?s immigration laws the day he is inaugurated, ...

" "The legislation from the Biden White House also will contain several revisions to the legal immigration process, according to transition officials.

It bolsters the number of key employment- and family-based visas available by recapturing unused visas from previous years ...."

"It also grants work permits for spouses and children of temporary worker visa holders, although the number of available H-1B visas for high-skilled foreign workers and H2-B visas for lower-skilled non-agriculture workers won?t be expanded, officials said."

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I just want to see one statement in there...a promise to not waste a single visa available for this year! Other things require support of both houses, but using 100% of the visas for this year can be done single-handedly by the administration. It is much easier to do that than sending so called immigration legislation to capture visas from previous years to congress, and waiting for them to do something about it.

It's like we are dying here today expecting them to give us what is legitimately should be given to us this year, and they are telling us..."Relax...don't talk about such small things like using 100% of the visas. We are going to do big things for you in future...a relief is on the way! Why are you worried about this year? There will be no backlog in 5-10 years from now":cool:

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Originally Posted by peterpan

Relief is coming

https://www.washingtonpost.com/polit...top-table-main

"President-elect Joe Biden will roll out a sweeping overhaul of the nation?s immigration laws the day he is inaugurated, ...

" "The legislation from the Biden White House also will contain several revisions to the legal immigration process, according to transition officials.

It bolsters the number of key employment- and family-based visas available by recapturing unused visas from previous years ...."

"It also grants work permits for spouses and children of temporary worker visa holders, although the number of available H-1B visas for high-skilled foreign workers and H2-B visas for lower-skilled non-agriculture workers won?t be expanded, officials said."

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if they recapture unused visas, everyone will be current. Though its likely to be challenged in courts unless there is a change of law.

There should be very good progress even if they use up 100% of the spill over this FY and next (even without any change in laws). Keeping our fingers crossed, and we should know relatively soon.

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Originally Posted by rabp77

if they recapture unused visas, everyone will be current. Though its likely to be challenged in courts unless there is a change of law.

There should be very good progress even if they use up 100% of the spill over this FY and next (even without any change in laws). Keeping our fingers crossed, and we should know relatively soon.

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Evil people like Tom Cotton have already raised the alarm with their favorite word: Amnesty. You will keep hearing that over and over again. It's going to be very difficult to make this happen when it's being enjoined with provisions for the undocumented.

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Originally Posted by vedu

I just want to see one statement in there...a promise to not waste a single visa available for this year! Other things require support of both houses, but using 100% of the visas for this year can be done single-handedly by the administration. It is much easier to do that than sending so called immigration legislation to capture visas from previous years to congress, and waiting for them to do something about it.

It's like we are dying here today expecting them to give us what is legitimately should be given to us this year, and they are telling us..."Relax...don't talk about such small things like using 100% of the visas. We are going to do big things for you in future...a relief is on the way! Why are you worried about this year? There will be no backlog in 5-10 years from now":cool:

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"Relax...don't talk about such small things like using 100% of the visas. We are going to do big things for you in future...a relief is on the way! Why are you worried about this year? There will be no backlog in 5-10 years from now" - Is this your comment or did anyone say that explicitly?? I didn't see such language anywhere!

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Originally Posted by qesehmk

The biggest change from EB perspective is that he is proposing exempting wife and children from visa limits. That's effectively doubling the quota. That will be huge!! It will most likely wipe out backlogs in 5 years or so.

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Q, I accidentally deleted my reply to this topic (fat finger on a mobile).

The bottom line is D's need 10 R senators. If you can remember, Pres. BO could not get even1 R senator to support him for healthcare after they lost MA seat. Pres. BO spent all his political capital on healthcare. I am glad to see Pres. Elect. JB willing to spend political capital on immigration. However, with such an "amnesty" proposal, they are not going to get even 5 R senators. They need to tone it down a lot. I think only something like existing DACA without a pathway to citizenship will pass after a long drawn news cycle. Unlike EB immigrants, these DACA kids have fire in their bellies.

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Originally Posted by idliman

Q, I accidentally deleted my reply to this topic (fat finger on a mobile).

The bottom line is D's need 10 R senators. If you can remember, Pres. BO could not get even1 R senator to support him for healthcare after they lost MA seat. Pres. BO spent all his political capital on healthcare. I am glad to see Pres. Elect. JB willing to spend political capital on immigration. However, with such an "amnesty" proposal, they are not going to get even 5 R senators. They need to tone it down a lot. I think only something like existing DACA without a pathway to citizenship will pass after a long drawn news cycle. Unlike EB immigrants, these DACA kids have fire in their bellies.

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From the new articles it looks like most who are here before 1/1/2021 can file and get a pathway to GC (5 Years) and Citizenship (8 Years total) changing the wait period from GC to Citizenship to 3 years. And that is too aggressive, 8 years the employment members are not even getting to file for 485 awesome.

I was reading one of Greg siskind tweet
Where it says
Biden signing EO today for immigration
We have a list of today?s immigration EOs!

1: Rescinding Census EO
2: Rescinding Muslim Ban
3: Rescinding 2017 interior enforcement EO
4: Stop wall construction
5: Renewing Liberian DED
6: Fortifying DACA

Is the moratorium in no. 3? Or is it not today?
Is it safe to assume number 3 is related to interview mandate which came on march 2017

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Originally Posted by idliman

Q, I accidentally deleted my reply to this topic (fat finger on a mobile).

The bottom line is D's need 10 R senators. If you can remember, Pres. BO could not get even1 R senator to support him for healthcare after they lost MA seat. Pres. BO spent all his political capital on healthcare. I am glad to see Pres. Elect. JB willing to spend political capital on immigration. However, with such an "amnesty" proposal, they are not going to get even 5 R senators. They need to tone it down a lot. I think only something like existing DACA without a pathway to citizenship will pass after a long drawn news cycle. Unlike EB immigrants, these DACA kids have fire in their bellies.

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Hi Idli,

Yes Obama had it very very rough. But most of the resistance to Obama was purely because he was African American. Biden has two advantages, he is white and he has life long friendships all over the place.

Having said that I do agree that blanket amnesty is not at all acceptable to a very large section of GOP. However you must understand that GOP will lose Texas (their bedrock) very very soon if they don't change their ways. So IMHO it is just a matter of time before DACA children get their dues. (yes I do believe America owes them citizenship. Because citizenship afterall just a formality. For all practical purposes these children ARE americans).

We should rejoice that we have a president who is speaking for removing nationalities based discrimination.

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Originally Posted by qesehmk

Hi Idli,

Yes Obama had it very very rough. But most of the resistance to Obama was purely because he was African American. Biden has two advantages, he is white and he has life long friendships all over the place.

Having said that I do agree that blanket amnesty is not at all acceptable to a very large section of GOP. However you must understand that GOP will lose Texas (their bedrock) very very soon if they don't change their ways. So IMHO it is just a matter of time before DACA children get their dues. (yes I do believe America owes them citizenship. Because citizenship afterall just a formality. For all practical purposes these children ARE americans).

We should rejoice that we have a president who is speaking for removing nationalities based discrimination.

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I agree with you that the policy changes are a step in the right direction. However the Policy should be supported by the processes. The broken process flow tends to divert resources to the current political priority. There needs to be a modernization component in immigration reform to move into the 20th if not 21st century. I mean we are still talking about getting paper based RFEs and responses when the world has moved to tik tok.

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Originally Posted by bookworm

I agree with you that the policy changes are a step in the right direction. However the Policy should be supported by the processes. The broken process flow tends to divert resources to the current political priority. There needs to be a modernization component in immigration reform to move into the 20th if not 21st century. I mean we are still talking about getting paper based RFEs and responses when the world has moved to tik tok.

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Totally agree. You know why all these processes are manual and paper based? Because it protects jobs at USCIS which are 100% supported via fees collected from immigrants. That's why exactly as you say the processes must be automated and I will say that we also need a structural change in USCIS funding.

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Originally Posted by qesehmk

Totally agree. You know why all these processes are manual and paper based? Because it protects jobs at USCIS which are 100% supported via fees collected from immigrants. That's why exactly as you say the processes must be automated and I will say that we also need a structural change in USCIS funding.

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The biggest misnomer as shown by covid pandemic is the Medicals with 2 year validity. The immigration doctors, the TB tests, false positives, RFE for expired medicals.

Repealing the need for medicals for people in the country for more than 3 years should really spare lot of USCiS resources.

Durbin is officially Chair of the Senate Judiciary Committee and is giving a speech on DACA already.

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Originally Posted by alpha0

Issue is not much about tailored resumes, it is about doctored resumes where people showing US work exp when they were in highschool / college in India or were in US in a status not eligible to work.

Even in tailored resumes, if you were a programmer in previous client and now change same exp as functiaonal consultant or manager, it should raise questions.

If somoene has to go to prison for faking son/daughter's resume for college admissions, dont you think people padding their resumes and companies helping them with that to get a job should be treated same way?

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It is not a good thing solely based on the fact that we can't trust USCIS ( who by no means are Subject Matter experts) to decide what level of digression constitute a fraud resume.
It is like that story of a monkey having a sword to kill a mosquito. Surely they will cut our nose with it.

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Originally Posted by Turbulent_Dragonfly

Durbin is officially Chair of the Senate Judiciary Committee and is giving a speech on DACA already.

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Mark my words - country caps are going to be history within next 2 years. :)

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Originally Posted by idliman

Q, I accidentally deleted my reply to this topic (fat finger on a mobile).

The bottom line is D's need 10 R senators. If you can remember, Pres. BO could not get even1 R senator to support him for healthcare after they lost MA seat. Pres. BO spent all his political capital on healthcare. I am glad to see Pres. Elect. JB willing to spend political capital on immigration. However, with such an "amnesty" proposal, they are not going to get even 5 R senators. They need to tone it down a lot. I think only something like existing DACA without a pathway to citizenship will pass after a long drawn news cycle. Unlike EB immigrants, these DACA kids have fire in their bellies.

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First of all, there would be few democrats from southern states who also wont support blanket amnesty. Then there will be questions on how they will stop flood of new immigrants from southern border who will try to get in to benefit from amnesty. Since these people dont have any valid id, they can provide whatever fake document/s needed to prove they were in US before 1 Jan 2021.

I was reading on Greg Siskind twitter that same plan wants to allow people with approved petitions to come to US on visas while they wait for GC. Do they even know how many such millions are waiting from Mexico / Phillipines and other countries?

And when unemployment is around 8%, which politician is going to triple number of greencards for EB immigrants? I hope those who write the bill split into few parts - first part can be about DACA + country quota removal type of things. Time is not right for major amnesty.

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Originally Posted by qesehmk

Mark my words - country caps are going to be history within next 2 years. :)

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Yes. I'm also more optimistic about this than ever now.

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Originally Posted by qesehmk

Hi Idli,

Yes Obama had it very very rough. But most of the resistance to Obama was purely because he was African American. Biden has two advantages, he is white and he has life long friendships all over the place.

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the other difference I see is that these EO's and revocations, new bill(s) - have ALL come right away on day 1 unlike during BO.

You will soon start hearing from R's using "us" the legal immigrants as a shield to fight back against the immigration bill. They will suddenly be sympathetic to backlogged folks and how we are delayed while undocumented are being fast tracked to citizenship. While that is true, let's not for a moment believe those crocodile tears. It's just political theatre. They will want to twist our advocacy efforts to meet their ends and then kick us to the curb once they get their way. So let's be wary. For D's and R's it's not about legal vs illegal or right vs wrong, it's pure vote bank politics. If we had the numbers the undocumented folks have then the D's would have been pandering to us "bigly" (as our former President used to say)