abc - no worries and appreciate your understanding. I too am guilty of similar mistakes some other times!
From Oh Law firm. Look at No 5. Those who have done MS and higher outside US will also come under "brightest" and will be benefited.
09/18/2012: Sen. Schumer Press Release of BRAINS Act
This following highlights his bill.
1. It creates a 2-year pilot program to provide 55,000 new green cards per year for foreign students who graduate from U.S. universities with advanced degrees in science, technology, engineering, and mathematics (“STEM”).
2. To be eligible, an alien must 1) have received a master’s degree or higher from an eligible U.S. university in science, technology, engineering, or mathematics; 2) have an offer of employment in the U.S. in a STEM field, and 3) be petitioned for by an employer who has gone through labor certification to show that there are not sufficient American workers able, willing, equally qualified and available for the job at the wage level paid by the employer to all other individuals with similar experience and qualifications for the job.
3. To be eligible for its students to receive green cards, a university must be: 1) accredited; 2) at least 10 years old; and 3) classified as a research institution by the Director of the National Science Foundation. The school cannot provide incentive payments to persons based on securing foreign students for the university.
4. It encourages the best and brightest foreign students to study, live, and work in the United States by allowing them to receive student visas to attend our colleges and universities to study in STEM fields. STEM students will no longer be required to demonstrate that they have no desire to stay permanently in the U.S. as a precondition to being allowed to attend school here.
5. It provides any unused green cards from this program to be used to reduce the backlog for employment-based green cards that exists for highly-skilled STEM advanced-degree graduates from foreign universities.
6. It allows temporary workers on high-skilled visas who have not violated their status to renew their visas from within the United States.
7. I provides labor protections to ensure that foreign workers do not take high-paying high-skilled jobs that American workers are available to fill.
8. It codifies the practice that the priority date (for determining an alien’s place in line) for an employer’s green card petition is the date that the employer files the labor certification application. The bill also ensures that an alien who switches from one green card family-preference category to another retains their original priority date, and that an alien who switches from one green card employer-preference category to another retains their original priority date.
9. It expands “age-out” protection in current law to benefit minor children who turn 21 while they wait for their green cards to become available.
10. It encourages highly skilled workers to remain in the United States by providing for faster reunification with their spouses and minor children. This is done by creating a new entry slot for a nuclear family member of a highly-skilled permanent resident when a lawful permanent resident is deported. Consequently, net immigration is not increased, but family reunification is expedited.
All these bills are not going anywhere, only political manouvering. The same OH law firm is reporting this. understand the POLITRICKS!
Source: - http://www.immigration-law.com/
pun intended (hopefully Q won't say this is Plagiarism!) source is above.
BRAINS Act" which is somewhat close to the Democrat Rep. Zoe Lofgren bill in the House in that it gives 50,000 new STEM visas, but unlike the Rep. Smith bill, will not eliminate the immigration lottery program and rather add some restrictions to the for-profit employers sponsoring such STEM immigration petitions. Anyone is surprised? NOPE..................
This reporter anticipated and reported this earlier. The Smith STEM bill, even if it passes in the Republican House day after tomorrow, 09/20/2012, the Democratic Senate will not pass the Smith bill as it is now and more or less support the concept of Rep. Zoe Lofgren's proposal which has suffered slapping in the face by the Republican House that will put the Republican bill on the floor for vote as soon as the bill is introduced tomorrow. while the Lofgren.s bill has been ignored in scheduling for either hearing or putting on the voting in the Republican House. Read on. For the reasons, it is speculated that the STEM bill will go nowhere before the national election. Both parties are just reacting to the mounting political pressures from high tech industry
The above bolded portion proves that this bills are dead on arrival eitherway!
http://thehill.com/blogs/hillicon-va...igration-bills
I think they should stop saying this. I think neither party actually supports high-skilled immigration in and of itself. The Dems support illegals and lottery winners more and the Reps support big business (it just so happens that in this case immigrant interests are aligned with immigrants' interests). Sadly none of the liberal media will ever have the courage to point out the flaw in the Democrats position. The Republicans are actually right on axing the DV I think.Quote:
Originally Posted by From the hill article
And while I think the Republicans should compromise (what are 50k visas?), the corpse of this bill will ultimately rest at the feet of Democrats, who place lottery winners over STEM immigrants. Maybe they can buy a lottery ticket to pay off America's debt too? The way they are going that's probably the only thing that will bail out this country...
Pity the poor immigrant.
It shows the suspicion that congress is not really interested in removing the country caps. Republicans are interested in employment based country quota removal but not interested in increasing family based. Democrats are opposite. So both of them supported as both provisions are there. Suddenly sleeping ROW got up and with the help of AILA(They do not want HR 3012 with Grassley Amendment). Also there is a division in AILA for phase out plan. So these things made HR 3012 to stall in the senate. Now two house bills specifically mention country quota. If congress is not interested in removing country quota it is better to try with moderate bills like increase in country quota. The above analysis is speculative based on news stories and there is no solid evidence to support.
None of these ideas will ever become a law during en election year. The only time it has chance of becoming a law is if and when the tech lobby tries really really hard. Until such time please do not get your hopes high for each one will be heartbroken. Remember for these politicians we do not belong to any of their bases hence very difficult to get our vote. We will vote with rationale mind which does not augur well for these guys. I know the wait is horrible but as of now all we can do is wait for our turn and our turn will surely come and then we can makes these same politician dance to our tunes(every vote matters).
It takes only 2 minutes of your time to call the senator. It is very very easy..don't hesitate.
Call senator office and whoever picks up say "I would like the senator to Support and Vote for HR 3012" and you are done. They will only ask you the zip code where you live.
Please help yourself,pickup phone and call your Senators nowww.Thanks!
LUVSPIDER, as much as I would have liked this bill to go through! I am EB2 India langishing with a PD of Dec 2010...the likelyhood of this bill being taken up by the sentate is zero, just to give you an update I spoke to my firms lawyer this morning the law firm is one of the biggest immigration law firms in the country. She explicitly stated that the likelyhood of HR 3012 to pass in this congress is pretty much none. According to her the bill still has a hold by two senators and the senate will never pick up a contentious bill with no political impacts or benifits to file a motion for cloture even if they knew they had 60 votes. According to her, this bill had a great chance of passage in November of 2011. As we all know three senators including Hon. Senator Grassley put a hold on this bill, Hon. Senator Grassley's hold was lifted by some very bothering ammendments and AILA will not support those ammendments. He anyways held the bill way to long to make sure it's pretty much worthless. To top it all off, the house goes on recess starting Friday and will not be back until after the elections so there is zero probability (which unfortunately makes it an absolute certainity) of this bill becoming a law. What I don't understand is why ** is still asking people to make calls. This could be solely for their personal gains as they would still need funds to operate, trust me I have nothing against ** but the problem is giving false hopes and actually spreading false hopes I think is unethical. Having seen what's been going on, neither HR 3012 or STEM bill has any chance this year. Next year is anyones guess but looking as what has been going on for the last 3.5 years I highly doubt any immigration related bill has a chance even next year. I am typically an optimist but I am also a realist....
cbordu_111,
There are many things that AILA doesn't know and ** knows. AILA is against the bill after grassley's amendment. That is the reason they are predicting the death of this bill ( discouraging it). It is in their interest to see that this bill is not supported by us.
So Ignore what your law firm told you and call your senators.
Cbordu_111,
I also don't like the highhandedness of **. I never donated any amount to ** nor attended any rally conducted by **.
What ** asked this time was to call our senators & express our support for HR 3012 bill. Remember by doing so, you are not representing **.
The senator staff will just ask for your post code & not the organization which you are representing.
If there is no pressure from their constituents, the politicians will NEVER ACT. That's the only reason, why I made calls to the senators this morning.
Please don't worry about the outcome & sincerely suggest you to call your senators right away and tell them your views on this bill.
Good luck.
Cheers,
LUVSPIDER
GCQ, if I had to take an educated guess my lawyers opinion has got nothing to do with AILA she was just being brutally honest. It really is the fact of the matter, there is zero possibility of this bill to be enacted into law. The senate is off after Friday and only convenes for a lame duck session, the house is off starting Friday. This bill just does not have the time to be picked up voted for then with the ammendments go back to the house to be voted again. Unfortunately this bill has run out of time. Trust me ** knows as much as AILA, for that matter AILA would be more knowledgable. I am a resident of a state whose senators are Hon. Senator Charles Shumer and Hon. Senator Kirsten Gillibrand. I called their office and voiced my support, I was informed in very clear terms that there is a hold on the bill.
If we see the way events have happened, one would logically believe that the bill (3012) is dead. After months of negotiations, the hold was released, ** organized rally and other immigration bill like EB5 passed but 3012 did not. I am not sure about other 2 senators holding bill. Is that official ? Do we have the link for that ? If other senators had objections, what was the need for Grassley and other parties to negotiate. I would assume that they did not do this to kill time.
For the STEM bill, I believe it is political posturing and it does not have chance to pass the this year. I believe it would have better chances of passing next year if either party controls both house and senate.
I too believe that the chances of HR3012 getting through the congress during the Lame Duck session are bleak. I think many lobbyists went on silent mode after Grassley amendments as those amendments will tight their nose. Since there is no strong lobbying for this bill, senate is not considering in bringing the bill to floor. I really wish I am wrong on this.
When it’s comes to STEM bill, I think Schumer proposal is better (though I don’t like diversity lottery green card) for EBx –IC as only his proposal allows the left over visas spill to EBx. IF it becomes law the very 1st year most of the visas (I think around 30 to 40K) will spill to EB2.As per his proposal an alien must go through labor certification process and which will take months to file and get it certified (roughly 8 to 10 months) and after 140 and 485 has to clear. So there is a good chunk of numbers will spill in 1st year. I know there is a BIG IF involved here. If the tech lobby is very strong and they can influence Grassley and conservatives in Republican Party I do not see a reason why it cannot pass the line.
To SaiBABa2010
The Bill is in rough waters and hopefully can make it through.If it does not pass the House then Republicans will have no incentive to negotiate
http://thehill.com/blogs/hillicon-va...ting-visa-bill
On a different note the Diversity visas are probably not the Deal breaker here
http://influencealley.nationaljourna...-immigrati.php
This from the Senate Democrats website-there may be a vote-o-rama to allow Senators to leave town ASAP-hopefully 3012 is in the mix
"We will begin consideration of the continuing resolution during Thursday’s session. We hope to reach an agreement to move up several roll call votes and avoid being in session this weekend in order to complete our work."
They are unlikely to amend the CR 117 so I wonder what the other Bills under consideration are
Friends - I agree w spider. Since this is in the interest of immigrant community, just do it regardless your opinion about **.
Secondly - don't agonize too much over it. Since it is almost futile to attribute cause and effect. So just do your small bit and let it go!
To rupen86
I have researched hard for a direct link to confirm that information but there are only indirect links through Irish central.
In spite of trying to eliminate secret holds,I think it is still common practice. A lot happens in the trenches of the Senate out of public view. An example is the hold on a Special envoy legislation which was placed on the Senate Calendar the same day as HR 3012.No mention of this hold in Congressional Record but it still exists
http://www.persecution.org/2012/07/1...e-middle-east/
This was what he did yesterday, how can he be not honorable?
S.Res. 569 (Sen. Grassley): A resolution designating the week beginning October 21, 2012, as "National Character Counts Week".
-- Submitted in the Senate, considered, and agreed to without amendment and with a preamble by Unanimous Consent.
Yup - agreed with Sportsfan's comments - do call the senators offices. They are certainly receiving calls reg: HR 3012 and taking down details such as zip code etc. Im sure at end of each day, they tally # of calls for/against and send reports to senators...
** may not be most eloquent in the way they ask for donations / and they do sound heavy handed / arrogant but they are the only grp out there speaking on behalf of EB 2/3 India as far as the legaslative process goes. They possibly may not have expected the magniture of the roadblocks (Grassley hold, amendment, AILA opposition etc), so its probably a learning process for them too..but again I ask, are there other groups also talking to politicians / lobbying for similar reform.
Chordu,
It's all math. If you sincerely believe there is 0% probability of this passing, then you're unrealistically pessimistic.
I think there is a 1% chance of HR3012 passing this year, and the benefit of it passing is worth $100K to me (the actual NPV of moving to a higher paying job now vs. a year later + my perceived NPV of being able to join my wife and daughter now rather than a year from now) so making these calls would help towards a $1K benefit to me at a cost < 5 minutes a day for a week or two. The benefits outweighs the costs by far.
Do your own math and see if its worth it for you. If there is no obvious benefit (offers in hand contingent on a green card), think about the risk to you of losing your job before your green card comes through.
PS:- I can understand a pessimist not putting in the effort to improve his situation, but I am at a loss to understand a pessimist putting in effort to demotivate others.
Tomorrow marks the first year anniversary of the start of this thread by gcq and 9/22 will be one year since Rep.Chaffetz introduced this Bill. We have spent a lot of time on various forums and it has been a roller-coaster ride.Hopefully the journey will end this week!!
I too am a resident of the great state of NY, and my read is very different. I was told that they both support HR3012, and that they are both getting a lot of calls in support of it. When I asked, Schumer's office informed me that there is a hold in place from across the aisle, and that if cloture is invoked the senator would vote in favor of HR3012. I did not get an answer to my question on whether the Senator would help to invoke cloture. Gillbrandt's office did not answer those questions. Bottom line, if Schumer is to put his considerable legislative weight behind invoking cloture, several 1000 calls in support of the bill daily can only help.
Hold in place from across the aisle means hold from Republican?
LUVSPIDER and Chodu_111,
Posting a fake commentory here is very easy. By not donating or participating in rally is your personal decision. You do not have any idea how advocacy and DC lawmaking works. **(grass root advocavy group) is not the only grpup behind 3012, there are other bigger non grass root players behind it. NY Senators support the bill and they will not speak for other hold on the bill until it becomes official. That is why ** is and other groups working different avenues.
Sportsfan33, I second your POST. Even 3012 does not pass, you lose nothing. You stay at the same place in the queue without 3012. You cut your greencard wait in half and bring fairness to the legal immigration system by 3012.
yes - senators will absolutely not confirm holds/removal of them unless in the public domain via press release. i called sen grassley's office soon after ** announcement that he has agreed to remove the hold. A staffer said that the hold firmly remains in place...Literally 30 mins later, i saw an official statement on the senators website confirming the removal of the hold
WARNING...
Please keep the discussion civil. Refrain from personal attacks. Please address others properly just as you wish they did you.
So when is the STEM bill coming up for vote today?
Also, from one of the posted articles it seems that it wasn't just axing DV that was the roadblock to reconciling the two versions, Schumer wanted to throw in some family reunification crap. The Dems are the ones derailing the bill by adding provisions for less-meritorious constituencies. This is politics of the lowest common denominator.
If cloture is needed, then there is zero chance it will come up this week. I agree with the 1-10% chance during the lame duck.
Smith's bill under debate as of now ...
Watching CSPAN live online right now. Conyers really grasping at straws.
Plain lies from George Miller. He has apparently never heard of PWDs.
Impassioned defense from Gutierrez. Same BS argument that my parents were cab drivers implying that this is what America needs today.
One more thing - does anyone find the Dems argument that Africans need DVs to come to this country slightly self-defeating? Aren't they indirectly implying that fewer Africans would come here on STEM visas? It's a rhetorical question, but I find it ironic that as the upholders of African immigration rights they are effectively insulting them and calling them less capable.
Sorry if this has been answered already. But I found this on Oh law firm site. Actually it is in the text of Schumer's BRAINS Act..
6. It allows temporary workers on high-skilled visas who have not violated their status to renew their visas from within the United States.
Does this mean, if it passes we can get a stamp from within USA and not worry about stamping when we visit our home country?
This is from OH law firm... I do not believe this, but some news about our H.R.3012
http://www.immigration-law.com/
For H.R. 3012, the business community and supporters of this bill apparently have worked hard to take it up on the Senate floor before the Senate goes into the recess. The Senate wants to wrap up most of its legislative work today so that the members of the Congress can go to their districts this weekend. This depends on passage of H.J. Res. 117 Continuing Resolution to fund the federal government for the next six month to prevent shut down of federal government at the end of this month. The House passed this bill and the Senate picked up this bill on the floor yesterday, but believe it or not, two Senators presented amendments before the Senate adjourned yesterday. The Senate will struggle with this bill today to keep their agenda to finish up their legislative works today. The Senate majority leader hopes that the Senate passes this bill and should they have time, the Senate wants to take up other Roll Call Vote bills as many as possible. It is uncertain whether H.R. 3012 can come within this plan, but even if yes, unless the Senate is able to pass the Continuing Resolutions without exhausting its entire time today, it is infeasible unless the unlikely scenario of unanimous consent that has been agreed up between the two party leaders. Please stay tuned.