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Legalization Provisions
-Bill creates a new RPI status.
-Must have been in the US out of status prior to 12/31/11
-If present between 1/1/12 and 12/30/12 and parent, spouse or child of an RPI, can also qualify
-RPI application period will be 1 year, extendable by 18 months.
-RPI lasts 6 years, renewable. Must have income above 125% poverty level to be able to renew.
-Most grounds of inadmissibility and deportability apply
-RPIs will not qualify for GC until everyone in the GC queue has been cleared, and a minimum of 10 years
-RPIs who came in younger than 16 eligible for the DREAM act: don't have to wait the 10 years.
-RPIs will be able to access the merit-based system (either track 1 or 2).
Citizenship
-DREAM Act can file for citizenship as soon as they get GC
-Anyone with work authorization for 10 years can file for citizenship 3 years after GC
Immigrant Visa Changes
Immediate Relatives now include spouses and minor children of LPRs
FB now reduced to 161,000 visas, unused visas recaptured.
FB-1-A (unmarried adult sons and daughters of USC): 35%
FB-1-B (married adult sons and daughters less than 31 y/o of USC): 25%
FB-2 (unmarried adult sons and daughters of LPR): 40%
Country caps increased to 15%
FB-3 and 4 dissapear after 18 months.
EB stays at 140,000 visas but
-Dependents are excluded
-Country caps removed
-Recapture of unused visas
-Others have reported a roll-over provision, but I can't find it
New cap exempt: EB-1; PhD in any field; MD who completed J-1 waiver or home residency requirement.
EB-2 exempt: MD 5 year NIW and STEM MS (but only if from a US Doctoral Institution)
EB-2: 40%
EB-3: 40% + 120K visas for the first 4 FY, while the Merits-based system is set up
EB-4: 10%
EB-5: 10%
New EB-6 category for investors: 10K visas (apart from the 140K above).
Merit-based system
Track 1
-Replaces the DV
-120,000 visas
-Kicks-in on the 5th FY after bill is passed
-Points-based with two tiers: high skill and low skill
Track 2
-No cap specified
-Backlog reduction program only if visa not assigned within 5 years
-FY 2015 to 2021: used for EB and FB backlog clearance. This includes FB-3 and 4 prior to enactment. 1/7th of the backlog cleared in every FY.
-FY 2022 and 2023: used for FB-3 and 4 filed after enactment but before the programs expire.
-FY before 2029: Available for anyone who has been legally in the US for 10 years* (Note that RPIs would fit this definition by 2024)
-FY after 2029: Available for anyone who has been legally in the US, with work authorization, for 20 years*.
*There is clearly something missing in the bill, with a hanging "and", so these two may have additional conditions.
New non-immigrant categories
E-3 for Ireland - but note the requirement is only High School.
E-4 for any country that has an FTA with the U.S. - these would be similar to H1-B1.
W: Guest worker program for low skill jobs. Mobile cap that will be determined by a new Commisioner.
X: Non-immigrant version of the EB-6 visa
Y: Retiree visa (invest 500K in real state)
U visa is extended for victims of workplace violations (this is huge for abused H-1 employees)
H-1 and L-1 reform
Super complicated.
There are many reforms to the removal system, I hope no one here ever has the need to become interested in those
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Some initial thoughts (my interpretations) on legal EB immigration as of 4/19.
- EB (140K) and FB (226K+) remain with some modifications (Spec corrected my initial understanding here)
- Additonally there will be a 2-track, merit-based system (starting cap is 220k with provision to increase or decrease) SEE p.256 onwards
- Track 1 has two tiers SEE p. 256 - p.269.
- Track 2 has several sub-categories but I'm not sure of limits SEE p.269-p.274
- Visa re-capture and roll forward now permitted SEE p.276
- DV is gone but included in merit points system (but there is likely to be push back from minority groups eg CBC) SEE p.274
- Siblings are eliminated and dependents are re-classified SEE p.280-p.294
- There is NO increase in total visas is still 140k but because of exclusions of certain types of applicants this is a significant number (implication is that all categories will become C in more or less 2 yrs after enactment)
- Faster track for citizenship if you have work authorization for 10 yrs + GC (it is unclear if work authorization includes CPT/ OPT under F1).
- H1B caps have been raised to a min of 110k (can do up to 180k) + 25k for STEM graduates
- F1 is now a dual intent visa ie companies can apply for GC while you are on F1 status. (Not sure how this works)
- Visa stamping can be done inside the US (only for renewals)
- Severe restrictions on "body shops" (outplacement companies)
Major headwinds
- Potential costs (CBO still needs to weigh in)
- Border security
- Boston bombings
- Path to citizenship
- how do I put this delicately - influential a-holes! Grassley, Sessions, Cruz, Boehner
Major tailwinds
- Bi-lateral support in the Senate and House on concepts (execution is different story)
- Labor and Commerce backing
- Republicans NEED Hispanic vote
Timeline
- with the exception of merit visas everything goes in to effect FY15
- Senate wants to markup in May and vote in June
- unlikely to pass in FY13 (my opinion)
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Summary Impact of CIR Bill on EB Immigration
Note - This was last updated on 21st April.
Revised Summary (for EB immigration reform in order of Importance).
1. Elimination of numerical cap for
- Dependents
- EB1-A & B & C
- PHD in STEM
- Doctors
- Immediate Relatives Definition Expanded (All immediate relatives are exempt from numerical cap)
- Spouse and Children of GC holder will be exempt from numerical cap.- The language of the bill makes it look like parent of GC holders could also be exempt from numerical cap. But not confirmed.
2. Country Cap
- Country caps in EB are removed.
- Country caps in FB are bumped to 15%.
3. Backlog Reduction
- 120K Visas will be available for four years in EB categories from a new merit based track. (see below)
- Additionally the backlog as of the date when CIR will be effective will be divided into 7 pieces. And EB will receive additional of those 1/7th visas in each year between 2015-2021.
- Additionally all unused EB visas since 1992-2013 will be recaptured and given to EB. (Spec / Others -- somebody needs to compute this).
4. Separate Merit based track
- Diversity Visas (which were completely separate from EB visas) will be replaced by a Separate Merit Based Track visas.
- Merit based system will be a point system (Points accrued on Education, Employment experience, Relevance of Education to Experience, Enterpreneurship, High Demand of Occupation, Civic Involvement, English Language Proficiency, Relation to Citizens, Country of Origin)
- The cap will be 120K (instead of 55K for diversity).
- Will feature increases at 5% per year if supply is 75% or lower compared to demand in this category.
- Increases will stop after 250K total cap.
- Merit based cap will keep increasing to 250K max as long as US unemployment is under 8.5% (this is quite funny since it barely exceeded 8.5% even under worst conditions in 2008-2009)
- It will start in fifth year aimed at reducing backlog for first five years and then will be open to low skilled workers as well.
- Will recapture unused visas from current year to next
- Will kick in fifth year from creation. First four years will be used for EB backlog reduction.
5. Change in composition of visas as follows
- EB1 - no quota - no limits
- EB2 + EB3 w US degrees - 40% (New EB2)
- EB3 - 40%
- EB4 - 10%
- EB5 - 10%
- Additionally a startup visa category (may be part of EB5 - except that startup visa will be much less stringent on investment and jobs created)
Summary
This is a super duper bill that truly solves EB immigration problems not just for today but possibly for next decade (who knows what happens after a decade)!!
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This document, created today on Sen Schumer's site may be the full text of the Bill.
It's a whopping 844 pages!!
First thing i have seen relates to the Merit Based Visas.
The text says:
Section 201(e) is currently the Diversity Visa program.Quote:
SEC. 2301. MERIT-BASED POINTS TRACK ONE.
(a) IN GENERAL.-
(1) WORLDWIDE LEVEL OF MERIT-BASED IMMIGRANTS.-
Section 201(e) (8 U.S.C. 1151(e)) is amended to read as follows:
(e) WORLDWIDE LEVEL OF MERIT-BASED IMMIGRANTS.
So it does appear that the Merit Based system is an alternative to the Diversity Visa program.Quote:
(e) Worldwide level of diversity immigrants.-
Of course, I may find something more later on.
I also found:
Section 203(b)(3) is better known to us as EB3. This seems to be a mechanism to speed up movement in EB3, since they have far more cases pending than EB2.Quote:
‘‘(c) MERIT-BASED IMMIGRANTS.-
‘‘(1) FISCAL YEARS 1 THROUGH 4.-
For the first 4 fiscal years beginning after the date of enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act, the worldwide level of merit-based immigrant visas made available under section 201(e)(1) shall be available for aliens described in section 203(b)(3) and in addition to any visas available for such aliens under such section.
To Spec
I think P.279 describes unused visa recapture between 1992 and 2013
SEC. 2306. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES.
removes the 7% limit for EB and increases it to 15% for FB.
OK. I read the relevant parts of the bill. Correct me if I´m wrong! This is what I think is going on:
-RPIs can adjust to LPR under a new section, 245C, but only after everyone in the backlog has been cleared. RPIs will be able to adjust to LPR only under the Merit based track two.
-Merit-based track 1: This is the points system. It has two Tiers. Really complicated. 120K visas assigned but can increase to 250K. Replaces the DV. The first five years of track 1 visas go to EB-3.
-Merit-based track 2: This is the backlog clearance system. There is NO CAP on the number of visas. (No way this survives). It has four subtracks.
-For anyone, whether EB or FB, who has a pending petition by the time of enactment, and has been waiting for 5 years, the visas will be assigned over 7 years. For example, of the 4M pending FB-4, 1/7th of that 4 million get a visa each year until the total has cleared. Same goes for EB-2/3.
-For those who have FB-4 petitions filed after enactment but before 2014 (when FB-4 expires), they have to wait until 2022, and would be cleared in two years.
-For anyone who has been lawfully present in the US for 10 years (this is for RPIs)
-For anyone who has been working legally for 20 years after 2029.
-Employment-based:
-EB1 gets exempted from the cap
-EB2 gets 40%, EB3 gets 40%, EB4 10% and EB5 10%
-Dependents get exempted
-Country caps removed
-Recapture of wasted visas since 1991
-PhD in any field exempted from the cap
-MD who finish waiver exempted
-EB2 is split into A and B. EB2-B is STEM masters. EB2-B is exempt from PERM and the Cap
Holy cow! I guess *V was right about everything. EB2-B STEM includes MS for sure (sorry haven't had time to read full bill yet and the language gives me a headache anyway)? And is it US only? Great news if this passes. And it's exempt from PERM and cap!Quote:
Originally Posted by justvisiting
I don't think EB guys could have asked for a better bill.
Simply Amazing! Almost everything we wanted is there. It may not be the case for the final law but this is an amazing starting point.
My very stupid question is: To qualify for any of the cap exempt categories like PhD holders or Physicians, will we need to file another I-140?
Most likely yes and that would suck! But just a little. Next is how will USCIS ever gear up to handle all of this?
The crappy thing is that the EB stuff is starting FY 2015....so no relief for FY13 or FY14 ... ergo folks with PD 2008 and early 2009 have no reason to celebrate.
Hmm. That is somewhat crappy. I guess they don't expect to pass it by the start of this FY (i.e. FY14) in Sep/Oct.Quote:
Originally Posted by vizcard
Just skimmed the relevant parts of the bill. Seems US STEM MS is exempt from the EB2 quota! Wonderful news if that goes through. I wonder if the 5 year is counted backwards from the PD or from I140 or I485 or what...?
Also FY 14 will be next Sep/Oct so I guess if this passes CO could take in a ton of applications in advance for pre-adjudication by making dates current temporarily and then retrogressing and processing in order of PD. Oh, and if Congress does manage to get this passed sooner than Sep/Oct, I guess the implementation date could be changed at the last minute to start this Sep/Oct instead of next.
One can dream can't one...
That would indeed be a dream as there is enough backlog demand to not have to do that until atleast Q3...and even then it would be slow movement. Also, there is no incentive to make it retroactive to FY14.Quote:
Originally Posted by abcx13
Yes. New I-140. But can self petition. Looks like EB-1B/C can also self petition, but how they do that without document support from the employer, is beyond me. The bill has many technical errors.Quote:
Originally Posted by kd2008
In the CIR full text,where do you see that "US STEM MS is exempt from the EB2 quota"?
All that I see (Pg. 7) is,
"On the employment green card categories, the bill exempts the following categories from the annual numerical limits on employment-based immigrants: derivative beneficiaries of employment-based immigrants; aliens of extraordinary ability in the sciences, arts, education, business or athletics; outstanding professors and researchers; multinational executives and managers; doctoral degree holders in STEM field; and physicians who have completed the foreign residency requirements or have received a waiver."
I am assuming that the very next paragraph on the same page refers to STEM Master's degree holders with job offer. They have been allocated 40% of employment visas. Although the allocation is far far above what they have been getting it is still capped at 40%.
lines 19-25 on pg 304 and lines 1-14 on pg 305.Quote:
Originally Posted by iamdeb
I have gone back an edited my summary. RPIs will be able to adjust to LPR only under the Merit based track two.
abcx,Quote:
Originally Posted by abcx13
It does appear that is the case from my reading as well.
Section 203(b) Preference Allocation for Employment-Based Immigrants
becomesQuote:
(b) Preference Allocation for Employment-Based Immigrants. - Aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
Section 201(d) refers toQuote:
(b) Preference Allocation for Employment-Based Immigrants. - Other than aliens described in paragraph (1) or (2)(B), aliens subject to the worldwide level specified in section 201(d) for employment-based immigrants in a fiscal year shall be allotted visas as follows:
(2)(B) refers toQuote:
(d) Worldwide level of employment-based immigrants
Quote:
(B) ADVANCED DEGREES IN A STEM FIELD-
(i) IN GENERAL.-- A qualified immigrant shall be admitted to the United States without respect to the worldwide level specified in section 201(d) if such immigrant-
(I) has earned a graduate degree at the level of master’s or higher in a field of science, technology, engineering, or mathematics from an accredited United States institution of higher education
(II) has an offer of employment from a United States employer in a field related to such degree; and ‘‘(III) earned the qualifying graduate degree within the 5 years immediately prior to the initial filing date of the petition under which the nonimmigrant is a beneficiary.
becomesQuote:
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5), to qualified immigrants who are aliens described in any of the following subparagraphs (A) through (C):
which is referring to EB1.Quote:
(1) Aliens described in any of the following subparagraphs be admitted to the United States without respect to the worldwide level specified in section 201(d)
Does the bill specify how they are going to handle current FB backlog for siblings?
on a separate note, I'd love to poll our forum readers to see how many will directly be impacted by this bill either in FB or EB.
Yes. Please see my summary above. Pending FbB-4 wii be able to get a "merit based immigrant visa" under the "merit based track two". Merit based track two has no numerical limit whatsoever.Quote:
Originally Posted by vizcard
If the FB-4 relative filed before the bill is adopted: They will have to wait between 1 and 7 years. (1/7th will be clear in each of the years 2015, 2016, 2017, 2018, 2019, 2020 and 2021).
If the FB-4 relative filed after the bill was adopted but before the category expires in 2014: They will have to wait until 2022.
Just to expand on above, merit based has two tracks:
Track 1: Points system, with numerical limits
Track 2: No numerical limits
2-1: Those in EB pending for 5 or more years.---- 1/7th will be able to get a GC in each of 2015, 2016, 2017, 2018, 2019, 2020 and 2021
2-2-A: Those in FB pending for 5 or more years (includes F1, F3 and F4. Remember F2 becomes IR) --- 1/7th will be able to get a GC in each of 2015, 2016, 2017, 2018, 2019, 2020 and 2021
2-2-B: Those in FB-3 or 4 who file after the bill is adoptedbut before the category expires in Sept 30, 2014: 1/2 will get GC in 2022 and 1/2 in 2023.
2-3: Those who have been legally in the US for 10 years in 2023. This includes former "illegals" who get the provisional status. Presumably it could also include someone who was a nonimmigrant for 10 years (it only excludes the new W visas).
What about naturalization ? I remember reading a NY Times article yesterday that they were going to reduce the 5 yrs post GC to 3 yrs. I skimmed through the doc but didn't find anything specific.
The naturalization aspect is modified thus in the new document on Pg. 109:Quote:
Originally Posted by vizcard
. Any lawful permanent resident who was lawfully present in the United States and eligible for work authorization for not less than 10 years before becoming a lawful permanent resident may be naturalized upon compliance with all the requirements under this title except the provisions of section 316(a)(1) if such person, immediately preceding the date on which the person filed an application for naturalization
. ‘‘(1) has resided continuously within the United States, after being lawfully admitted for permanent residence, for at least 3 years;
. ‘‘(2) during the 3-year period immediately preceding such filing date, has been physically present in the United States for periods totaling at least 50 percent of such period; and
. ‘‘(3) has resided within the State or in the jurisdiction of the U.S. Citizenship and Immigration Services field office in the United States in which the applicant filed such application for at least 3 months.’’.
It was originally as below:
(a) No person, except as otherwise provided in this title, shall be naturalized, unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, (3) during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.
Interesting. I missed that. So if I am interpreting correctly, you can get merit based GC after 10 yrs and then citizenship after 3 years? Even for an EB applicant? That is good b/c it caps road to citizenship at 13 years and 10 for GC. I'd prefer it was 5+5 (instead of 10 + 3) but I guess something is better than nothing.Quote:
Originally Posted by anuran
abcx,Quote:
Originally Posted by abcx13
On page 266 you might want to look at this clause under Merit Based, Track 1:
It sounds like you can't be both an EB or FB applicant AND apply for a Merit Based visa.Quote:
‘‘(8) INELIGIBILITY OF ALIENS WITH PENDING OR APPROVED PETITIONS.—
An alien who has a petition pending or approved in another immigrant category under this section or section 201 may not apply for a merit-based immigrant visa.
Read it and judge for yourself. By the way, Section 201 - WORLDWIDE LEVEL OF IMMIGRATION covers both FB and EB.
This is true for Track 1. But not for track 2. You can be a merit-based applicant in track 2. (Which is actually specifically designed for EB and FB backlogs, as well as for legalized immigrants.Quote:
Originally Posted by Spectator
The citizenship part, the way I read it, is not restrcited to merit based applicants. Anyone who is in the US legally with work authorization for 10 years when becoming a PR can apply for citizenship after 3 years. For example:
F-1 student for 4 years (with work authorization, for example, for on-campus work), then H-1B for 6, then GC. Or, legalized aimmigrant after waiting 10 years to apply for GC.
So let me offer two cases and I'd like your interpretation.
Case 1 - F1 for 4, H1 for 9 (renewals based on approved 140), then GC before FY15 -> Citizenship in ??
Case 2 - F1 for 4, H1 for 9, GC FY15 or later -> Citizenship in ??
If the F1 had work authorization for at least one year, it would appear the answer to both questions would be citizenship in 3 years.Quote:
Originally Posted by vizcard
Just to make sure, with this bill, we are not expecting to rely on merit track, right? I believe with Recapture, Per country elimination, not counting dependents etc, everything should be current within 1 year. Am I right ?Quote:
Originally Posted by abcx13
Without knowing actual numbers for recapture, I would hazard a guess - yes. At least for EB2. I'm not so sure for EB3 - I doubt it. Paging Spec!Quote:
Originally Posted by rupen86
Though it's also not clear how recaptured visas get allocated. Do the get allocated to the first year and then keep rolling forward until they are used up? And BTW, is there a provision to roll forward unused visas from here on out?
Sorry guys for a basic question,
If CIR passes, when will the effect take place. Couple of comments seem to mention FY 2015 (i.e Oct 2014).
I was looking at Ron's comments, he seems to suggest that only recapture will start from FY 2015, other provisions of the bill will be active as soon as the bill is signed.
http://www.immigration-information.c...t=20720&page=8
"Initially, as soon as the bill is signed, we will see a bump of at least 40,000 visas for EB2 and EB3. In practical terms, this is more like 84,000 since dependents are no longer counted against the quota. That, in turn, will move priority dates forward significantly. Next October (2014), with recapture taking effect, there will be enough visas to wipe out the EB backlog in its entirety and make sure that it remains "current" for years into the future."
Was wondering if there was any provision for legals after their GC(EB1-2-3) to get citizenship in less than 5 years? I guess the dreamers get their citizenship immediately in 5 years. Also for the illegals after they get their GCs, Citizenship in 3 years. I guess there has to be a provision for legals to get citizenship in 3 years as well. what do u think?
Recaptured visas get added to the top of EB (similar to how FB gets added to EB today). Rollover is in there too. Ofcourse all this becomes effective 2015. All of that is explained on page 277.Quote:
Originally Posted by abcx13