The questions is what should be given priority, country cap or EB preference category ?
country cap had the upper hand till 2000. When AC21 was signed into law by Bill Clinton, it gave priority to EB preference category over country cap.
The questions is what should be given priority, country cap or EB preference category ?
country cap had the upper hand till 2000. When AC21 was signed into law by Bill Clinton, it gave priority to EB preference category over country cap.
Will this bill Help
http://www.deseretnews.com/article/7...sed-visas.html
If this bill is passed, it would be great relief for all backlogged applicants. It would mean GC on first-in first-out basis regardless of country of birth of the applicant (within each EB category). This means very fair and just system than the existing one.
Quote:
Originally Posted by nostwal
this bill is very very important I was involved in this bill in my company 6 months ago .... We had made any lobbying efforts and has high chances of passing ... Let's keep fingers crossed .... Last major bill before elections fellas
Thanks for the link. I hope this bill passes too.
only hope for folks with EB2 PDs 2008 and beyond and especially EB3IC.
would have been good to get other measures like visa recapture, stem exemption etc but frankly those have no chance in the current Republican held House so we will take wht we can get.
I strongly support this bill
Quote:
Originally Posted by July2007PD
my view on this. this is only my view people can differ and I accept that is their veiw.. no fights regarding this.
More than Country cap more than EB preference, GC should be issued on a First come First Serverd basis immateiral of country, category.
The situation today is as follows:
The country cap exists @7% of EB+FB limit. The only exception to country cap is spillovers / unused visas from other countries/categories. The unused visas are allocated by category rather than by country - the preference being EB5 ->EB1 -> EB2 -> EB3.
I think the best solution is to have a first in first out by category. This preserves the purpose of category while not discriminating based on country origin. There are multiple things additionally that can be done:
1. Do not require any quota for dependents
2. Do not require any quota for EB1A EB1B
3. Double the immigration limit.
4. If not FIFO, at least make country quota proportionate to the population of that country. Madagascar and China shouldn't have same limits!!
There could be many others..but these are pretty much key ones.
H.R.3012 - To amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other purposes.
This was introduced on 09/21/2011 by 2 republicans. if this gets passed, (yes the big 'IF') will it be good or bad for EB2I?
Thanks Q,
there are two bills in congress one Rep. Jason Chaffetz from Utah and Rep. Lamar Smith introduced H.R.3012 and one Rep Zoe Lofgrens H.R. 2161.. if both of them passes the house and senate and becomes law, which is a dream and lot of pulling and pushing may occur if at all those comes for the floor votes. but Hypothetically what you have posted are there in those bills. Even though it is a political game by two parties but as election year any thing can happen.
These are the only scope for Eb-3 India who filed before Year 2006.
If anyone have any ohter way for EB-3 India people who are terribly backlogged Please spill some light. and I am sure with the existing laws, EB-3 India will never ever move more than a week or a month each VB!
Will be good.
This is a very contention point issue though, and if you see trackitt, most other nationalities are bashing this idea. This is a main bullet point being lobbied for by IV also.
I personally feel the biggest non controversial relief can be:
1. Capture unused visas from previous years.
2. Do not count dependents towards visa number limitation in Employment Based.
1 would be least controversial. 2 will still generate debate.
1 will give relief to huge backlog of people currently waiting, while 2 will ensure a good degree of waiting time relief to new incoming.
Further:
1. A memo similar to Kazarian for EB1C
Quote:
Originally Posted by geterdone
I disagree. The contention on this bill is between two sets of immigrants. Both sets of immigrants are relatively unimportant to the legislators compared to the unemployed citizens and businesses.Quote:
Originally Posted by nishant2200
The way I see it,
This bill Benefits: EB I & C immigrants and businesses; Disadvantages: Non I & C EB immigrants; Unaffected: Average American citizens
Both options 1 (recapturing old visa numbers) and 2 (not counting dependents) accelerates the # of permanent residents in the US. So they Advantage: EB I & C immigrants, Non I & C immigrants and businesses; Disadvantage: average American citizens (at least is seen this way by the anti immigration lobby);
As far as legislators are concerned, this bill is a whole lot more palatable to their constituents.
Btw, is there any site that describes the status of all the different legal immigration bills that have been floating around?
Sure, there can be debates on all this.
http://www.opencongress.org/ is a good website.
Quote:
Originally Posted by Pedro Gonzales
How long will it take the Chaffetz & Smith bill to be passed and implemented?
If it garners support (which is questionable, since it isn't a hot issue for anyone, Democrat or Republican) it may well take 8 months. Check out this page which describes the legislative process: http://www.murthy.com/news/UDlegpro.htmlQuote:
Originally Posted by iamdeb
In particular pay attention to all the stages that the bill could die.
All the bills floating right now are just political posturing - I don't think anything will get passed until we are out of the recession and unemployment drops. This bill, although, will greatly help EB2IC if it passes. I really have no hope of legislative relief, no faith in the legislative system (Congress/Presidency) to take up our cause - we are too insignificant in their plans.
The best option for us is to keep our noses clean, hold on to our jobs, keep renewing your H1B (thank you AC21!) and wait until your date becomes current. Meanwhile, forums like this provide us with a semblance of transparency in the process. I know I sound pessimistic but that's where I am.
BTW - I don't wish to get politics in the discussion - but seems like Republicans are more of a friend of legal employment based immigration than Democrats are. It sucks that Republicans are also against almost every other issues of priority for me. No that it matters - I don't have a vote anyways.
Quote:
Originally Posted by Pedro Gonzales
This is probably the only bill out there that truly has any chance of becoming a law - because it does NOT change the total number of green cards issued per year.
You can spend about 2 minutes to login and vote in its support here:
http://www.opencongress.org/bill/112-h3012/show
and here...
https://www.popvox.com/bills/us/112/hr3012
And you can read about it here:
http://www.govtrack.us/congress/bill.xpd?bill=h112-3012
Go and press the Support button NOW!!!
This was my letter:
I am writing as your constituent in the 1st Congressional district of xyz. I support H.R.3012 - To amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants.
The Immigration and Nationality Act generally provides that the total number of employment-based immigrant visas made available to natives of any foreign country in a year cannot exceed 7% of the total number of such visas made available in that year. The bill eliminates this per country percentage cap.
The current percentage cap has created a backlog of qualified workers. American companies view all highly skilled immigrants as the same regardless of where they are from, and our immigration policy should do the same.
HR 3012 creates a fair and equitable, “first come, first serve” system. Under this system, US companies will be able to focus on what they do best – hiring smart people to create products, services, and jobs for Americans.
Current law prohibits US employers from hiring foreign workers to fill these jobs unless there are not sufficient US workers who are able, willing, qualified, and available. The employment of the immigrant will not adversely affect the wages and working conditions of similarly employed workers in the US. HR 3012 does not change this, but it does encourage high skilled immigrants who were educated in the US to stay and contribute to our economy, rather than taking the skills they learned and aiding our competitor nations.
I urge you to support this bill and ensure its quick passage into law.
Sincerely,
xxx yyy
Also support White House petitions:
https://wwws.whitehouse.gov/petition...avily/1NLS8G5c
https://wwws.whitehouse.gov/petition...ad-ap/d3D62yTt
Signed. Thanks for the links KD.
Quote:
Originally Posted by kd2008
For folks wondering how to send a letter... you could use the same opencongress.org link as mentioned above:
http://www.opencongress.org/bill/112-h3012/show
This is not going to harm anyone. Just need another signature. If you get Ciitzenship like this, this will save another 5 years of your wait time to this long journey...
Short URL: http://wh.gov/4ki
Save and Share this URL: https://wwws.whitehouse.gov/petition...d-tax/mQXpMRDb
I don't understand this clearly if anyone can explain:
1: How will this save 5 years of wait time? At the end of the year, the unused visas are still available to IC as spill over.
2: What about the countries the underutilized countries? If there is no limit won't the over demanding countries IC eat up all the visas and countries with less demand might not get enough.
May be I might be misunderstanding but I don't see it making a major difference and also it might harm under utilized countries.
Country of birth should not be a factor in EB green cards. This will award green cards based on "first come first served'. If a ROW candidate applies for his GC before I/C guy, ROW guy will get it first. This brings fairness to the system.Quote:
Originally Posted by gc0907
I think it will be unfair to the countries from which demand is less. Most of the visas will be used by IC due to high demand.Quote:
Originally Posted by gcq
If a candidate from country with low demand (ROW) applies before a candidate from I/C, ROW candidate will get his GC first. If I/C candidate applies first, he will get it first. There won't be any preferential treatment for anyone ( which is happening as per the current rules). Employer doesn't care about the country of birth of a candidate, they only care about the skills that the candidate brings to the table.Quote:
Originally Posted by gc0907
Like the earlier poster said, visas will be given on a first come, first serve basis. So if in a year India and China are 80% of the applications then they will get 80% of the visas and ROW be 20%. Right now even if India and China are 80% they get 7% each and then spillover if any remaining. Isn't this unfair to India and China? This unfairness is fixed by this bill.
Of course, ROW won't be current & retrogress because of this bill and they have to wait longer than before - but it will be still much less than India and China who wait over 5 yrs on average right now.
Folks,
I urge you to vote in support of the bills and petitions.
As many have already stated, this forum is an amazing collection of people who are united behind a cause that effects them greatly. However, it is one thing for us to talk, and something else for us to take an action, however small it may be.
These bills and petitions you may have seen floating around in the last few days, if you choose to show your support for them, require a time "loss" of about 3-4 minutes (including registration or login and voting).
Please sleep 4 minutes late tonight and wake up at the usual time tomorrow to cover up the "loss". If half of the people who visit this board regularly do that, we'll get a good amount of attention to a very fair and just cause that truly does assist the US economy.
And a personal note on the difference between the bill (HR 3012) and the petitions - Please remember that the petitions cannot be converted into a law by a Presidential executive order. These petitions will require some congressman to put into a bill some time in the future. A "bill", like HR 3012, is already set in motion. I get that it has a long way to go, but its still less than something that might just ONLY get 6000 votes and will then need to start its long road ahead. Having 10-15 congressmen take note of HR 3012 because of your going to opencongress.org and spending 5 minutes writing will be a huge move forward.
The strength of HR 3012 is that it is something that is palatable to immigration hawks. It does NOT increase the number of green cards per year. It does NOT try to get more aliens to "steal" American jobs. It basically says one thing: First come, First served. (And anti-immigration media has already started labeling it as another job killer in the making)
Also note that non-Indians and non-Chinese are effected by this bill negatively and will try to oppose it. My only statement is that things are so unfair today and that the leveling of this playing field should not be considered as unfair by non-IC beneficiaries. Also, if both the immigration hawks AND non-IC beneficiaries are going to be opposing this, it is even more important for IC beneficiaries to show their support.
It is my opinion that this bill is the strongest and most "passable" bill we have seen in years. Its sponsors Jason Chaffetz and especially Lamar Smith are serious heavyweights in the Republican party. Given the breakdown and deadlocks in DC, having a real law passed to make wait times bearable is really a fantasy. This thing is the closest to fantasy we have.
The links for HR. 3012:
http://www.opencongress.org/bill/112-h3012/show
and here...
https://www.popvox.com/bills/us/112/hr3012
Please make sure you show your support on both of them, and write to your congressman via opencongress.
Thank you and Good luck!!
This is the White House petition for supporting HR 3012: Fairness for High-Skilled Immigrants Act.
The summary of this bill is: FIRST COME, FIRST SERVED - If your priority date is before mine, you should get your green card before I do, regardless of your or my country of origin.
Please sign the petition here: http://wh.gov/4d1
Please remember: At the end of the day, even if this bill does not pass, it is extremely important to bring to the attention of the people and the administration, the years of wait that some of us have to go through. Your vote on this petition and the bill, along with writing to your congressmen, could be the push that makes LEGAL immigration an urgent and important enough issue for people to consider more seriously.
I urge you to do your little part in this process by signing that petition.
You can also write to your congressmen:http://www.opencongress.org/bill/112-h3012/show
You can also show your support for HR 3012 by pressing the support button on POPVOX: https://www.popvox.com/bills/us/112/hr3012
done .. spread the word too on other forums and facebook ..
Quote:
Originally Posted by longgcque
Thank you! I am trying what I can. I am thoroughly confused why this bill is not getting as much attention as it should in the Indian and Chinese community. Instead of an in-the-air fantasy petition that will have to be "pushed" by the white house, this is a real bill that already exists and has the support of - at least - two heavy weight congressmen (that too Republicans). I hope people take the time to read and recognize what this bill proposes.Quote:
Originally Posted by leo4ever
Friends
When we look into the text of H.R.3012 Bill here..http://www.gpo.gov/fdsys/pkg/BILLS-1...12hr3012ih.pdf,
it speaks about the transition rules ( If the bill enacted ) for EB based in the years 2012, 13,14 ... how the visas should be split among ROW and backlogged countries........ After 2014 it is first come first serve
I think the house reps have already discussed abt moving forward with this bill....and has a good chance of passing in the House. But the Senate passage has no clue ......
I am hoping for the best.
Here's a quick summary of the bill.Quote:
Originally Posted by Kanmani
a) It eliminates per country limits for EB by FY 2015, but it drastically increases it right away.
b) While the split of EB1, 2, 3, 4 & 5 does not change (40K each for EBs 1 through 3), for 2012, all but 15% is now open to all countries (6K reserved in each category, so 34K open; increasing to 36K in FY 2013 & FY2014).
c) That 6K (dropping to 4K in 2013 & 2014) is reserved for all countries other than India and China, whereas for the remaining 34K visa numbers, all countries can compete based on PDs (its basically India and China for at least FY2012 and probably most of FY 2013 too since the others are all current right now).
d) There is also a limit of 28K (28,028) per country, that may or may not apply for EB2 India in the first few years. I wasn't able to tell based on the analysis Spec & Q and others have done what the split is between India and China post July 2007.
e) The biggest winners will be EB3 India (should move to Sep 2004), EB2 I & China (should move to Sep 2009) and to a lesser extent EB3 China, Mexico and Phillipines (should catch up with EB3 ROW and move to around Sep 2005) all by the end of FY 2012. The biggest losers would be EB2 ROW which will retrogress to around Sep 2009.
Here's the fundamentals of my analysis for EB2. EB2 I & C will now have 34K of available visa numbers + 20K of estimated spillover falls down (will be lower than previous estimates because there will no longer be EB2 ROW FA; Q estimates in the first post of this thread that 22.6K of EB1 + EB5 FD came to EB2 I & C last year, i assumed a slight discount to that in FY 2012) to provide 54K visa numbers for EB2 I & C.
Using Spec's sheet (http://www.qesehmk.org/forums/showth...oved-in-FY2011) and his assumptions of 8.1K backlog, 1.5K left over applicants from FY 2011 (pre April 2007) and 3K porters (midway of his range), we get to the bottom of his chart (Jan 2009) having used up only 49.5K visa numbers. It looks from the bottom of that chart that we are looking at roughly 500 applicants per month, so the remaining 4.5K available visa numbers (54 - 49.5) should move us another 9 months to Sep/Oct 2009.
Even without spillover, this bill would permit 8.5K of movement per quarter, allowing movement to Sep 07 by Q2, Jan 08 in Q3, and May 08 by Q4. Nothing but good news if this bill becomes law. Something to keep our eye on.
Kanmani, i'm nominating you our legislative process coordinator. Please keep us informed as and when you find out more.
Quote:
Originally Posted by Pedro Gonzales
Pedro, Nishant - I agree.Quote:
Originally Posted by nishant2200
Based on your statements, I ask you to show your support and spread the word for HR 3012's petition here... http://wh.gov/4d1
Just started... and I am getting as many others as I can to join in. Please sign the petition.
Kanmani... you too...
http://wh.gov/4d1
A bill under consideration already in the house is the best shot we have of getting attention to our cause.
How long will it take for the bill to pass?
Since its mentioning starting fiscal year 2012 (which starts next week) I believe it should pass within next 3-4 months.
I hope this one is clubbed with economic recovery, how this will help economic recovery. That is the main catalyst that would help the bill, not because the system is unfair or any sympathy for legal immigration.Quote:
Originally Posted by iamdeb
Unless it is a bipartisan bill ( Republicans & Democrats both agree unanimously) it takes atleast 6 months to pass.Quote:
Originally Posted by iamdeb
actual process of the bill is getting passed in both House and Senate before presented for signature to President (H & S are like Rajya sabha and Lokh sabha in India but here unlike RS, house members are also elected by people)
The drawback is after got passed in House, around 400 Bills are sleeping in the Senate as of 2010 without consideration.
So we cannot celebrate even if it gets passed in the House .
Various news agencies report that Republicans are very keen to pass atleast one legal immigration bill to raise their election fund from IT companies.
Thats why I am hoping for the best with fingers crossed
How a Bill becomes a lawQuote:
Originally Posted by iamdeb
http://www.usconstitution.net/consttop_law.html
RMS, I think you have made your point clear about online petitions' futility in bringing any change in immigration system.
However, this forum has certain decorum that people generally maintain. I will appreciate if you could maintain it. I hate to put any restrictions on anyone. And we have done it only on one user in the last 1 year of our existence. So I request you to calm down and engage in meaningful dialogue. Disagreements are ok. Attacks are not ok.
Quote:
Originally Posted by RMS_V13
fyi,Here is the press release last week from the congressman who introduced this bill
http://chaffetz.house.gov/press-rele...ion-bill.shtml