Q - I agree with kd that you should not refer to part 1 as elimination of country cap. It is elimination of quota.
Secondly, my understanding is that "new" EB2 is "old" EB2 + "old" EB3 with US STEM MS in past five years (so will benefit those where employer did not file in EB3 I think). This will increase EB2 demand since even ROW EB3 with US STEM MS can then file under EB2 and they will be current.
This is kind of a crappy bill for legals if this is all they could come up with. Really I mean? You can legalize 11m but can only increase legal GCs by some 100-140k/yr? And they probably aren't even increasing when you consider reallocation from FB...
Also, for folks agitating for recapture, while I support it as an alleviating measure, remember that it is NOT a permanent fix...
[I think there is a typo in the document, in bold I wrote what I think they meant to say. Basically, at least 1/7th of 120,000 visas will be vaialble for 7 years to clear the backlog. Even I can do the math = 120,000 visas. That is on top of not countig dependents, etc. If this bill passes as is, I think everyone goes to C right away.
EB2 goes from 40K to 56K, but remember that dependents are not counted. So that really is the equivalent of 120K under the current system. Plus, with the PhD exemption, a few extra numbers will be available
EB3 also goes to 56K.
Then, add the visas from 1/7th of the merit-based system. This will be 80% of at least 120K across EB2/3. = 96,000
Add 56,000+56,00+96,000 = 208K visas. That's the equivalent of about 450K under the current system!
Last edited by justvisiting; 04-16-2013 at 11:35 AM.
This report says the bill has been unveiled. It still does not say introduced in Senate.
http://www.reuters.com/article/2013/...93F05520130416
Last edited by kd2008; 04-16-2013 at 11:19 AM.
In the AILA summary for H1B workers the following points are covered.
1. We will provide spouses of H-1B workers with work authorization if the sending country of the worker provides reciprocal treatment to spouses of U.S. workers.
2. We will establish a 60-day transition period for H-1B workers to change jobs.
Thanks!
Deb
To abcx13/Q/rupen
I agree with Q that we have to take the time to read the Bill carefully for any hidden traps/benefits and not jump to conclusion. I mentioned before that the time to analyze any impact of CIR would be after the conference report is produced in Nov/Dec timeframe (if this gets that far). We have spent the last 18 months of our lifespan ( since introduction of HR 3012) agonizing over legislation which we have limited control over. The House Bill if one is ever released is going to be more punitive than this. Also the House may agree to some form of legalization of undocumented people but at no point in the recent past have they given any indication that they are about to open the floodgates for legal immigration like the Senate Bill is about to do
Country cap elimination is possible with the House Bill but I doubt that they will agree to complete elimination of annual caps on F-2A. Please refer to my previous post. The composition of the House Judiciary Committee or the entire House has not changed that much to expect a sea change of opinion. In fact the feeling amongst most House members is that immigration levels are way too high to begin with. Chairman Goodlatte however is open to increasing the proportion of Skill-based immigration and that might be a silver lining. Rep.Labrador has already said that the AFL-CIO/Chamber of commerce deal is too pro-labor and will not pass muster in the House
Long way to go!!
I like it - I like it
Looks too perfect. I do not care about keeping or removing country caps, If the dependents s are excluded and numerical limits are increased.
Also excluding PHDS and Physicans is very good . Excluding MS is asking too much - seing too many unversities now a days. Atleast gives motivation to PHDS
Consideration for 10 years stay and shifting to Merit based system
All to my liking
When this will happen?
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
This bill still has a long way to go but it is heartening for me to see the Dependents, EB1-A, B & C, PhDs in STEM, and Physicians being kept out of numerical limit, especially being a physician my self.
What are the sticky points here as far as legal immigration?
I think getting rid of sibling sponsorship and DV is going to give some people heartburn. I also think the mechanics around who gets exempt from quota will be scrutinized to ensure that doesn't get abused. The main aspect that will be discussed is how to prevent visa overstays and use of eVerify.
Also, I think the "smart" people will ask the fundamental question - how does this reduce today's backlog and how does it address changing market needs.
PS: I have no idea when this will be "effective from" especially if it goes to the House in late summer / Fall.
Don't think anyone has realized truly how many extra visas EB gets from this bill. Exmpting depents more than doubles the numbers right away. Total % increases to 40%. Then getting 1/7th of the merit based system (add 65K form FB-4 and 55K from DV and that's were you get the number) reserved for 7 years. Plus, those that have been pending for three years seem to get another chunck of visas, not sure how many.
Waiting for the actual text but my initial estimate is that they are essentially tripling the number of EB2/3 visas.
Assuming CIR talks gather sufficient momentum, do you think CO would move the dates forward in June/July bulletin?? (at least until a point where he feels the dates would reside without CIR (Anywhere between Dec. 2007- Oct. 2008))
I believe the senators must have looked at numbers - with the idea being to clear the backlog (in 5 years?), and then keep it steady state for later admission of now undocumented.
Still, why do the numbers for employment immigration look like "floodgate"? Take also into account that they would also be redistributing more visas from lottery and sibling category within 2 years.
I think the opposite, to keep the momentum going or to induce more, CO will not move the dates forward. He will take every opportunity to not committing any further mistakes and will play it safe. He will not move the dates until September and I think he will make it current for everyone (yes, I mean everyone including EB3 India) in September.
One user posted Link on I V .. in the Video Rubis says .. "we have gotten rid of per country Quota"..
http://www.newsmax.com/Newsfront/rub...4/16/id/499727
TSC | PD: 04/22/2009 | RD: 02/09 | ND: 02/13 | Checks Cashed: 02/14 | NRD: 02/17 | Greened on : 09/06/2014
I don't dislike the bill but I don't love it either. I'm kind of lukewarm. I guess we'll see if the merit based visas + not counting dependents, EB1, STEM PhD makes EB2I current. Without the merit based visa, I doubt it will, and I don't really understand the merit based visa - does it give everyone who's been waiting longer than 3 years for an EB GC a GC right away? No quota, no cap? And it doesn't count against EB? Seems like a band aid measure and I'll personally be happy because it would make EB2-I Current which means I'd get a GC, but I don't think this bill solves the problem of backlogs once and for all, especially now that H1Bs are going up.
This is where the great confustion is.
What about PIO or OCIs from other countries. They are not even citizens of India or the other reciprocating country where they were born.
What about their H4 spouses ability to get EAD?
I suppose this will be clear in future
[QUOTE=abcx13;34486]There is EAD for H4 as long as the other country reciprocates for US immigrants.
According to I V admin about the released outline:
Hmmm... things get interesting.This bill summary posted on lawyer's website/blog etc is an older version of the document. This has been a work-in-process document, changed many times in last 2 months.
We do have the latest version and some of the folks here have seen it. But we have to be responsible in honoring the request from the lawmakers to not make it public before the bill introduction.
Hang-in there, this will be interesting 4-5 months. And we will need all the participation to get this going.
Indeed there are words elsewhere that the country limit is not there. Also, visa recapture is there.
Here is the summary from I V
1.) Recapture (from unused GC since 2001)
2.) Elimination of per-country limits
3.) Exemption for dependents
4.) Exemption for US STEM graduates
5.) Ability for H-4 to work (if your country of origin reciprocates the same)
6.) 60 days Grace period on H1
As per I V summary of draft published by others (including lawyers) is 2 months old. I V has the latest draft from lawmakers but cannot publish it as per agreement with lawmakers.
Thanks
Last edited by Suva2001; 04-16-2013 at 02:27 PM.
Newbie to post, Appreciate good work done by all members to keep the forum very informative. With all the post's regarding the CIR, what happens to current EB2 without Masters? Will they be classified as new EB3?
Since drafts say
EB2/EB3 ( with Masters less than 5 years ) = 40%
EB3 = 40%
other 20 %
From Q's quote here
"
Revised Summary (for EB immigration reform in order of Importance)
From Reuters
1. Existing Backlog will be eliminated. (Doesn't say how).
2. American graduates to have a separate quota (within overall limits).
3. Enterpreneurs to get a separate quota (other than E5)
4. Fifth year onwards merit based visas (similar to canada or UK)
Another far reaching provision that is sure going to create backlog in future is that H1B cap is being raised to 110K with max cap at 180K.
From Scribd
1. Elimination of numerical cap for
Dependents
EB1-A & B & C
PHD in STEM
Doctors
2. Change in composition of visas as follows
EB1 - no quota - no limits
EB2 + EB3 w US degrees - 40%
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)
3. Long term overhaul of current system
All caps will be removed effectively by moving to merit based system
Merit based cap will keep increasing to 240K 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)
Chronic backlogs will get special visas (not clear if under then current quota or not)
Again ... our understanding will evolve .... so lets keep revising ...
Also keep in mind that either reuters or scribd are not really authenticate enough to consider this as final word on this bill.
Good luck to everybody. "
Last edited by iwait3; 04-16-2013 at 03:53 PM.
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