It was the same in CIR 2007. When democrats are in control, that is how it will end up.Originally Posted by gs1968
http://news.yahoo.com/senators-plan-...235357899.html
A truly comprehensive article on content. Plus a new item (for me anyway) bout reducing time from GC to citizenship from 5 yrs to 3 yrs.
http://abcnews.go.com/Politics/OTUS/...8#.UWzZzUqRdBE
CIR to be introduced in Senate today!
Lets keep our fingers crossed and hope for the best for EB India.
Some of the highlights of CIR also discussed in the following link
http://firstread.nbcnews.com/_news/2...revealed?lite=
Deb
Last edited by iamdeb; 04-16-2013 at 12:17 AM.
It needs WSJ subscription to read it.
http://mobile.reuters.com/article/to...30416?irpc=932
It's not just this article, but I see removal of dependents from the quota in very few articles.
I believe above was reported yesterday.The legislation includes a wide range of new work-visa programs that a Senate aide said would increase the number of skilled and employment-based visas while reducing family visas.
The bill would eliminate caps on the number of visas for immigrants with "extraordinary ability" in scientific or artistic fields, among others, as well as for multinational executives and those with doctoral degrees. Their immediate families also would be able to access visas that aren't subject to caps.
http://online.wsj.com/article/SB1000...442353016.html
Merit visa thing is different from EB visa thing. Merit visa replaces diversity visa and sibling visas. AFAIK, EB will continue as before. EB1 category will have no cap and those numbers will be reallocated to EB2 & EB3. Dependents won't be counted in the caps.
Let us wait and watch the actual draft. I do not see unlimited STEM MS visa - unlimited only for doctoral degrees.
Last edited by kd2008; 04-16-2013 at 07:23 AM.
Only for illegals I believe.
Also anyone else think the $500 and $1k fines for illegals are a joke?
Let's hope per country caps are also removed - else we will perpetually be at the mercy of SOFAD and porters.
Here are key highlights from Reuters (in the order of importance to EB backlog IMHO)
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.
Please add /delete / modify as the understanding around this evolves. Overall this is progress forward. Not as much as one would've hoped for .... but a definite progress.
p.s. - Somehow I didn't see the exemption of dependents from the quota. Please sight if you see it.
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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.
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I suspect this is quite an incomplete list and that other provisions are, in fact, included. Until the text is actually published we won't know the full details and it seems the press aren't so interested in reporting measures affecting EB.
From the Reuters article:
That is saying that EB2 would get 40% of EB visas and EB3 would get 40% of EB visas. That compares to the 28.6% currently.About 40 percent of employment-based visas would be allocated to professionals with advanced degrees to work in the United States in the sciences, arts and other professions, including certain people with foreign medical degrees. Those holding graduate degrees in engineering, mathematics, science and technology from U.S. universities also would be included.
Employment visas for skilled workers and certain professionals would be increased to 40 percent of the total.
That would be consistent with EB1A and EB1B or, as some have reported, all of EB1 being taken out of the numerical limits.
Without an irritant, there can be no pearl.
These things that we are interested in are not yet reported.
1) Elimination of per country limit
2) Not counting dependents
3) Recapture
Complete outline -
http://www.scribd.com/doc/136230105/...on-Act-of-2013
looks good for me.
http://www.nytimes.com/2013/04/17/us...pagewanted=all
In addition to merit based, there will be no cap on GCs after waiting for 10 yrs. I wish it was 5 for legals like every other country. Oh well, hopefully most of us in the EB system won't need that provision anyway...
Please see below
On the employment green card categories, the bill exempts the following categories from theannual 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 andmanagers; doctoral degree holders in STEM field; and physicians who have completed theforeign residency requirements or have received a waiver.
Also
Under one component of this merit based system the Secretary will allocate merit-basedimmigrant visas beginning on October 1, 2014 for employment-based visas that have been pending for three years, family-based petitions that were filed prior to enactment and have been pending for five years, long-term alien workers and other merit based immigrantworkers.
This is too good to be true. I hope it passes
Last edited by amulchandra; 04-16-2013 at 09:18 AM.
The positives:
1. Dependents are excluded as is EB1 and US STEM Phd.
2. H1B fines for H1B dependent employers (I wish the fines were higher)
The negatives:
1. No mention of removal of country caps. Let's hope this is in the House bill.
2. H1B numbers go up almost 2x. EB goes up slightly more than 2x since EB1 and dependents are excluded but I still think we'd end up with backlogs in the long run.
3. Only STEM PhD is excluded from caps not STEM MS. I guess STEM MS would have been too generous.
On merit based, I don't understand this portion of it (my PD is Sep 2012):
Between fiscal years 2015 and 2021, the Secretary shall allocate a seventh of the total number of those with employment based visas that have been pending on the date of enactment.
EB2 numbers go up to 56k. Today EB2 is roughly 40k with dependents. If you assume a dependent ratio of 2, that means we add 36k numbers for primary applicants, most of which should fall across to EB2-IC. Does anyone know what the backlog is for EB2-IC today (up to mid-2010 or the last PD for which you could file an I-485) excluding derivative applicants? I guess there should be an impact of less porting too, but it seems that it would still take a few years for EB2IC to become current.
Interestingly, it does say that illegals can't legalize until all EB and FB PDs are current!
Last edited by abcx13; 04-16-2013 at 09:40 AM.
More details from the link:
• On the employment green card categories, the bill exempts the following categories from theannual 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 andmanagers; doctoral degree holders in STEM field; and physicians who have completed theforeign residency requirements or have received a waiver.
• The bill then allocates 40 percent of the worldwide level of employment-based visas to : 1)members of the professions holding advanced degrees or their equivalent whose services aresought in the sciences, arts, professions, or business by an employer in the United States(including certain aliens with foreign medical degrees) and 2) aliens who have earned amaster’s degree or higher in a field of science, technology, engineering or mathematics froman accredited U.S. institution of higher education and have an offer of employment in arelated field and the qualifying degree was earned in the five years immediately before the petition was filed.
• The bill increases the percentage of employment visas for skilled workers, professionals, andother professionals to 40 percent, maintains the percentage of employment visas for certainspecial immigrants to 10 percent and maintains visas for those who foster employmentcreation to 10 percent.
• The bill creates a startup visa for foreign entrepreneurs who seek to emigrate to the UnitedStates to startup their own companies.
• Merit Based Visa:
The merit based visa, created in the fifth year after enactment, awards points to individuals based on their education, employment, length of residence in the US andother considerations. Those individuals with the most points earn the visas. Those whoaccess the merit based pathway to earn their visa are expected to be talented individuals,individuals in our worker programs and individuals with family here. 120,000 visas will beavailable per year based on merit. The number would increase by 5% per year if demandexceeds supply in any year where unemployment is under 8.5%. There will be a maximumcap of 250,000 visas.
• Under one component of this merit based system the Secretary will allocate merit-basedimmigrant visas beginning on October 1, 2014 for employment-based visas that have been pending for three years, family-based petitions that were filed prior to enactment and have been pending for five years, long-term alien workers and other merit based immigrantworkers.
• Long –term alien workers and other merit based immigrant workers includes those who have been lawfully present in the United States for not less than ten years and who are notadmitted as a W visa under section 101(a)(15)(W) of the Act.
• Between fiscal years 2015 and 2021, the Secretary shall allocate a seventh of the totalnumber of those with employment based visas that have been pending on the date of enactment. Petitions for spouses and children of permanent residents who are accordedstatus under the INA are automatically converted to petitions to accord status as immediaterelatives. Between fiscal years 2015 and 2021, the Secretary shall follow a specific formulato allocate visas to those with family based petitions pending on the date of enactment andsubject to some restrictions visas should be authorized in the order petitions were filed. Infiscal year 2022, the Secretary of State shall allocate visas to half the number of those thatfiled family based petitions after the date of enactment and had not had a visa issued by October 2021. In fiscal year 2023, the visas should be allocated to the other half of those thatfiled family based petitions after the date of enactment and who had not had a visa issued byOctober 2021. Visas allocated for these family based petitions will be issued based on theorder in which petitions were filed
There are some good points but certainly not too good.
-> Elimination of per country quota which was assumed to be included is mysteriously not there. This is disappointing to say the least. This also tells us that there are reasons other than CIR for this to be not there and that may be the reason HR 3012 failed last year. We will have to rely on house to have this and hope that when they meet to remove the differences, this is kept.
-> There is no Recapture of unused numbers
-> No EAD for H4
-> No Visa re-validation within US
-> No 60 day grace period for H1.
Last edited by rupen86; 04-16-2013 at 09:58 AM.
There is EAD for H4 as long as the other country reciprocates for US immigrants.
There is also a 60 day H1 grace period.
Fingers crossed that House removes country caps and that is kept.
It does not say all those who are waiting for more than 3 years will start getting GC. It is just going to use some numbers from merit based system and start allocating to those people. We do not know how much and we do not know the ratio. It is also going to allocate to family based green cards from this numbers.
I will have to read again for H1B grace period.
To abcx13
India currently does not get EAD for H4 because it does not reciprocate and it is not going to change with this bill ?
I quote below for EB2-3 from CIR summary that I see. What does it mean in terms of numbers and PR adjudication for EB2 and EB3 priority dates? Looks like EB1 will be without limits. We may assume the overall number for EB2 and 3 at 40% each of 140K?
· 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.
· The bill then allocates 40 percent of the worldwide level of employment-based visas to : 1)
members of the professions holding advanced degrees or their equivalent whose services are
sought in the sciences, arts, professions, or business by an employer in the United States
(including certain aliens with foreign medical degrees) and 2) aliens who have earned a
master’s degree or higher in a field of science, technology, engineering or mathematics from
an accredited U.S. institution of higher education and have an offer of employment in a
related field and the qualifying degree was earned in the five years immediately before the
petition was filed.
· The bill increases the percentage of employment visas for skilled workers, professionals, and
other professionals to 40 percent, maintains the percentage of employment visas for certain
special immigrants to 10 percent and maintains visas for those who foster employment
creation to 10 percent.
Updated ahead ..
Last edited by qesehmk; 04-16-2013 at 09:09 PM.
kkruna .. I took a stab at parsing that in a simple way in the other thread viz. http://www.qesehmk.org/forums/showth...4490#post34490
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
You guys dont realise not even now that removing the country cap is not the solution?????????
I wonder when ** will weak up and start spending the money and time for pushing to make sure that dependents are eliminated, visa recapture, and quata increase.
Those the only things that will acctualy make sense. Just by eliminating the dependents the effective visa numbers will more than double.
I wonder if Mexico will start having 60% of the applications in EB-3 if Indians will still think that country cap removal is the solution?
Country cap it make sense (maybe not 7%) but it need to be a limit if not poor countrys will overrun the system in 2 years.
AILA had posted the same scribd document. So that confirms it to be the real doc outlining the CIR.
http://aila.org/content/default.aspx?docid=44052
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