Not sure where you see EB3 specifically. It says Merit-based. Those apply to EB2 (a subset) and EB3.Originally Posted by justvisiting
Not sure where you see EB3 specifically. It says Merit-based. Those apply to EB2 (a subset) and EB3.
See Spec's post above. The section I pointed out specifically says that fiscal years 1 through 4 of merit-bassed visasgo to immigrants under setion 203(b)(3). Section 203(b)(3) is Eb-3.
By the way, the reason I think they are setting aisde the first 4 years of merit-bassed visas to EB-3 is to give USCIS plenty of time to come up with regulations for the point-based system, which kicks off in the 5th year after enactment. In the meantime, people can avail themselves of EB-3.
Does it mean that around 120k as per the numbers Spec had run for Eb3 + 120k more from merit based ? so around 240k in the FY2014 for EB3 ?
rupen,
So it seems.
It's all too good to be true, isn't it. The House version might not be quite so generous.
I don't know what a revised figure for EB2 would be, because I have no info on the potential numbers who could take advantage of the Doctorate and US STEM Masters provisions and how long it would take them to do so.
Without an irritant, there can be no pearl.
From Oh Law firm,
04/17/2013: H-4 Spouse EAD Administrative Fix Proposal and CIR Legislative Proposal
After reading the CIR bill, we wonder whether this bill has caused the USCIS proposed rule on the subject in limbo at the OMB. The H-4 EAD proposal is very narrow in both the administrative option and legislative option. For the USCIS proposal, it is narrowly applied to the H-4 spouse only when the H-1B primary spouse has been in green card journey and is available for either 7th year H-1B extension or 104(c) three-year increment extensions pending green card proceedings. The H-4 spouse EAD proposal in the CIR appears to be very narrow as well in that unless their home country immigration law allows a similar benefit to the spouse of the American worker in their countires, this option will also not available to the involved H-4 spouses in this country.
We have not checked with the Indian immigration law relating to the subject of present interest, but a visitor forwarded the following information to this reporter, which was very information and educating to the reporter. Indian immigration law experts may send this report their comments on the subject. "The work visa for H4 will be allowed only if the country from where the applicant came from allows work permit for spouses. This is so much confusing and complicated as each country has their own way of dealing with it. For India we have visa "X" for spouses and in India if the spouse can prove that he/she is highly skilled and have a job offer of more than $25,000K per annum, they will issue a work permit. In India getting a job is not at all difficult and is unlike the red tapes we have here in US. But interpreting the India laws can in effect mean that India does not allow work permit."
For this matter, we want to solicit participation of immigrants from all different countries in discussion of their immigration laws on this subject. Believe it or not, there are many immigrants and visitors who are familiary with their immigration laws in their home countries. Please share your knowledge with your colleague immigrants in this country.
Does fiscal years 1-4 mean FY14 to FY17 of FY15-18. It says for "after date of enactment"...not quite clear to me.
IF EB3 is 120K+ what is EB2 ? All categories should become current immediately with those numbers. Why wait 5 yrs for the merit system then
Hi spec,
I need to know your interpretation of this statement.
What is the meaning of "initial petition" when a person ports date from Emp A to Emp B
1. First approved PERM petition with Employer A
2. First approved I-140 petition with Employer A
3. Current approved PERM petition with Employer B
4. Current approved I-140 with Employer B (with date ported)
Which of the above petition date is it talking about.
It is very unclear whether many of us who graduated in 2004/2005/2006 qualify or not... Your inputs greatly appreciated...
There are two merit based systems. Perhaps that's what your missing? Merits-based points system is for future immigration, not current backlogs. The other merit-based track, "track two" is for backlogs and those legalized, and kicks in in FY2015.
yup..thats it..thanks.
what does the "initial filing date" mean in the following sentence " "earned the qualifying graduate degree within the 5 years immediately prior to the initial filing of the petition under which the non-immigrant is a beneficiary"..."
The question is for people porting dates from EB3-EB2.
1. initial date of PERM filing with emp 1
2. initial date of I-140 filing with emp 1
3. initial date of PERM filing with emp 2
4. initial date of I-140 filing with emp 2 (successful porting done)
None of the above. It would be within 5 years before filing the new I-140 to be classified under EB2-B
It says after bill enactment date, first 4 fiscal years. It does not say 2015. So, if bill is enacted before Oct, first fiscal year should be FY 2014. If bill is not enacted by Oct, first fiscal year could be FY 2015. This is my interpretation.
So its unlikely that there's going to be any benefit for 2014
Last edited by vizcard; 04-17-2013 at 07:01 PM.
Why do you say so? What makes you think it is the I-140 filing date for the new petition.
Also what would be the incentive to have special restrictions for 5 years.
If what you are saying is true, then people will go back to their original employers... that way it will be faster... since the original petition is always open...
viz,
Why so glum?
I'm not sure why you say that.
EB2 would still likely get the equivalent of about 120k in the first FY after enactment. The vast majority of those would go to EB2-I, since per Country limits would not apply.
Without an irritant, there can be no pearl.
Probably true. The law is written not thinking about those in backlogs, but thinking about future immigrants. Also,not any STEM degree will work, it has to be from a "United States doctoral institution". From a practical standpoint, USCIS has to review your credentials. The bill itself says that an I-140 will be necessary (the law, and this bill, does not use the term I-140, they call it petition to accord immigrant status or petition under section 204).
About the per country cap limits, this is what I could find from the bill:
1. The limit got increased from 7% to 15%
2. The new limit will be effective 1 year after the enactment of the bill into a law
See:
>> SEC. 2306. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES
>> (a) Numerical Limitation to Any Single Foreign State
>> (4) by striking `7' and inserting `15'; and
>> (d) Effective Date- The amendments made by this section shall take effect 1 year after the date of the enactment of this Act.
seahawks,
You missed:
which means it does not apply to EB.Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is amended—
(1) in the paragraph heading, by striking ‘‘AND EMPLOYMENT-BASED’’;
Without an irritant, there can be no pearl.
If bill is enacted before October, why would not first fiscal year be 2014 ?
[QUOTE=justvisiting;34662]Probably true. The law is written not thinking about those in backlogs, but thinking about future immigrants. Also,not any STEM degree will work, it has to be from a "United States doctoral institution". From a practical standpoint, USCIS has to review your credentials. The bill itself says that an I-140 will be necessary (the law, and this bill, does not use the term I-140, they call it petition to accord immigrant status or petition under section 204).[/QUOTE
Thanks for clarifying that PERM is not a petition. PERM is an application. So it has to be I-140 petition.
However, if it was only for the current employers I-140 petition then what was the need to mention "initial filing date of the petition". The term "initial" seems to suggest that there can be multiple petitions and the initial one is considered. KJust like priority dates.
Also the 5 years make much more sense if they are talking about the initial I-140 petition. Once a beneficiary has an approved I-140 before he runs out of H1 time then he/she can get unlimited extensions. H1 time is 6 years. I think the 5 will be changed to 6.
I said "unlikely" as I don't believe the bill will be enacted by Sep-end. It has to go thru the Senate (may/June timeframe), read/discussed in the House, edited (almost guaranteed) and then voted (and hopefully passed) and then re-voted in the Senate. You also have summer recess which is pretty much all of August.
I hope I'm wrong but I don't see this going thru by FY13 end ergo first fiscal year will not be FY14. Sorry for being a "gloomy gus". Like I posted this AM, I don't see CIR affecting anyone with PDs mid 2008 - early 2009. It will be business as usual for them as far as GC.
Last edited by vizcard; 04-17-2013 at 10:28 PM.
Is the following an accurate assessment?
CIR is highly favorable for EB applicants currently in the queue. Right now, it appears that EB STEM will have a cake walk in terms of getting GC, but the devil is in the details. You will need a H1-B in order to even apply for EB STEM GC
Face it, with all the restrictions on H1-B in CIR, and with 100,000+ new "american" workers ( current EB queue) poised to enter the work force in a few years, securing a H1-B with all the restrictions, will be a nightmare.
Unless, you are the best of the best, it will be hard. the reasons are as follows
1) The desi consulting business model will be bust, denying the H1-B route that many Indian Masters STEM students take
2) Major Indian outsourcing models will be bust, hence denying minor desi consultants the "projects" to supply Masters H1-B.
3) It will be very tough for a legit businesses to prove that they need H1-B, especially when there are 100,000 new "american" workers (current EB queue)
This will result in
1) Major tech firms cherry picking talent, meaning, only the best of the best will survive into a H1-B
I doubt, if even 65,000 H1-Bs will be filled from fiscal 2015.
Tough time ahead for Indian STEM Master's students unless you are the best of the best, which is what US EB system was in most of the 90s, prior to the IT outsourcing revolution in the late 90s resulting in the EB - backlog mess we are in today.
My take is : Whether passed or not, ongoing debate will have effect on new PERMS/new I-140s and hence also would change COs thinking.
Unless something happens and CIR has absolutely without any chance.
Even EB1 applications may drop in next few months, as the companies might want to wait to see if their candidates can be pushed through limitless EB2 band wagon next year or so.
Any major immigration bill even under discussion would be ripple effects right from now
Not sure what limitless bandwagon you are talking about. There are some pretty strict rules as to what kind of STEM masters degree qualifies. It has to be from one of the best research universities in the country.
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