Senate CIR Bill Summary & Discussion

[Spectator]

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[justvisiting]

Anchor Post
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

[gs1968]

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[vizcard]

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)

[rupen86]

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[Pedro Gonzales]

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Bill is here
Immigration and Naturalization Act is here
Summary from Fragomen is here

[qesehmk]

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)!!

[abcx13]

Placeholder for Anchor Post by abcx13

[Spectator]

This document, created today on Sen Schumer's site may be the full text of the Bill.

It's a whopping 844 pages!!

[Spectator]

First thing i have seen relates to the Merit Based Visas.

The text says:

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.

Section 201(e) is currently the Diversity Visa program.

(e) Worldwide level of diversity immigrants.-

So it does appear that the Merit Based system is an alternative to the Diversity Visa program.

Of course, I may find something more later on.

I also found:

‘‘(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.

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.

[gs1968]

To Spec
I think P.279 describes unused visa recapture between 1992 and 2013

[Spectator]

SEC. 2306. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES.

removes the 7% limit for EB and increases it to 15% for FB.

[justvisiting]

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

[abcx13]

OK. I read the relevant parts of the bill. Correct me if I´m wrong! This is what I think is going on:

-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 the track for current illegals to get a GC 10 years from now).
-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!

I don't think EB guys could have asked for a better bill.

[kd2008]

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?

[vizcard]

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.

[abcx13]

The crappy thing is that most of the EB stuff is starting FY 2015....so no relief for FY13 or FY14.

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.

[abcx13]

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...

[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.

[justvisiting]

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?

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.

[iamdeb]

In the CIR full text,where do you see that "US STEM MS is exempt from the EB2 quota"?

[chengisk]

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%.

[vizcard]

In the CIR full text,where do you see that "US STEM MS is exempt from the EB2 quota"?

lines 19-25 on pg 304 and lines 1-14 on pg 305.

[justvisiting]

I have gone back an edited my summary. RPIs will be able to adjust to LPR only under the Merit based track two.

[Spectator]

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...

abcx,

It does appear that is the case from my reading as well.

Section 203(b) Preference Allocation for Employment-Based Immigrants

(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:

becomes

(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:

Section 201(d) refers to

(d) Worldwide level of employment-based immigrants

(2)(B) refers to

(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.

(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):

becomes

(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)

which is referring to EB1.