Discussion of Bills that remove the Per Country Limits - H.R.3012, H,R. 213

[gcq]

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.

[nostwal]

Will this bill Help

http://www.deseretnews.com/article/7...sed-visas.html

[rdsingh79]

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.

Will this bill Help

http://www.deseretnews.com/article/7...sed-visas.html

[July2007PD]

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

[stillanoptimist]

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

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

[immitime]

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.

[qesehmk]

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.

[geterdone]

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?

[immitime]

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!

[nishant2200]

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

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?

[Pedro Gonzales]

Will be good.
This is a very contention point issue though, and if you see trackitt, most other nationalities are bashing this idea.
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.

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.

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?

[nishant2200]

Sure, there can be debates on all this.

http://www.opencongress.org/ is a good website.

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.

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?

[iamdeb]

How long will it take the Chaffetz & Smith bill to be passed and implemented?

[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.html
In particular pay attention to all the stages that the bill could die.

[imdeng]

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.

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.

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.

[manubhai]

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!!!

[kd2008]

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

[kd2008]

Also support White House petitions:

https://wwws.whitehouse.gov/petition...avily/1NLS8G5c

https://wwws.whitehouse.gov/petition...ad-ap/d3D62yTt

[manubhai]

Signed. Thanks for the links KD.

Also support White House petitions:

https://wwws.whitehouse.gov/petition...avily/1NLS8G5c

https://wwws.whitehouse.gov/petition...ad-ap/d3D62yTt

[manubhai]

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

[immitime]

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

[gc0907]

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.

[gcq]

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.

[gc0907]

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.

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.

[gcq]

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.

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.