Bills, Rules & Politics

[Jonty Rhodes]

Be wary of applying via the EB5 program. I-526 applications are taking on an average around 16 months for approval. If you decide to use regional center - there is a lot of fraud where you can lose all of your investments and end up without a green card at the end. Additionally, in general regional centers have a fee north of 50K USD in addition to lawyers fee, which is close to 20K USD (Sample fee for your reference: https://www.hooyou.com/eb-5/fee.html ). There are other things to consider:

1) Even after I-526 is approved you will only end up with a conditional GC valid for 2 years. The conditions will be removed if you / regional center create 10 jobs (hence if there is fraud, you will be impacted). By the time you get your permanent GC, you are easily looking at close to 4-5 years (16 months for I-526 + 2 years conditional GC + I-824 to remove conditions - This is assuming no RFEs).

2) Considering you have a priority date of 2009, you may want to consult a lawyer regarding what happens if your date gets current while you are on a conditional GC i.e. can you apply for a permanent GC while on conditional GC ? Perhaps, someone on this forum can clarify

3) Having seen how H1B / EB2-I / EB3-I has played out in the past, I am circumspect that the goal post will be changed while you are in the EB-5 process (its worth keeping this risk while evaluating).

Good luck whatever route you choose!

I second this. I explored the option of EB-5 Visa this year through a lawyer and found exactly the same thing that’s mentioned in your post. I won’t be able to get my GC till 2022-23 via EB-5. It would be the last resort for me if nothing works out. It’s not worth risking your life savings for this if it is going to take 4-5 years minimum to get GC unless there is no other way. Plus you are looking at $50,000-75,000 of administrative fees on top of your investments. I would only use it if that is the only option left.

[vyruss]

I second this. I explored the option of EB-5 Visa this year through a lawyer and found exactly the same thing that’s mentioned in your post. I won’t be able to get my GC till 2022-23 via EB-5. It would be the last resort for me if nothing works out. It’s not worth risking your life savings for this if it is going to take 4-5 years minimum to get GC unless there is no other way. Plus you are looking at $50,000-75,000 of administrative fees on top of your investments. I would only use it if that is the only option left.

Someone recently mentioned the option of O-1 visa and then an EB1. I have not done much research into this but may apply to physicians.

[Airbender]

I second this. I explored the option of EB-5 Visa this year through a lawyer and found exactly the same thing that’s mentioned in your post. I won’t be able to get my GC till 2022-23 via EB-5. It would be the last resort for me if nothing works out. It’s not worth risking your life savings for this if it is going to take 4-5 years minimum to get GC unless there is no other way. Plus you are looking at $50,000-75,000 of administrative fees on top of your investments. I would only use it if that is the only option left.

Thanks Jonty and Immigo for valuable advice and caution on fraud. I am too considering EB5 as the last resort.

[Jonty Rhodes]

Someone recently mentioned the option of O-1 visa and then an EB1. I have not done much research into this but may apply to physicians.

Yes, I have read about it. That would be another option if H1B extension beyond 6 years is terminated. But again when it comes to filing EB1, there is a same problem. Lack of publications or research. If one can't qualify for EB1 then it doesn't matter whether they are on H1B or O1 or J1 visa.

EB1A and EB1B have too stringent criteria compared to the lax criteria of EB1C. Unfortunately as a physician, we will never qualify for EB1C since my hospital would not have another branch in a home country. Even if I work for Mayo Clinic or Cleveland Clinic which are the topmost medical institutes in the world, I still can't qualify for EB1C because they have branches in Dubai and Abudhabi and not India so home country requirement doesn't get fulfilled there.

That is the most frustrating part.

[qesehmk]

Hi Jonty - I am not 100% sure but quite confident that home country doesn't mean country of birth. It just means a country where you were employed before your EB1C application in US.

Yes, I have read about it. That would be another option if H1B extension beyond 6 years is terminated. But again when it comes to filing EB1, there is a same problem. Lack of publications or research. If one can't qualify for EB1 then it doesn't matter whether they are on H1B or O1 or J1 visa.

EB1A and EB1B have too stringent criteria compared to the lax criteria of EB1C. Unfortunately as a physician, we will never qualify for EB1C since my hospital would not have another branch in a home country. Even if I work for Mayo Clinic or Cleveland Clinic which are the topmost medical institutes in the world, I still can't qualify for EB1C because they have branches in Dubai and Abudhabi and not India so home country requirement doesn't get fulfilled there.

That is the most frustrating part.

[abcx13]

https://www.wsj.com/articles/house-l...hip-1514379600

[abcx13]

http://www.mcclatchydc.com/news/poli...192336839.html

McClatchy reports that DHS is weighing ending H1-B extensions as I V suggested.

[immigration-winter]

Thanks for all this info and your opinion on these 2 organizations, SIIA and IV. I completely agree with your previous assessment of IV where you stated "I am not a fan of Imm**** Vo***. They are nasty, quarrelsome and has a holier than thou attitude. But at least they are singularly focussed on removing per country caps which will solve the problem. "

While the IV folks are rough and hostile to newcomers honestly speaking, I think they are the only ones genuinely pushing for HR392 which would solve the problem and institute a "first come first serve" policy which clearly seems very fair.

[LongQue]

I have been a silent reader of this blog for some time now and I really appreciate the informative discussions (and the politeness of people) in this forum. I have a question. Assuming (and a BIG assumption here) that somehow, HR 392 is passed and becomes a law, how would it help people who will be impacted by the rumored AC-21 changes? I don't understand the rationale of a big push for HR 392 (as much as I want it to be a law) because AC21 might be re-interpreted/changed by the administration.

[qesehmk]

LongQue - welcome.

HR392 will cancel the per country caps. AC21 allows extension of H1Bs, job portability and other things.

HR392 will create the need for H1B extension universal because HR392 will eventually make green card wait times common across all countries. So then the congress will have to make laws that decide what to do with backlogs. Do they let them build up and allow continued extension of H1Bs? or do they not allow continuation of H1Bs and disrupt the employment.

Sometimes I feel that the rumoured AC-21 change is a ploy to create urgency around HR392. Because if tech companies suddenly lose the workforce then they might be ok to stop the current indentured labor that H1 is an let these folks get Green cards via HR392. (Disclaimer: Pure speculation on my part. )

I have been a silent reader of this blog for some time now and I really appreciate the informative discussions (and the politeness of people) in this forum. I have a question. Assuming (and a BIG assumption here) that somehow, HR 392 is passed and becomes a law, how would it help people who will be impacted by the rumored AC-21 changes? I don't understand the rationale of a big push for HR 392 (as much as I want it to be a law) because AC21 might be re-interpreted/changed by the administration.

[LongQue]

LongQue - welcome.

HR392 will cancel the per country caps. AC21 allows extension of H1Bs, job portability and other things.

HR392 will create the need for H1B extension universal because HR392 will eventually make green card wait times common across all countries. So then the congress will have to make laws that decide what to do with backlogs. Do they let them build up and allow continued extension of H1Bs? or do they not allow continuation of H1Bs and disrupt the employment.

Sometimes I feel that the rumoured AC-21 change is a ploy to create urgency around HR392. Because if tech companies suddenly lose the workforce then they might be ok to stop the current indentured labor that H1 is an let these folks get Green cards via HR392. (Disclaimer: Pure speculation on my part. )

Thank you!. I feel the same way about the rumors floating around (and the convenient timing). At this stage, with DACA, The Wall, and Chain immigration taking up all the airspace, I don't think there is any appetite for the administration to fix Legal immigration (other than the token support for RAISE act, which doesn't appear to go anywhere in the immediate future). Unless there is some behind-the-doors deal that has not been leaked yet, we might not get any relief.

[nagendra75]

LongQue - welcome.

HR392 will cancel the per country caps. AC21 allows extension of H1Bs, job portability and other things.

HR392 will create the need for H1B extension universal because HR392 will eventually make green card wait times common across all countries. So then the congress will have to make laws that decide what to do with backlogs. Do they let them build up and allow continued extension of H1Bs? or do they not allow continuation of H1Bs and disrupt the employment.

Sometimes I feel that the rumoured AC-21 change is a ploy to create urgency around HR392. Because if tech companies suddenly lose the workforce then they might be ok to stop the current indentured labor that H1 is an let these folks get Green cards via HR392. (Disclaimer: Pure speculation on my part. )

How much I wish this speculation becomes reality!!!

Nagendra, no need to apologize. It isn't your fault. Unfortunately, SIIA group seems to have a lot more online presence and strength versus a few hundred volunteers for IV. So the real choice is between several thousand fools versus a bunch of dedicated people. If you notice, the advocacy event does not talk about the agenda at all. So the idea is "sign up for this and we will eventually figure it out" does not work in a sensitive and toxic environment. With an administration hostile to immigration, a single misstep will backfire and undo several years of work done on the ground. Tweeting to Sushma Swaraj and Modi can be dismissed as foolishness. But online stalking of Sessions and speaker Ryan are suicidal.

For those of us who have been around for long will realize that HR 3012 passed house overwhelmingly but got stuck in senate because of holds put by Sessions and Grassley. These people are still around and one of them is in a more powerful position.

Now if you want to be part of the efforts, go to IV website and join the state and local chapters. I was actively involved but quit because I couldn't take their attitude any more. But people's tolerance levels vary (mine is very low) and I think the bill is at a crucial step and could use all the help in the world. Good luck to all

Iatiam

Thank you Iatiam. Glimmers of hope gets me excited. :-) I will register for IV and see how I can help. Thank you for your perspective!

[gcq]

http://www.mcclatchydc.com/news/poli...193665104.html

WASHINGTON Under intense pressure from the business and technology communities, the Trump administration appears to be backing away from a policy change that could have forced foreign tech workers out of the country.

[EB3Iwaiting]

If US respects the One China policy, why is Taiwan given separate Green Cards?

[qesehmk]

If US can give Taiwan Arms ... then US can sure give Green Cards to Taiwan.

That doesn't sound very much like US respects One China policy.

If US respects the One China policy, why is Taiwan given separate Green Cards?

[Spectator]

If US respects the One China policy, why is Taiwan given separate Green Cards?

If you want to understand why, I suggest that the wikipedia articles on One-China policy, the Taiwan Relations Act of 1979 and the Six Assurances might give you a background to the situation.

[EB3Iwaiting]

If you want to understand why, I suggest that the wikipedia articles on One-China policy, the Taiwan Relations Act of 1979 and the Six Assurances might give you a background to the situation.

Thanks Spec. That is some good reading.

[iatiam]

Senator Tom Cotton has acknowledged the dire state of EB Immigrant visas pending during an MSNBC interview. It would a right on our part to send a note of thanks as he is a trusted advisor on Immigration policy along with Stephen Miller. He can be reached on his website for comments.

https://www.theblaze.com/news/2018/0...hat-trump-said

Please don't do this. Neither are the friends of legal immigrants. The way they will reduce backlogs is by removing people from the backlog and not giving GCs.

If you have a bug issue in your house, call an exterminator nor an arsonist. The latter will burn down the house to get rid of the bugs as well as the house.

This is a backdoor way to introduce and pass the RAISE act which will turn the system upside down. None of the people who have waited decades for GC will be ineligible because of age restrictions.

Iatiam

[rock581]

Please don't do this. Neither are the friends of legal immigrants. The way they will reduce backlogs is by removing people from the backlog and not giving GCs.

If you have a bug issue in your house, call an exterminator nor an arsonist. The latter will burn down the house to get rid of the bugs as well as the house.

This is a backdoor way to introduce and pass the RAISE act which will turn the system upside down. None of the people who have waited decades for GC will be ineligible because of age restrictions.

Iatiam

Aptly put Iatiam. We, as immigrants, fall prey to false sympathies by various players especially the lawyers and the corporations. Everyone has their own agenda's, lawyers and corporations, through backlog exploit us. There is only one solution HR392. Anyone else telling or hinting otherwise is lying to you through the teeth.

[imdeng]

Wait - I thought that was sarcasm! "trusted advisor on Immigration Policy" indeed!! Ha Ha Ha.

Please don't do this. Neither are the friends of legal immigrants. The way they will reduce backlogs is by removing people from the backlog and not giving GCs.

If you have a bug issue in your house, call an exterminator nor an arsonist. The latter will burn down the house to get rid of the bugs as well as the house.

This is a backdoor way to introduce and pass the RAISE act which will turn the system upside down. None of the people who have waited decades for GC will be ineligible because of age restrictions.

Iatiam

[GCdreamz]

Hate to say this but Immigration Hardliners Senators like Tom Cotton should be contacted to expose the EB1 misuse and USCIS new chief on diverting EB3 visas to EB1.

[altek001]

Please don't do this. Neither are the friends of legal immigrants. The way they will reduce backlogs is by removing people from the backlog and not giving GCs.

If you have a bug issue in your house, call an exterminator nor an arsonist. The latter will burn down the house to get rid of the bugs as well as the house.

This is a backdoor way to introduce and pass the RAISE act which will turn the system upside down. None of the people who have waited decades for GC will be ineligible because of age restrictions.

Iatiam

Iatiam,
DACA is being heard in media as there are folks protesting on the streets. If you are asking this group to keep mum on EB India backlog issue, then we are bound to be in this tragic state for the next 5 to 6 years.

Once the DACA is protected with the shut down resolution passed this week, the EB backlogs is to be everlasting. We need to change this, and get a momentum by doing something. Any suggestions?

[altek001]

Hate to say this but Immigration Hardliners Senators like Tom Cotton should be contacted to expose the EB1 misuse and USCIS new chief on diverting EB3 visas to EB1.

I agree. Even Chuck grassley should know as he is well aware of the fraud by Indian IT giants. Only when the EB1C fraud is detected by the legislators, (as they are aware of h1b today), we can expect significant spillover to EB2 and EB3

[iatiam]

Iatiam,
DACA is being heard in media as there are folks protesting on the streets. If you are asking this group to keep mum on EB India backlog issue, then we are bound to be in this tragic state for the next 5 to 6 years.

Once the DACA is protected with the shut down resolution passed this week, the EB backlogs is to be everlasting. We need to change this, and get a momentum by doing something. Any suggestions?

HR 392 is the only solution. It doesn't really solve the issue, but spreads it such that it becomes everyone's problem instead of India's issue. Nothing else will work because it will add GC numbers which is never going to happen

[altek001]

HR 392 is the only solution. It doesn't really solve the issue, but spreads it such that it becomes everyone's problem instead of India's issue. Nothing else will work because it will add GC numbers which is never going to happen

What is the current state of HR392? Its been 8 months that it was introduced by Kevin Yoder.