Bills, Rules & Politics

[qesehmk]

Yes, the logic behind that was with supreme court's overturn, he could create a "Do or Die" situation, and force the congress to come together and act. But nothing worked, neither did it work in eight years of previous administration. Garnering enough votes to pass something meaningful remains a distant dream! Also, many people have vested interests in maintaining the status quo because their business model thrives on the status quo continuation, and unfortunately they have powerful lobbies.

Generally speaking of vested interests i.e. businesses - for EB the businesses are generally democrats owned businesses - particularly on the tech side, financials, healthcare etc. For undocumented ones or the H4s the businesses are typically republican ones - small entrepreneuers, agriculture etc. I do not trust Trump one bit. He just says stuff on the fly and the only stuff you can really bank is the racist stuff.

[nbk1976]

You meant to say Hilary Clinton would have been an incorruptible, honest, clean, and virtuous President who would have worked on delivering an immigration reform that gives respite to millions of brown legal immigrants from shithole countries? If you think so, I got a bridge to sell you!

Did I even mention what Clinton would have done? She is not president. What she might have done is never going to be written in history. What Trump has said and what he has done is for all to see. I am so sorry I offended you and besmirched your dear leader’s name.

[vedu]

Did I even mention what Clinton would have done? She is not president. What she might have done is never going to be written in history. What Trump has said and what he has done is for all to see. I am so sorry I offended you and besmirched your dear leader’s name.

You are absolutely right! So far, we can only definitively talk about what Mr. Clinton, Mr. Bush, Mr. Obama, and Mr. Trump could or couldn't do for people in the backlog! And the record so far is consistent across the board!!

[alpha0]

You are absolutely right! So far, we can only definitively talk about what Mr. Clinton, Mr. Bush, Mr. Obama, and Mr. Trump could or couldn't do for people in the backlog! And the record so far is consistent across the board!!

There is a reason they have acting director and acting secretary/ deputy sectary at USCIS and DHS. Administration knows that even republican senate will not approve their nominations.

[vedu]

There is a reason they have acting director and acting secretary/ deputy sectary at USCIS and DHS. Administration knows that even republican senate will not approve their nominations.

I have personally benefited from the current administration's policies. First, all my immigration needs (visitor visa for relatives, H1-b renewal, EAD renewal, etc.) were met promptly without any issues/problems. Also, when the current administration bumped prevailing wage requirements in our area significantly, my employer was forced to readjust the salaries significantly on upside benefiting me. And now with the focus on merit and restrictive policies, there is an outside chance that the resulting significant spillover will finally see me in the green area. So, I have no complaints and I don't know what you guys are talking about!

[vsivarama]

I have personally benefited from the current administration's policies. First, all my immigration needs (visitor visa for relatives, H1-b renewal, EAD renewal, etc.) were met promptly without any issues/problems. Also, when the current administration bumped prevailing wage requirements in our area significantly, my employer was forced to readjust the salaries significantly on upside benefiting me. And now with the focus on merit and restrictive policies, there is an outside chance that the resulting significant spillover will finally see me in the green area. So, I have no complaints and I don't know what you guys are talking about!

And I have personally benefited from the coronavirus. I used to travel a lot for my job and now I get to stay home and spend more time with my family. Because of the stock market volatility I could make a killing with my trades. I am in general getting more calls for job openings/interviews in my field. By your logic does that mean coronavirus is the best thing to happen to humanity? I do NOT think so. There are millions suffering because of the covid situation. I am worried now more than ever for the safety of my family.

[vedu]

And I have personally benefited from the coronavirus. I used to travel a lot for my job and now I get to stay home and spend more time with my family. Because of the stock market volatility I could make a killing with my trades. I am in general getting more calls for job openings/interviews in my field. By your logic does that mean coronavirus is the best thing to happen to humanity? I do NOT think so. There are millions suffering because of the covid situation. I am worried now more than ever for the safety of my family.

Now, it is ludicrous that you compare administrative policies and views on immigration to Coronavirus situation! I am not subscribed to any extreme political ideologies, and have no problem admiring every administration's efforts on immigration issues. For example, I equally appreciate what President Obama did with H4 EADs and his other initiatives on immigration.

Charlie Munger wrote in his "Poor Charlie's Almanack" book:

"Intense political animosity should be avoided because it causes much mental malfunction, even in brilliant brains".

He further wrote:

“Another thing I think should be avoided is extremely intense ideology, because it cabbages up one’s mind. You’ve seen that. You see a lot of it on TV, you know preachers for instance, they’ve all got different ideas about theology and a lot of them have minds that are made of cabbage. But that can happen with political ideology. And if you’re young it’s easy to drift into loyalties and when you announce that you’re a loyal member and you start shouting the orthodox ideology out what you’re doing is pounding it in, pounding it in, and you’re gradually ruining your mind. So you want to be very careful with this ideology. It’s a big danger."

[qesehmk]

You are absolutely right! So far, we can only definitively talk about what Mr. Clinton, Mr. Bush, Mr. Obama, and Mr. Trump could or couldn't do for people in the backlog! And the record so far is consistent across the board!!

Others are more or less consistent in their support for immigration. Trump is opposed to all kinds of immigration - legal or otherwise. And he is dead against "Brown" immigration. Do you think that difference is potato-potata?

[qesehmk]

Now, it is ludicrous that you compare administrative policies and views on immigration to Coronavirus situation! I am not subscribed to any extreme political ideologies, and have no problem admiring every administration's efforts on immigration issues. For example, I equally appreciate what President Obama did with H4 EADs and his other initiatives on immigration.

Charlie Munger wrote in his "Poor Charlie's Almanack" book:

"Intense political animosity should be avoided because it causes much mental malfunction, even in brilliant brains".

He further wrote:

“Another thing I think should be avoided is extremely intense ideology, because it cabbages up one’s mind. You’ve seen that. You see a lot of it on TV, you know preachers for instance, they’ve all got different ideas about theology and a lot of them have minds that are made of cabbage. But that can happen with political ideology. And if you’re young it’s easy to drift into loyalties and when you announce that you’re a loyal member and you start shouting the orthodox ideology out what you’re doing is pounding it in, pounding it in, and you’re gradually ruining your mind. So you want to be very careful with this ideology. It’s a big danger."

You already have shown you are too smart to figure out that all this disfunction is going to help YOU and then if the world of all other immigrants blows - so be it.

That's what your previous argument about benefits boils down to. And yes that's what @vsivarama is referring to. I guess you didn't catch that.

[vsivarama]

I was making a general point and looks like the point was completely lost on you. My broader take is just because it does not affect me or has a positive impact on my life does not make something great! If you would like to read so much into my political ideologies and my indoctrination's have at it. I have had problems with the previous administrations and have given props to current administration when deserved (for e.g. doing it's best to refrain from endless wars even when surrounded by war hawks). Immigration is something, I cannot give props to this administration. They may use all the right rhetoric like merit based immigration or how lawful immigration is better than unlawful immigration etc. But when it comes to policies (which betray intent) it is apparent that this administrations wants no immigration period! So while you may be happy with the rhetoric, I am disappointed/horrified by its intent.

[vsivarama]

For everyone who stand to be positively impacted by the dysfunction and yes that most definitely includes me, I would like to suggest a thought experiment. Let's imagine the current administration gets a second term with majorities in both house and senate. And they decide to implement re-certification of all the labor applications by setting the bar so high that 99.9% of the all the current labor certificate holders won't be able to clear it and thus pushing them out of the country. In such a scenario what good would be a spillover of 100000+ visa numbers to EB? Would you be gung ho about this admin then? For everyone who thinks this cannot happen and is a radical idea are you willing to bet your future on it though?

[gten20]

https://www.nbcnews.com/politics/imm...dents-n1233808

Good news for international students. Trump backed down for now. I wont be surprised if they started site visits for H1B's as H1B visa holders cannot work from home either.

[rhythm]

Also, when the current administration bumped prevailing wage requirements in our area significantly, my employer was forced to readjust the salaries significantly on upside benefiting me.

This.

I'm seeing this happening around me a lot recently. The upside in salary is indeed significant and I believe this is becoming a real deterrent for visa abusers.

[vedu]

For everyone who stand to be positively impacted by the dysfunction and yes that most definitely includes me, I would like to suggest a thought experiment. Let's imagine the current administration gets a second term with majorities in both house and senate. And they decide to implement re-certification of all the labor applications by setting the bar so high that 99.9% of the all the current labor certificate holders won't be able to clear it and thus pushing them out of the country. In such a scenario what good would be a spillover of 100000+ visa numbers to EB? Would you be gung ho about this admin then? For everyone who thinks this cannot happen and is a radical idea are you willing to bet your future on it though?

Before performing this thought experiment, let's just have a thought experiment around the HEROES Act (H.R.6800) which was proposed by democrats and recently passed in the house. So far, it is declared DOA by the republican senate, but that can change anytime. It can be passed any time before October 1st (the start of the new year for USCIS). Under this act, there is complete "ELIMINATION OF FALL ACROSS" for fiscal years 2021 and 2022. This is not even a thought experiment. There is a real possibility that it will be passed in some modified form. Then it doesn't matter who comes to the power next. Don't count your chickens before they hatch.

[srimurthy]

https://www.nbcnews.com/politics/imm...dents-n1233808

Good news for international students. Trump backed down for now. I wont be surprised if they started site visits for H1B's as H1B visa holders cannot work from home either.

what will they do with site visits? All sites are closed at most places and looking at the new cases it may be in the same state for some more time.

[vsivarama]

Before performing this thought experiment, let's just have a thought experiment around the HEROES Act (H.R.6800) which was proposed by democrats and recently passed in the house. So far, it is declared DOA by the republican senate, but that can change anytime. It can be passed any time before October 1st (the start of the new year for USCIS). Under this act, there is complete "ELIMINATION OF FALL ACROSS" for fiscal years 2021 and 2022. This is not even a thought experiment. There is a real possibility that it will be passed in some modified form. Then it doesn't matter who comes to the power next. Don't count your chickens before they hatch.

I was obviously pointing out the same. Do not count your chickens before they hatch. But if you want to know my opinion on the clause in the Heroes act (I have recently given it some serious thought) I believe, I am fine with it and NOT because democrats are proposing it (saying that in case people want to assume I am some radical left). While, I will be disappointed that I will have to wait longer but in the broader scheme of things those numbers would not have been available if it were business as usual. They belonged to FB so I have no problem with them going back to FB. More importantly I know that there is no malintent behind the clause. The thought process here is obviously that if they look the other way and give the current admin a victory here, this could lead to other similar rules across all categories. They do not want to set a precedent and enable the admin by not offering a fight. Being rule oriented and consistent has it's downsides. FB folks are not our enemies and immigration does not need to be a zero-sum game.

[vedu]

I was obviously pointing out the same. Do not count your chickens before they hatch. But if you want to know my opinion on the clause in the Heroes act (I have recently given it some serious thought) I believe, I am fine with it and NOT because democrats are proposing it (saying that in case people want to assume I am some radical left). While, I will be disappointed that I will have to wait longer but in the broader scheme of things those numbers would not have been available if it were business as usual. They belonged to FB so I have no problem with them going back to FB. More importantly I know that there is no malintent behind the clause. The thought process here is obviously that if they look the other way and give the current admin a victory here, this could lead to other similar rules across all categories. They do not want to set a precedent and enable the admin by not offering a fight. Being rule oriented and consistent has it's downsides. FB folks are not our enemies and immigration does not need to be a zero-sum game.

While I respect your views on this, let me tell you my views. Personally, my PD is close to being current, and EB GC demand is going to be so subdued for the next 1-2 years, hence my case is not dependent on what happens to crossover visas. I am already in the sweet spot. But there are so many immigrants suffering in the country (due to kids aging out, inability to change jobs, death of the primary sponsor in the family, etc.), and this is their last hope in the near term. And I care more about sufferings of people who are in the country vs. people who are outside. You believe it or not...unfortunately this has become a zero-sum game because of congress's unwillingness (both republicans and democrats) to accept a reasonable compromise. So no matter which side you take on this or any other regulations (S.386, etc.), you end up choosing who benefits and who don't.

[vsivarama]

I hear you and agree with most of your sentiments. But the broader question that Q, others and I have raised has never been answered or maybe I missed it. As the saying goes you live by the sword you die by the sword. What is the guarantee that when the FB has been successfully dismantled, the admin would not train it's fire on EB. When that happens the point about all the immigrant sufferings in the country (due to kids aging out, inability to change jobs, death of the primary sponsor in the family, etc.) will be moot. When we play with fire we should all be aware of the consequences.

[vedu]

I hear you and agree with most of your sentiments. But the broader question that Q, others and I have raised has never been answered or maybe I missed it. As the saying goes you live by the sword you die by the sword. What is the guarantee that when the FB has been successfully dismantled, the admin would not train it's fire on EB. When that happens the point about all the immigrant sufferings in the country (due to kids aging out, inability to change jobs, death of the primary sponsor in the family, etc.) will be moot. When we play with fire we should all be aware of the consequences.

Okay, let me answer that broader question as well. Currently, it is my belief that not a single genuine EB application case will be harmed ( even with the mandatory labor re-certification, etc., etc.) under this or any future democratic or republican administration irrespective of who is saying what. Many administrations came and left, but this country has always been the melting pot of immigrants! There are enough checks and balances in the system for any single person to do lasting damage!

If you say that EB immigrants are going to be harmed next by DT, and if that comes true, I will be the first one to come back to your post and accept I was wrong. There is no shame in accepting when you are proved wrong. I am not subscribed to any specific ideology. As John Maynard Keynes once said, "when the facts change, I change my mind - what do you do, sir?"

[NeelVohra]

There are enough checks and balances in the system for any single person to do lasting damage!

If you say that EB immigrants are going to be harmed next by DT...

Just a note... Lets not forget about the possibility of wastage of EB visa numbers this FY. That causes irreparable harm already. Lasting, not necessarily. They are achieving their goals already.

[vedu]

Just a note... Lets not forget about the possibility of wastage of EB visa numbers this FY. That causes irreparable harm already. Lasting, not necessarily. They are achieving their goals already.

Yes, this is the fact, and not an opinion! So, I agree with your statements wholeheartedly!

[Zenzone]

USCIS Policy Update: https://www.uscis.gov/news/alerts/ap...-adjudications

USCIS to use discretion before issuing EADs. Feels pretty routine to me. But saw this making some rounds in attorney twitter feeds today and hence decided to research a bit. I don't see anything out of the ordinary jumping out here except for today's twitter sensationalization nevertheless sharing with you all.

[android09]

There has been only 3 EB2-I and 3 EB3-I applications approved in the last 3 weeks (in trackitt). So they have pretty much stopped processing EB2 and EB3 applications. It does not matter what visa bulletin says. EB1 though seems to be still getting approvals.

So just saw this on the house appropriations bill. If this is passed by the house and senate, then spillover is poof ...gone.

https://appropriations.house.gov/new...curity-funding

"Rep. Meng – The amendment allows unused FY20 diversity visas, employment visas, and family-based visas to remain available in FY21 in addition to what would otherwise be available for FY21, and allows any unused visas at the end of FY21 to remain available during FY22. The amendment was adopted by voice vote."

Thoughts?

[idliman]

So just saw this on the house appropriations bill. If this is passed by the house and senate, then spillover is poof ...gone.

https://appropriations.house.gov/new...curity-funding

"Rep. Meng – The amendment allows unused FY20 diversity visas, employment visas, and family-based visas to remain available in FY21 in addition to what would otherwise be available for FY21, and allows any unused visas at the end of FY21 to remain available during FY22. The amendment was adopted by voice vote."

Thoughts?

Sad. This will prevent blockbuster spillover of 80K+.

It is not all gloom and doom. CO said USCIS will waste 25K GCs from 2020 quota. Assuming that these 25K+ unused numbers due to furlough gets carried over next year, it is still not bad (may be 30K+ EB to EB carryover). However, for the utilization to be above 90%, a change of administration needs to happen. If Stephen Miller is still in White House on 21 January 2021, forget about spillovers, calculations and everything. He will find a way for not using the existing quota plus carry-over quota.

I start sensing that in any scenario a change in administration is better for backlogged folks. I don't want to get into another discussion on D's or R's, who's better? I am just thinking from the selfish angle of what is going to benefit backlogged folks.

[EB32010]

Sad. This will prevent blockbuster spillover of 80K+.

It is not all gloom and doom. CO said USCIS will waste 25K GCs from 2020 quota. Assuming that these 25K+ unused numbers due to furlough gets carried over next year, it is still not bad (may be 30K+ EB to EB carryover). However, for the utilization to be above 90%, a change of administration needs to happen. If Stephen Miller is still in White House on 21 January 2021, forget about spillovers, calculations and everything. He will find a way for not using the existing quota plus carry-over quota.

I start sensing that in any scenario a change in administration is better for backlogged folks. I don't want to get into another discussion on D's or R's, who's better? I am just thinking from the selfish angle of what is going to benefit backlogged folks.

Did you see all restrictions ICE will have if this bill is passed? No way this is passing in Senate.