Bills, Rules & Politics

[usvisas]

House Passes Emergency Bill to Halt Immigration-Agency Cuts

....goes into Senate

https://www.wsj.com/articles/house-p...ts-11598141852

[android09]

House Passes Emergency Bill to Halt Immigration-Agency Cuts

....goes into Senate

https://www.wsj.com/articles/house-p...ts-11598141852

Sorry, this is a paywall site. Cannot read the entire article. Is there any hidden pills in the emergency bill ?

[android09]

Here is the section by section summary:

https://cleaver.house.gov/sites/clea...By-Section.pdf

[vsivarama]

Any Validity to the below story?

https://www.hammondlawgroup.com/blog...nges-imminent/

[qesehmk]

Any Validity to the below story?

https://www.hammondlawgroup.com/blog...nges-imminent/

Sounds quite believable to me. Elections are nearing ... this will be timed for maximum effect.

[bodhi2000]

Sounds quite believable to me. Elections are nearing ... this will be timed for maximum effect.

What are the chances, this will withstand a lawsuit?

[qesehmk]

What are the chances, this will withstand a lawsuit?

I am not aware any laws being violated here. So my I would say this will withstand any legal challenge. The key provision seems to be that whoever wants H1 labor must sponsor themselves. Thus small staffing companies will be affected (big ones like McKinsey or Tata or Infosys won't be affected).

[bodhi2000]

I am not aware any laws being violated here. So my I would say this will withstand any legal challenge. The key provision seems to be that whoever wants H1 labor must sponsor themselves. Thus small staffing companies will be affected (big ones like McKinsey or Tata or Infosys won't be affected).

How about the fact that they are not following the regular rule making process? I.e. they're skipping the comment period?

[vsivarama]

How about the fact that they are not following the regular rule making process? I.e. they're skipping the comment period?

There will be multiple lawsuits. As I understand it it will impact all major players as well like (TCS, Kforce, Delloite etc.). I think, as I understand it, it's the beneficiary, the petitioner and the third party. Even if my understanding is not accurate it will still affect the big players as they do place a lot of resources at the client site who are not on their pay roll. Plus in the second case, there could be some anti trust lawsuits in the making as well, because it would decimate the small business and encourage consolidation and monopolies. They also would need to justify not having a comment period which they might say was necessary to bring the economy back on track, but the ~3% unemployment rate in IT industries (not sure what the rate is for other fields like core engineering/medical etc.) is way below the national average which is a tough sell. Then there is the do no harm clause which is a standard used in judging these cases. So let's hope the law will prevail.

[qesehmk]

How about the fact that they are not following the regular rule making process? I.e. they're skipping the comment period?

Rule making sounds like a legislative and/or executive procedural thing. I am 99% sure that by itself has no judicial recourse i.e. can't be challenged in the courts. The only way something can be challenged in the courts is when that something violates constitution / fundamental rights / or existing laws.

[FarAwayfromGC]

Rule making sounds like a legislative and/or executive procedural thing. I am 99% sure that by itself has no judicial recourse i.e. can't be challenged in the courts. The only way something can be challenged in the courts is when that something violates constitution / fundamental rights / or existing laws.

There is some information here to check :

Excerpts from "A Guide to the Rulemaking Process - - Prepared by the Office of the Federal Register "

When do the courts get involved in rule making?

Individuals and corporate entities may go into the courts to make a claim that they have been,
or will be, damaged or adversely affected in some manner by a regulation. The reviewing court
can consider whether a rule: is unconstitutional; goes beyond the agency’s legal authority; was
made without following the notice‐and‐comment process required by the Administrative
Procedure Act or other law; or was arbitrary, capricious, or an abuse of discretion. An agency
head can also be sued for failing to act in a timely manner in certain cases.
If a court sets aside (vacates) all or part of a rule, it usually sends the rule back to the agency to
correct the deficiencies. The agency may have to reopen the comment period, publish a new
statement of basis and purpose in the Federal Register to explain and justify its decisions, or restart
the rule making process from the beginning by issuing a new proposed rule.

Public (we) can approach an attorney and file a suit in a federal court .

[android09]

There is some information here to check :

Excerpts from "A Guide to the Rulemaking Process - - Prepared by the Office of the Federal Register "

When do the courts get involved in rule making?

Individuals and corporate entities may go into the courts to make a claim that they have been,
or will be, damaged or adversely affected in some manner by a regulation. The reviewing court
can consider whether a rule: is unconstitutional; goes beyond the agency’s legal authority; was
made without following the notice‐and‐comment process required by the Administrative
Procedure Act or other law; or was arbitrary, capricious, or an abuse of discretion. An agency
head can also be sued for failing to act in a timely manner in certain cases.
If a court sets aside (vacates) all or part of a rule, it usually sends the rule back to the agency to
correct the deficiencies. The agency may have to reopen the comment period, publish a new
statement of basis and purpose in the Federal Register to explain and justify its decisions, or restart
the rule making process from the beginning by issuing a new proposed rule.

Public (we) can approach an attorney and file a suit in a federal court .

I distinctly remember what happened the last time we went to court on advise from an immigration lawyer in 2015.

[sudiva]

I have received below information from a group message. Looks genuine and hence thought of sharing here.
-------------------------------------
IMPORTANT MESSAGE:
New rule coming into effect in one month which ADDS H1B/L1 TO MANDATORY BIOMETRICS ALONG WITH EVERY DEPENDENTS WHEN APPLYING FOR EXTENSION AND TRANSFER.

The rule proposal is now opened for commenting from stake holders like H-1B/L-1/any visa.

This is applicable to every extension and every transfer and It appears even 1 day old citizen kids are also expected to appear for biometrics.

Please help yourself and help other who are in country on Visa.

ACTION ITEM:
1) Please forward the message to everyone. Let it reach maximum with in the community.
2) Submit comments for the rules. US Law requires USCIS to review each and every comment before rules comes into effect. These comments are used as supporting document during a lawsuit. So, it is super important.

Have your comment on this by clicking “submit a formal comment button” at top right corner. ��

https://www.federalregister.gov/docu...ation-services


Q: What to Enter while entering comments?
A: You can explain your difficulties based in your current H4 biometrics experience and also question the effectiveness and purpose of this action considering hardship caused. Explain it detailed as possible. Consider this! "Your comment statement could be the winning statement against this rule".

[qesehmk]

I have received below information from a group message. Looks genuine and hence thought of sharing here.
-------------------------------------
IMPORTANT MESSAGE:
New rule coming into effect in one month which ADDS H1B/L1 TO MANDATORY BIOMETRICS ALONG WITH EVERY DEPENDENTS WHEN APPLYING FOR EXTENSION AND TRANSFER.

The rule proposal is now opened for commenting from stake holders like H-1B/L-1/any visa.

This is applicable to every extension and every transfer and It appears even 1 day old citizen kids are also expected to appear for biometrics.

Please help yourself and help other who are in country on Visa.

ACTION ITEM:
1) Please forward the message to everyone. Let it reach maximum with in the community.
2) Submit comments for the rules. US Law requires USCIS to review each and every comment before rules comes into effect. These comments are used as supporting document during a lawsuit. So, it is super important.

Have your comment on this by clicking “submit a formal comment button” at top right corner. ��

https://www.federalregister.gov/docu...ation-services


Q: What to Enter while entering comments?
A: You can explain your difficulties based in your current H4 biometrics experience and also question the effectiveness and purpose of this action considering hardship caused. Explain it detailed as possible. Consider this! "Your comment statement could be the winning statement against this rule".

I will second this. This is important. Do protest and comment if this hurts you.

p.s. - I do not think citizen kids will be fingerprinted. That may not consistent with US laws.

[redtogreen]

I have been out of loop after repeated disappointment in the last couple of bulletins. Today was different. My only q.... is there any inconspicuous threat to the bullish visa bulletin interms of any impending bill/legislation/rule etc.,? Someone please respond and rest this doubt to peace.

[Zenzone]

I have been out of loop after repeated disappointment in the last couple of bulletins. Today was different. My only q.... is there any inconspicuous threat to the bullish visa bulletin interms of any impending bill/legislation/rule etc.,? Someone please respond and rest this doubt to peace.

Looks like you are worried about the unknown. If you file in good order by end of Oct 31st (assuming your date is current now) you should be okay as I don't see any impending regulation that adversely impact AOS imminently. So put your anxieties to rest and focus on the pprwrk . Good Luck!

[gs1968]

I have been out of loop after repeated disappointment in the last couple of bulletins. Today was different. My only q.... is there any inconspicuous threat to the bullish visa bulletin interms of any impending bill/legislation/rule etc.,? Someone please respond and rest this doubt to peace.

I can try and game this out for you as much as I can. The House has passed a CR this week and this is expected to be passed by the Senate next week. The Bill could have been passed this week by the Senate but it is felt that the Democrats objected. Part of it might be due to spite about the Supreme Court nomination and partly to keep vulnerable GOP senators one more week off the campaign trail. The CR runs through December 11. The visa reclamation amendment introduced by Rep.Grace Meng in the COVID relief and DHS appropriations Bills was not included in this CR but the premium processing language was. This would mean that the Visa bulletins through January 2021 are probably safe from any visa transfer back to FB

Once we reach early December there a re a couple of scenarios that are possible depending on the results of the election

1. If the Democrats win all three the most likely scenario and that which has been used before is to pass another CR into early February and let the incoming Congress and administration take it up from there. It is possible that the amendment above may be added to that CR if there is a desire to do so. Several people on this forum have suggested that that is unlikely and I agree but if the transferred visas have not been used yet a portion of it can be reapportioned back to FB as those categories are also severely backlogged. If the CR runs through Feb/Mar 2020 then an omnibus appropriations Bill is most likely combining all departments into one. As the Senate never passed any appropriations Bills for this fiscal year and the House did the House Bills are likely to be the basis for the Omnibus. This is where the risk of inclusion of the Grace amendment comes in but by then FY 2021 would have gone far too deep. It is also likely that the environment will generally be more immigrant friendly and there will be aggressive movement of FB categories to make up for lost time reducing any spillover chances for FY22. We have to remember that there will potentially be another 60000 visas available for EB for FY22 for the months of OCT/NOV/DEC of this year as the ban was extended to dec 31

2.If Trump wins and the Senate remains in GOP hands there is a possibility that the ban will be extended resulting in further visas available to EB categories

3.CIR may be a priority and make all of this discussion a moot exercise

Regulatory changes take a while to implement and with no legislation impending I see no immediate risk. Zenzone said it correctly when he mentioned his date movements PROVIDEDthat the visas are optimally used. This would require an increase in processing speed and capacity by 80% over current levels which might be difficult. Also if scenario 1 becomes a reality the USCIS is going to be swamped by the reversal of so many Trump era regulations and flood of applications in other categories. At this time the EB category is the only game in town
Hope this helps

[redtogreen]

I can try and game this out for you as much as I can. The House has passed a CR this week and this is expected to be passed by the Senate next week. The Bill could have been passed this week by the Senate but it is felt that the Democrats objected. Part of it might be due to spite about the Supreme Court nomination and partly to keep vulnerable GOP senators one more week off the campaign trail. The CR runs through December 11. The visa reclamation amendment introduced by Rep.Grace Meng in the COVID relief and DHS appropriations Bills was not included in this CR but the premium processing language was. This would mean that the Visa bulletins through January 2021 are probably safe from any visa transfer back to FB

Once we reach early December there a re a couple of scenarios that are possible depending on the results of the election

1. If the Democrats win all three the most likely scenario and that which has been used before is to pass another CR into early February and let the incoming Congress and administration take it up from there. It is possible that the amendment above may be added to that CR if there is a desire to do so. Several people on this forum have suggested that that is unlikely and I agree but if the transferred visas have not been used yet a portion of it can be reapportioned back to FB as those categories are also severely backlogged. If the CR runs through Feb/Mar 2020 then an omnibus appropriations Bill is most likely combining all departments into one. As the Senate never passed any appropriations Bills for this fiscal year and the House did the House Bills are likely to be the basis for the Omnibus. This is where the risk of inclusion of the Grace amendment comes in but by then FY 2021 would have gone far too deep. It is also likely that the environment will generally be more immigrant friendly and there will be aggressive movement of FB categories to make up for lost time reducing any spillover chances for FY22. We have to remember that there will potentially be another 60000 visas available for EB for FY22 for the months of OCT/NOV/DEC of this year as the ban was extended to dec 31

2.If Trump wins and the Senate remains in GOP hands there is a possibility that the ban will be extended resulting in further visas available to EB categories

3.CIR may be a priority and make all of this discussion a moot exercise

Regulatory changes take a while to implement and with no legislation impending I see no immediate risk. Zenzone said it correctly when he mentioned his date movements PROVIDEDthat the visas are optimally used. This would require an increase in processing speed and capacity by 80% over current levels which might be difficult. Also if scenario 1 becomes a reality the USCIS is going to be swamped by the reversal of so many Trump era regulations and flood of applications in other categories. At this time the EB category is the only game in town
Hope this helps

Thanks a lot!! This is exactly what I was trying to understand. So looks like we are fine for now. Latest news in town is abt Democrats coming up with a scaled down version of the Heroes act, will need to keep an eagle eye on that one. Nevertheless if ( the big fat 'IF')some anti- spillover language is included in that bill and passed after Sep 30th, it should not impact FY2021, right?

[redtogreen]

Looks like you are worried about the unknown. If you file in good order by end of Oct 31st (assuming your date is current now) you should be okay as I don't see any impending regulation that adversely impact AOS imminently. So put your anxieties to rest and focus on the pprwrk . Good Luck!

Thanks, not the unknown but things can move pretty quickly when it is political. So wanted to understand where we are😊. I filed my AOS in 2012, so am hopeful of becoming current sometime this year if things move as projected in the visa bulletin.

[gs1968]

There is unlikely to be any COVID relief Bill before the election. Partly because the 2 sides are more than a trillion dollars apart and partly because the democrats will not want to give the GOP and President Trump a victory just before the elections. Any bill if passed by the House is most likely a messaging bill likely to die in the senate. As I mentioned earlier it is not sure what will happen if passed after Sept 30

[EB22010Dec]

There is unlikely to be any COVID relief Bill before the election. Partly because the 2 sides are more than a trillion dollars apart and partly because the democrats will not want to give the GOP and President Trump a victory just before the elections. Any bill if passed by the House is most likely a messaging bill likely to die in the senate. As I mentioned earlier it is not sure what will happen if passed after Sept 30

@gs1968
So if the bill passes today, which it is looking like it might, what happens to spill over that is already applied?

[JoinedToAsk]

Here's the bill (https://docs.house.gov/billsthisweek...16hr6800ih.pdf) that House passed: It seem page 1731 states that spillover for 2021 and 22 will be stopped.

Am I reading this correctly?

[Zenzone]

@gs1968
So if the bill passes today, which it is looking like it might, what happens to spill over that is already applied?

As far as I see, the new skinny bill still contains immigration provisions in it.

But here is some additional context based on news reporting -

According to Pelosi, the vote on the revised Heroes bill is independent of ongoing negotiations with Mnuchin. If Pelosi and Mnuchin agree on a new proposal, a new bill would need to be separately drafted and voted on in both the House and Senate before being signed into law. The total cost of the package and funding allocations like a child tax credit have remained chief sticking points.

[Zenzone]

@gs1968
So if the bill passes today, which it is looking like it might, what happens to spill over that is already applied?

These are two different bills. The bill that will be passed (if at all) is a separate bill as clarified by Pelosi.

[rohanvus]

Hello experts,

My I140 was approved from location A(HQ office)and I am working at location B currently on H1B(our branch office) and working here since last 10 years), its same company and same job description and position at location A is still valid. My priority date is Dec 2, 2011. Now my Filling Date is current (Based on Eb2 to EB3 downgrade) and my Final Action date is still in future. I would like to file for I485 before the Filling Date retrogress.

Do I have to move to location specified in I140\PERM at the time of filling (and file and H1B amend to add location A before I485 filling).
If I do not have to move now, my understanding is that I will have to move and join at my PERM location as soon as get my EAD based on I485 filling. Is my understanding correct?