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Thread: EB2 Predictions (Rather Calculations) - 2011

  1. #5201

    Changes to H1-B and EB2-NIW coming soon! - Its getting enterpreneur friendly

    http://online.wsj.com/article/SB1000...googlenews_wsj

    Also on immigration-law.com:
    "08/02/2011: USCIS Reportedly to Announce Today Administrative Fix Plan for Employment-Based Immigrants

    Report indicates that the USCIS Director disclosed yesterday that he will unveil today a plan to make it easier for some foreigners to qualify for legal permanent residence, or green cards, if they can demonstrate their work will be in the U.S. national interest. The changes will also include a way for entrepreneurs to obtain work visas without a job offer from an established company. Reportedly he also plans to announce that USCIS will be training its examiners on how visa-eligibility requirements apply to entrepreneurs. As part of the new initiatives, foreign entrepreneurs will be eligible for a so-called EB-2 immigrant visa without a specific job offer, as long as they demonstrate that their business endeavors will be in the U.S. national interest. As part of the new measures, a sole entrepreneur can also qualify for an H-1B if the individual's employment is decided by a corporate board or shareholders of the start-up company. The USCIS is reportedly also seeking to speed up the approval process by hiring additional adjudicators to evaluate applications and enabling petitioners to make their case before an expert panel should their application require further evidence or be denied. The moves apparently come as demand for H-1B visas has fallen.
    Please stay tuned to this website for the scheduled release of the plan. "

  2. #5202
    Looks like some changes will be announced today regarding Eb2 and Investor visa.

    As part of the new initiatives, foreign entrepreneurs will be eligible for a so-called EB-2 immigrant visa without a specific job offer, as long as they demonstrate that their business endeavors will be in the U.S. national interest.

    http://online.wsj.com/article/SB1000...googlenews_wsj

  3. #5203
    Quote Originally Posted by piratla View Post
    The same continued later as well. For example Microsoft had lay-offs in the first half of 2009. They didn't encourage filing for new PERM applications almost till 2010 June. Also even though lay offs were in 2009, all those people who filed for PERM from MSFT in late 2008 got an audit in late 2009.
    Ditto with Intel, they didn't file any PERMs until early 2011. Not sure when they stopped issuing PERMS, but it was at least all of 2009 and 2010, potentially even late 2008.

  4. #5204
    Quote Originally Posted by ravisekhar View Post
    Looks like some changes will be announced today regarding Eb2 and Investor visa.

    As part of the new initiatives, foreign entrepreneurs will be eligible for a so-called EB-2 immigrant visa without a specific job offer, as long as they demonstrate that their business endeavors will be in the U.S. national interest.


    http://online.wsj.com/article/SB1000...googlenews_wsj
    This is great news guys. Finally the employee-employer tethering is going away. Personally, i never liked working for a big co.

  5. #5205
    Quote Originally Posted by ssvp22 View Post
    This is great news guys. Finally the employee-employer tethering is going away. Personally, i never liked working for a big co.
    Am I missing something here?


    I dont understand how this is good news...this is like creating another category with the same number of visas (140K ). To allocate visa to this new category they will have take some away from another category. Then the rules of FD will have to outlined.....

  6. #5206
    Bingo. Bad bad bad.

    Quote Originally Posted by natvyas View Post
    Am I missing something here?


    I dont understand how this is good news...this is like creating another category with the same number of visas (140K ). To allocate visa to this new category they will have take some away from another category. Then the rules of FD will have to outlined.....

  7. #5207

    Good and Bad

    Quote Originally Posted by natvyas View Post
    Am I missing something here?


    I dont understand how this is good news...this is like creating another category with the same number of visas (140K ). To allocate visa to this new category they will have take some away from another category. Then the rules of FD will have to outlined.....
    Good news is that CIS is moving towards removing the employer - employee tethering for applicants who can shows national interest. I think this will nto amount to a hugh number as not everyone can prove this except for people who are working towards starting their own startup companies and remember that national interest does not mean any business (Like starting a dunkins donouts) or anything like that but a business which is in the national interest of the country. I think the parameters will be very rigid and i for one hope CIS does due diligence based on their experinece till now to not allow fraud in this category.

    Bad news is that this count will come from the existing 140 k.

  8. #5208
    Too early to Call on this. On the face of it, with the limited information and poorly worded WJ article, it's hard to predict what's going to be in the package. i'm sure it'd include more than just adding EB2IC in the already crowded line. which, btw doesn't serve any purpose what so ever.



    Quote Originally Posted by nishant2200 View Post
    Bingo. Bad bad bad.

  9. #5209

    PWMB anymore ???

    Hi All,

    I have seen a case of my friend who had applied for I-485 for himself and spouse on June 1 2011, he had finger printing in first week of July and today both of them recieved the green card.

    Looks like the I-485 processing completes in 2 months or less. This may cause PWMB or other EB categories (EB2ROW,EB1) if they filed for I-485 recently to eat into the spillover. Has this been considered in predicting the sep. bulletin. ?

    There is a high possibility that PWMB with PD till Apr 15 2007, will get approved in this year quota and possibly very slight date movement in sep. bulletin.

  10. #5210
    How can it be bad. It opens the possibility for enterprenuers who then don't have to be backlogged for years. Secondly it removes people from the clutches of the big companies and frees them to do what they want to do.

    We don't know yet if they will count E2 towards the 140K. If they don't then that's a definite plus. If they do, even then its a plus considering it creates a short cut for those who feel limited in their current career.

    Quote Originally Posted by nishant2200 View Post
    Bingo. Bad bad bad.
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  11. #5211
    Guru Spectator's Avatar
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    It seems I was not the only one who was distinctly un-wowed by the contents of the article.

    The ramping up of resources to deal with EB-5 we already knew about.

    As I read it, entrepreneurship would be deemed worthy of a NIW under EB2. A job offer was never a pre-requisite for this.

    So we can eventually look forward to increased approvals in both EB2-NIW and EB5.

    Any increase in EB5 approvals reduces the available spillover.

    In EB2-NIW, the proposals seem particularly unfair, given the present situation.

    If you happen to be anyone other than IC, then it is a potentially quick route to a GC, but it is likely to create additional demand against the allocation and would further reduce available spillover.

    For IC, it is still a fairly long wait, by which time the whiff of entrepreneurship may have died. I accept that the changes to the H1B are designed to avoid this, but still. Exempting from numerical limitations would have done the trick, but that needs legislation.

    It seems a bit of the cart before the horse.

    I will reserve judgement until the details are officially released. The devil is often in the detail. If the requirements to qualify are anything like the proposed EB-6 visa, it won't be that easy. It becomes more like window dressing.

    Maybe I have just lost the ability to see the good in proposals.
    Last edited by Spectator; 08-02-2011 at 09:57 AM.
    Without an irritant, there can be no pearl.

  12. #5212
    Spec did they say E2 will be counted against existing EB visas?

    Quote Originally Posted by Spectator View Post
    It seems I was not the only one who was distinctly un-wowed by the contents of the article.

    The ramping up of resources to deal with EB-5 we already knew about.

    As I read it, entrepreneurship would be deemed worthy of a NIW under EB2. A job offer was never a pre-requisite for this.

    So we can eventually look forward to increased approvals in both EB2-NIW and EB5.

    Any increase in EB5 approvals reduces the available spillover.

    In EB2-NIW, the proposals seem particularly unfair, given the present situation.

    If you happen to be anyone other than IC, then it is a potentially quick route to a GC, but it is additional demand against the allocation and would further reduce available spillover. Potentially, enough demand from EB2-NIW-ROW-M-P could actually use spillover.

    For IC, it is still a fairly long wait, by which time the whiff of entrepreneurship may have died. I accept that the changes to the H1B are designed to avoid this, but still. Exempting from numerical limitations would have done the trick, but that needs legislation.

    It seems a bit of the cart before the horse.

    I will reserve judgement until the details are officially released. The devil is often in the detail. If the requirements to qualify are anything like the proposed EB-6 visa, it won't be that easy. It becomes more like window dressing.

    Maybe I have just lost the ability to see the good in proposals.
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  13. #5213
    Sensei familyguy's Avatar
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    Here we go (Employment-Based Second Preference Immigrant Visa Category)...

    http://www.uscis.gov/portal/site/usc...004718190aRCRD

    Q5. Can an entrepreneur qualify as an individual of exceptional ability in the sciences, arts, or business?
    A5. Yes. An entrepreneur can qualify if the:

    Entrepreneur will be working for a U.S. employer who files a petition on the entrepreneur’s behalf
    Entrepreneur will be working in the sciences, arts, or business
    Entrepreneur has exceptional ability in the sciences, arts, or business
    Entrepreneur will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States
    Petitioning employer has received an individual labor certification from the Department of Labor; and
    Entrepreneur meets all the specific job requirements listed on the individual labor
    Last edited by familyguy; 08-02-2011 at 10:19 AM.

  14. #5214
    Quote Originally Posted by qesehmk View Post
    How can it be bad. It opens the possibility for enterprenuers who then don't have to be backlogged for years. Secondly it removes people from the clutches of the big companies and frees them to do what they want to do.

    We don't know yet if they will count E2 towards the 140K. If they don't then that's a definite plus. If they do, even then its a plus considering it creates a short cut for those who feel limited in their current career.
    This will have to count towards the 140K....adding more green cards on top of 140K for any reason will have to be passed by Congress. USCIS does not have the authority to increase the numbers.

  15. #5215
    Guru Spectator's Avatar
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    Quote Originally Posted by qesehmk View Post
    Spec did they say E2 will be counted against existing EB visas?
    Q,

    The article said:

    The measures won't require congressional approval because they don't constitute changes in current immigration law. Instead, clarifications will be issued for existing visa categories with the objective of enabling more entrepreneurs to gain entry into the U.S. and of bringing more speed and efficiency to the visa-application process.
    Both additional visas, or exemption from existing numbers, require congressional approval for changes to the law and are therefore outside the scope of any changes USCIS can announce.

    That's how I read it anyway.
    Without an irritant, there can be no pearl.

  16. #5216
    You are absolutely right then. It will be counted against existing 140K. But its still a minor plus whenever it happens. Doesn't hurt anybody ..... but creates an opportunity for waannabe enterprenuers.

    Quote Originally Posted by Spectator View Post
    Q,

    The article said:



    Both additional visas, or exemption from existing numbers, require congressional approval for changes to the law and are therefore outside the scope of any changes USCIS can announce.

    That's how I read it anyway.
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  17. #5217
    Thanks. This is good. I am wondering if this opens up EB2 door for a lot of EB3 guys if they can try to qualify in the same job by doing something on the side and qualifying as an enterprenur.

    Quote Originally Posted by familyguy View Post
    Here we go (Employment-Based Second Preference Immigrant Visa Category)...

    http://www.uscis.gov/portal/site/usc...004718190aRCRD

    Q5. Can an entrepreneur qualify as an individual of exceptional ability in the sciences, arts, or business?
    A5. Yes. An entrepreneur can qualify if the:

    Entrepreneur will be working for a U.S. employer who files a petition on the entrepreneur’s behalf
    Entrepreneur will be working in the sciences, arts, or business
    Entrepreneur has exceptional ability in the sciences, arts, or business
    Entrepreneur will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States
    Petitioning employer has received an individual labor certification from the Department of Labor; and
    Entrepreneur meets all the specific job requirements listed on the individual labor
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


  18. #5218
    Quote Originally Posted by qesehmk View Post
    Friends,

    This month we made yet another small donation. ($85 Sankara Netralaya). This will cover one free cataract surgery for a needy person.

    Some of the site users asked us if THIS SITE needed donations. Forunately we don't. But if you want to donate, then please donate to our Charity of the Month.

    You can find individual credits listed at the top of the donations thread.

    p.s. - Also for next month we have two suggestions so far. 1) Hrudaya 2) Udavum Karangal (Helping Hands). We can select one of these as our Charity of Month for next month (or any other if there are more suggestions). So please feel free to add more suggestions to the different thread - as long as the charity has a registered US based non-profit front to accept donations in US. I will add a poll to select one of these charities after 10th of this month.
    Q, awesome... I am big fan of yours because of these activities rather than number crunching... Not everybody has such a big heart you know... Coming to your question... For next month i would suggest our donations to go to Helping hands...

  19. #5219
    Q, perhaps I should have elaborated more.

    They already have EB5, as well as EB2 NIW. So this additional program is certainly planning to carve out a new category in EB2, without any increase in existing 140k allocation.

    I am the sole earner, in a family of five, supporting parents in India, and wife and young child here. I will complete 10 years in the USA this week. I am certainly not lion hearted enough to be happy with the above proposal. I want the stability and peace of mind for my family.

    Another thing, we talk about entrepreneurs here. There is going to be fraud. I personally know one Indian, who on H1B itself, had opened a consulting company, with the usual training, fake interviews, falsifying resumes, taking advantage of students needing a job, or people back home in country who want to come here, has rented apartments with 4 people in one room, and the day he got green card, he plans to leave his job with employer and totally focus on his "entrepreneurship". Last weekend I was in a friend's place and this guy was there, and he was casually joking how stupid the entire system is, and how he makes exorbitant billing rates. Many other topics were talked about which I will not digress here but you get the idea.

    This is just an example which I know, there would be many such from various cultures and countries we don't know of. I am personally not vilifying anyone here, not vilifying any job here, it is what it is, I am not here to do advocacy or say what is fraud. Whatever law didn't catch, that's legal, who am I to say it's wrong.

    I think that existing EB2 NIW, and EB5 are enough, and they should focus on streamlining them, rather than creating one more potential loop hole.

    Quote Originally Posted by qesehmk View Post
    How can it be bad. It opens the possibility for enterprenuers who then don't have to be backlogged for years. Secondly it removes people from the clutches of the big companies and frees them to do what they want to do.

    We don't know yet if they will count E2 towards the 140K. If they don't then that's a definite plus. If they do, even then its a plus considering it creates a short cut for those who feel limited in their current career.

  20. #5220
    Exempting legal immigrants from quota when they purchase a house is the most creative solution that they can implement, this is not from me, many high profile people already suggested this to the govt

    It won't solve the housing crisis but just acts like cash for clunkers program

  21. #5221
    I agree with this. Any extra visa numbers must pass through congress. So, looks like they are just relaxing the existing laws, to make use of the existing numbers. If that's the case then IC categories are royally screwed.

    Even if the IC qualify for these visas, they will be seriously retrogressed. So, they are hoping to rope in & benefit from investors from all over the world but IC??

    Given H1B is consumed < 22K this year, there may not be much interest from ROW, given the debt-threats and economy these days.

    Quote Originally Posted by natvyas View Post
    This will have to count towards the 140K....adding more green cards on top of 140K for any reason will have to be passed by Congress. USCIS does not have the authority to increase the numbers.

  22. #5222
    I agree with you 100%.

    This program will not help us at all. This will not reduce our waiting time. On the contrary, it may reduce the SOFAD significantly.

    It's like putting salt on our wounds again.

    Quote Originally Posted by nishant2200 View Post
    Q, perhaps I should have elaborated more.

    They already have EB5, as well as EB2 NIW. So this additional program is certainly planning to carve out a new category in EB2, without any increase in existing 140k allocation.

    I am the sole earner, in a family of five, supporting parents in India, and wife and young child here. I will complete 10 years in the USA this week. I am certainly not lion hearted enough to be happy with the above proposal. I want the stability and peace of mind for my family.

    Another thing, we talk about entrepreneurs here. There is going to be fraud. I personally know one Indian, who on H1B itself, had opened a consulting company, with the usual training, fake interviews, falsifying resumes, taking advantage of students needing a job, or people back home in country who want to come here, has rented apartments with 4 people in one room, and the day he got green card, he plans to leave his job with employer and totally focus on his "entrepreneurship". Last weekend I was in a friend's place and this guy was there, and he was casually joking how stupid the entire system is, and how he makes exorbitant billing rates. Many other topics were talked about which I will not digress here but you get the idea.

    This is just an example which I know, there would be many such from various cultures and countries we don't know of. I am personally not vilifying anyone here, not vilifying any job here, it is what it is, I am not here to do advocacy or say what is fraud. Whatever law didn't catch, that's legal, who am I to say it's wrong.

    I think that existing EB2 NIW, and EB5 are enough, and they should focus on streamlining them, rather than creating one more potential loop hole.

  23. #5223
    Quote Originally Posted by nishant2200 View Post
    Q, perhaps I should have elaborated more.

    They already have EB5, as well as EB2 NIW. So this additional program is certainly planning to carve out a new category in EB2, without any increase in existing 140k allocation.

    I am the sole earner, in a family of five, supporting parents in India, and wife and young child here. I will complete 10 years in the USA this week. I am certainly not lion hearted enough to be happy with the above proposal. I want the stability and peace of mind for my family.

    Another thing, we talk about entrepreneurs here. There is going to be fraud. I personally know one Indian, who on H1B itself, had opened a consulting company, with the usual training, fake interviews, falsifying resumes, taking advantage of students needing a job, or people back home in country who want to come here, has rented apartments with 4 people in one room, and the day he got green card, he plans to leave his job with employer and totally focus on his "entrepreneurship". Last weekend I was in a friend's place and this guy was there, and he was casually joking how stupid the entire system is, and how he makes exorbitant billing rates. Many other topics were talked about which I will not digress here but you get the idea.

    This is just an example which I know, there would be many such from various cultures and countries we don't know of. I am personally not vilifying anyone here, not vilifying any job here, it is what it is, I am not here to do advocacy or say what is fraud. Whatever law didn't catch, that's legal, who am I to say it's wrong.

    I think that existing EB2 NIW, and EB5 are enough, and they should focus on streamlining them, rather than creating one more potential loop hole.
    I understand your pain my friend. They are not creating new loophole but they are helping themselves. By doing this EB IC will be stuck forever and more money on EAD / AP and possibly AC21 filling coming next year. Go figure how much this agency going to make from EB IC people.

  24. #5224
    We don't have enough numbers. People have waited for ten years, but these politicians don't care about the people who have paid tax for 10 years. All they want is to get the exsiting backlog more congested and use GC to enslave the poor guys.

    Quote Originally Posted by leo07 View Post
    I agree with this. Any extra visa numbers must pass through congress. So, looks like they are just relaxing the existing laws, to make use of the existing numbers. If that's the case then IC categories are royally screwed.

    Even if the IC qualify for these visas, they will be seriously retrogressed. So, they are hoping to rope in & benefit from investors from all over the world but IC??

    Given H1B is consumed < 22K this year, there may not be much interest from ROW, given the debt-threats and economy these days.

  25. #5225
    nishant

    I must admit I haven't understood nor can I guess the motive behind this move. The move itself is unclear in how it is different from EB5 and EB2-NIW. The only thing I can think of is that it possibly creates some sort of backdoor for EB3's to qualify for EB2.

    Quote Originally Posted by nishant2200 View Post
    Q, perhaps I should have elaborated more.

    They already have EB5, as well as EB2 NIW. So this additional program is certainly planning to carve out a new category in EB2, without any increase in existing 140k allocation.

    I am the sole earner, in a family of five, supporting parents in India, and wife and young child here. I will complete 10 years in the USA this week. I am certainly not lion hearted enough to be happy with the above proposal. I want the stability and peace of mind for my family.

    Another thing, we talk about entrepreneurs here. There is going to be fraud. I personally know one Indian, who on H1B itself, had opened a consulting company, with the usual training, fake interviews, falsifying resumes, taking advantage of students needing a job, or people back home in country who want to come here, has rented apartments with 4 people in one room, and the day he got green card, he plans to leave his job with employer and totally focus on his "entrepreneurship". Last weekend I was in a friend's place and this guy was there, and he was casually joking how stupid the entire system is, and how he makes exorbitant billing rates. Many other topics were talked about which I will not digress here but you get the idea.

    This is just an example which I know, there would be many such from various cultures and countries we don't know of. I am personally not vilifying anyone here, not vilifying any job here, it is what it is, I am not here to do advocacy or say what is fraud. Whatever law didn't catch, that's legal, who am I to say it's wrong.

    I think that existing EB2 NIW, and EB5 are enough, and they should focus on streamlining them, rather than creating one more potential loop hole.
    Quote Originally Posted by soggadu View Post
    .. For next month i would suggest our donations to go to Helping hands...
    soggadu thanks for kind words. I will add helping hands to our list for next month and later this month we can all vote!
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
    I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
    Use the info at your risk. None of this is legal advice.

    Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread


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