Does the bill specify how they are going to handle current FB backlog for siblings?
on a separate note, I'd love to poll our forum readers to see how many will directly be impacted by this bill either in FB or EB.
Does the bill specify how they are going to handle current FB backlog for siblings?
on a separate note, I'd love to poll our forum readers to see how many will directly be impacted by this bill either in FB or EB.
Yes. Please see my summary above. Pending FbB-4 wii be able to get a "merit based immigrant visa" under the "merit based track two". Merit based track two has no numerical limit whatsoever.Originally Posted by vizcard
If the FB-4 relative filed before the bill is adopted: They will have to wait between 1 and 7 years. (1/7th will be clear in each of the years 2015, 2016, 2017, 2018, 2019, 2020 and 2021).
If the FB-4 relative filed after the bill was adopted but before the category expires in 2014: They will have to wait until 2022.
Just to expand on above, merit based has two tracks:
Track 1: Points system, with numerical limits
Track 2: No numerical limits
2-1: Those in EB pending for 5 or more years.---- 1/7th will be able to get a GC in each of 2015, 2016, 2017, 2018, 2019, 2020 and 2021
2-2-A: Those in FB pending for 5 or more years (includes F1, F3 and F4. Remember F2 becomes IR) --- 1/7th will be able to get a GC in each of 2015, 2016, 2017, 2018, 2019, 2020 and 2021
2-2-B: Those in FB-3 or 4 who file after the bill is adoptedbut before the category expires in Sept 30, 2014: 1/2 will get GC in 2022 and 1/2 in 2023.
2-3: Those who have been legally in the US for 10 years in 2023. This includes former "illegals" who get the provisional status. Presumably it could also include someone who was a nonimmigrant for 10 years (it only excludes the new W visas).
What about naturalization ? I remember reading a NY Times article yesterday that they were going to reduce the 5 yrs post GC to 3 yrs. I skimmed through the doc but didn't find anything specific.
The naturalization aspect is modified thus in the new document on Pg. 109:
. Any lawful permanent resident who was lawfully present in the United States and eligible for work authorization for not less than 10 years before becoming a lawful permanent resident may be naturalized upon compliance with all the requirements under this title except the provisions of section 316(a)(1) if such person, immediately preceding the date on which the person filed an application for naturalization
. ‘‘(1) has resided continuously within the United States, after being lawfully admitted for permanent residence, for at least 3 years;
. ‘‘(2) during the 3-year period immediately preceding such filing date, has been physically present in the United States for periods totaling at least 50 percent of such period; and
. ‘‘(3) has resided within the State or in the jurisdiction of the U.S. Citizenship and Immigration Services field office in the United States in which the applicant filed such application for at least 3 months.’’.
It was originally as below:
(a) No person, except as otherwise provided in this title, shall be naturalized, unless such applicant, (1) immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing his application has been physically present therein for periods totaling at least half of that time, and who has resided within the State or within the district of the Service in the United States in which the applicant filed the application for at least three months, (2) has resided continuously within the United States from the date of the application up to the time of admission to citizenship, (3) during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States.
Interesting. I missed that. So if I am interpreting correctly, you can get merit based GC after 10 yrs and then citizenship after 3 years? Even for an EB applicant? That is good b/c it caps road to citizenship at 13 years and 10 for GC. I'd prefer it was 5+5 (instead of 10 + 3) but I guess something is better than nothing.
abcx,
On page 266 you might want to look at this clause under Merit Based, Track 1:
It sounds like you can't be both an EB or FB applicant AND apply for a Merit Based visa.‘‘(8) INELIGIBILITY OF ALIENS WITH PENDING OR APPROVED PETITIONS.—
An alien who has a petition pending or approved in another immigrant category under this section or section 201 may not apply for a merit-based immigrant visa.
Read it and judge for yourself. By the way, Section 201 - WORLDWIDE LEVEL OF IMMIGRATION covers both FB and EB.
Without an irritant, there can be no pearl.
This is true for Track 1. But not for track 2. You can be a merit-based applicant in track 2. (Which is actually specifically designed for EB and FB backlogs, as well as for legalized immigrants.
The citizenship part, the way I read it, is not restrcited to merit based applicants. Anyone who is in the US legally with work authorization for 10 years when becoming a PR can apply for citizenship after 3 years. For example:
F-1 student for 4 years (with work authorization, for example, for on-campus work), then H-1B for 6, then GC. Or, legalized aimmigrant after waiting 10 years to apply for GC.
Last edited by justvisiting; 04-17-2013 at 12:58 PM.
So let me offer two cases and I'd like your interpretation.
Case 1 - F1 for 4, H1 for 9 (renewals based on approved 140), then GC before FY15 -> Citizenship in ??
Case 2 - F1 for 4, H1 for 9, GC FY15 or later -> Citizenship in ??
Last edited by vizcard; 04-17-2013 at 01:02 PM.
If the F1 had work authorization for at least one year, it would appear the answer to both questions would be citizenship in 3 years.
Just to make sure, with this bill, we are not expecting to rely on merit track, right? I believe with Recapture, Per country elimination, not counting dependents etc, everything should be current within 1 year. Am I right ?
Without knowing actual numbers for recapture, I would hazard a guess - yes. At least for EB2. I'm not so sure for EB3 - I doubt it. Paging Spec!
Though it's also not clear how recaptured visas get allocated. Do the get allocated to the first year and then keep rolling forward until they are used up? And BTW, is there a provision to roll forward unused visas from here on out?
Sorry guys for a basic question,
If CIR passes, when will the effect take place. Couple of comments seem to mention FY 2015 (i.e Oct 2014).
I was looking at Ron's comments, he seems to suggest that only recapture will start from FY 2015, other provisions of the bill will be active as soon as the bill is signed.
http://www.immigration-information.c...t=20720&page=8
"Initially, as soon as the bill is signed, we will see a bump of at least 40,000 visas for EB2 and EB3. In practical terms, this is more like 84,000 since dependents are no longer counted against the quota. That, in turn, will move priority dates forward significantly. Next October (2014), with recapture taking effect, there will be enough visas to wipe out the EB backlog in its entirety and make sure that it remains "current" for years into the future."
Was wondering if there was any provision for legals after their GC(EB1-2-3) to get citizenship in less than 5 years? I guess the dreamers get their citizenship immediately in 5 years. Also for the illegals after they get their GCs, Citizenship in 3 years. I guess there has to be a provision for legals to get citizenship in 3 years as well. what do u think?
Recaptured visas get added to the top of EB (similar to how FB gets added to EB today). Rollover is in there too. Ofcourse all this becomes effective 2015. All of that is explained on page 277.
@druvraj -
There is some info on the previous page of this thread wrt citizenship in 3 years.
However, it seems like 3 years is for those who have been working in the US for the past 10 years.
Recaptured visas start FY2014. They rollover. Any watsed visas in the future are also rolled over.
EB-3 gets 120K visas from the very moment the bill is passed. After 5 years, these 120K become Merit Based Track 1.
I would think everyone gets current right away.
Running on yesterday's numbers, EB2/3 will get around 85k. EB3's inventory till 2007 is well known which is around 44k. That leaves around 40k more to be allocated. I would say within 1 year without Recapture, EB3 should go to 2008. With Recapture, kicking in 2015, it should make everything current. I am assuming recapture number is significant.
Bill mentioned recaptured visa to start from FY 2015 not 2014.
rupen, thanks for pointing out my mistake. Now that I look at it again, I don't see the rollover provision... maybe I'm missing something? I aslo noticed FB is reduced from 226K to 161K. (The 65K they took from FB-4).
I read through some of the earlier posts about path to citizenship for legal immigrants (thank you everyone who actually took the effort of reading the bill).
Few questions about path to citizenship for EB:
1. Is it safe to assume the citizenship text changes is applicable to EB category as well (essentially beyond just merit based)?
2. Does F1 "work-authorization" counts? If yes, only the time period of OPT or does the 20-hour per week temp authorization that all F1's get also counted for the 10 year mark?
rupen,
Yesterday I referred to a figure of at least 120k for EB2. The 85k referred to the number available to EB2-IC and before the text was published.
I think EB3 get rather more than that.
a) The dependent ratio is slightly higher for EB3, so the increase to 56k probably equates to 125k.
b) Merit Track 1 visas (this is a biggie!)
Can you check that is correct and that I have understood correctly, please.‘(c) MERIT-BASED IMMIGRANTS.—
(1) FISCAL YEARS 1 THROUGH 4.—
For the first 4 fiscal years beginning after the date of enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act, the worldwide level of merit-based immigrant visas made available under section 201(e)(1) (that is 120k under Merit-Based Points Track One) shall be available for aliens described in section 203(b)(3) (that is EB3 - (3) Skilled workers, professionals, and other workers.- ) and in addition to any visas available for such aliens under such section.
I don't know if anyone else noticed, but the cap on Other Workers (currently 5k) is removed.
Last edited by Spectator; 04-17-2013 at 02:31 PM.
Without an irritant, there can be no pearl.
This is not true. Everything related to EB is effective FY2015 (which for all intents and purposes) is the next fiscal year after the bill is enacted.
1. Yes
2. The "spirit" of the word indicates that OPT would be included but from an execution standpoint its a matter of can USCIS (or whatever their new name is) connect OPT/CPT with H1B.
Seahawks, the bill is silent on your 2nd question, and if passed, this would be left up to the regulations or to litigation.
On your 1st question, most EB would still have to go through the 5 year LPR requirement to beocme a citizen, the exception being those authorized to work for 10 years before beocming LPRs.
viz,
I was wrong about FY2014 for recapture. It is FY2015. But the 120K to EB-3 are right away. See the bill at page 258, line 11
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