Good news EB3 relief passed in senate

[raj_agrawal_04]

Hi Guys,
Just wanted to share a news for the EB3 retro. If this gets cleared then
we may see the jump in the PD.


http://www.aila.org/contentViewer.as...,911,6717,9243

3. EB-3 Relief: By unanimous consent, the Senate also passed a measure sponsored by Senators Schumer (D-NY), Hutchison (R-TX) and Kennedy (D-MA) that would recapture EB -3 numbers lost from FY 2001-2004 due to processing delays. 50% of these numbers would be allocated to Schedule A occupations.

Both the H-2B relief bill and the EB-3 relief provisions will now be included in the Senate version of the supplemental appropriations bill. However, since neither of these measures was included in the House-passed supplemental, they will be discussed when House and Senate conferees meet to resolve differences between the two bills. In both cases, AILA will urge the House to recede to the Senate on both the H-2B bill and EB-3 relief.

The REAL ID Act (if not passed by the Senate), H-2B relief, and EB-3 relief will be subject to conference negotiations. It is thus important to focus attention on Members of both the House and Senate.

Thx,
Raj

[shishe]

Thanks Raj sharing the information. Sure eb-3 will get relief if this bill passes.
--shishe

[GC@NSC]

Can you elaborate on Schedule A Occupations. Thanks

[max2k1]

Can you elaborate on Schedule A Occupations. Thanks

Schedule A occupations is as defined by the Dept. Of Labor.

===
Schedule A
(a) Group I:

(1) Persons who will be employed as physical therapists
(2) Aliens who will be employed as professional nurses

(b) Group II:

Aliens (except for aliens in the performing arts) of exceptional ability in the sciences or arts including college and university teachers of exceptional ability who have been practicing their science or art during the year prior to application and who intend to practice the same science or art in the United States.

For purposes of this group, the term ``science or art'' means any field of knowledge and/or skill with respect to which colleges and universities commonly offer specialized courses leading to a degree in the knowledge and/or skill.

An alien, however, need not have studied at a college or university in order to qualify for the Group II occupation.

===
Sounds like most EB3 would be covered under Schedule A, Group II

[ddd999]

when we will know the result of this??

[GC@NSC]

Just curious to know if H1B EB3's benefit out of this law.

[vijay0101]

hi all my LC (subs) used for I-140 from texas Service Center and it is pending since august 2003. We got an in
i-140 receipt date is 8/2003
RFE on i-140 is jan and replied on jan too no information yet..

RFE was about Pay stub ...what are my chances to getting approved..any one any thoughs any suggession please let me know thanks in advance.
vijay

[go2roomshare]

When would be EB3 relief effective?? any Ideas??

[mastmastana]

Any Update on this law ??

[LaborCleared]

http://www.shusterman.com/.

look in News ticker

Any Update on this law ??

[max2k1]

http://www.shusterman.com/.

look in News ticker

Oh yeah -- cool

You really got good eyes to spot that one

[baby_mde]

I have seen bew ticker it does not says eb3 releif passed. Why are you guys so happy. It is really passed? if then I am really happy.

[armie]

from MurthyDotCom

For the remainder of FY2005, the DOS expects the EB3 numbers not to move much in either one direction or the other. EB1 and EB2 are not expected to retrogress during FY2005, which ends September 30, 2005.


In the second half of FY2006, the EB2 category is expected to retrogress for mainland China and India. The DOS projects that the EB1 category may possibly also retrogress for India and China in FY2006.

[mydearcard]

Is it menioned anywhere about processing EB3 retrogressed cases in fy 2005?

Thanks

[avi101]

From Shusterman site, seems like the bill is going to give 50000 additional visas for Occupation A. No mention of visa-recapture ( perhaps 50000 for nurses is from the recapture) for other categories.

Are others screwed?

[raj_agrawal_04]

I look like EB3 (other than RN) are screwed. I have read the bill amendment
when I started the thread and did not find the EB3 other than RN mentioned there. But reading through the web site have created the hope that 50% will be available to us.
Now it look like it is not the case. Is there any attorney that can help us figure out what is the correct interpretation.

Raj

From Shusterman site, seems like the bill is going to give 50000 additional visas for Occupation A. No mention of visa-recapture ( perhaps 50000 for nurses is from the recapture) for other categories.

Are others screwed?

[GC_DJ]

Bill Passed to Provide Limited Relief from Retrogression
Posted May 04, 2005

H.R. 1268, a bill that was primarily intended to provide supplemental appropriations for defense, the global war on terror, and tsunami relief, has been passed by both the U.S. House of Representatives and the U.S. Senate. However, it contains some important immigration provisions. The House and Senate announced on May 3, 2005 that they have reached an agreement on the final wording of the Bill. This Bill is not yet enacted into law, but is expected to be signed by the President, which will finalize it into law.

The Bill would amend the provision of AC21 that released certain unused visa numbers to all employment-based categories. In H.R. 1268, 50 percent of these employment-based visa numbers are allocated solely to Schedule A cases, which affects nurses and physical therapists. This would be quite helpful to nurses and physical therapists, occupations in high demand in the U.S. It would also be helpful to address the current retrogression problem in the EB-3 category. Of course, this is a short-term solution. Details of this Bill will be made available in our May 6, 2005 MurthyBulletin and on MurthyDotCom.


Source: Murthy.com

I look like EB3 (other than RN) are screwed. I have read the bill amendment
when I started the thread and did not find the EB3 other than RN mentioned there. But reading through the web site have created the hope that 50% will be available to us.
Now it look like it is not the case. Is there any attorney that can help us figure out what is the correct interpretation.

Raj

[gceeker05]

somehow i still continue to believe that remaining 50% will be allocated to the other professionals. This issue is more suitable for attorneys and others having greater understanding on interpretations but my very initial feeling is that other professionals would get the remaining part of the cake...

I look like EB3 (other than RN) are screwed. I have read the bill amendment
when I started the thread and did not find the EB3 other than RN mentioned there. But reading through the web site have created the hope that 50% will be available to us.
Now it look like it is not the case. Is there any attorney that can help us figure out what is the correct interpretation.

Raj

[bharad1]

Seems to be conflicting information on different attorney websites. This makes it look like it will go only to nurses etc.

http://www.shusterman.com/rn-pt-amendment.html

[gc_vsc]

I would interpret it that out of the 130K visa's available, maximum of 50K should be used for Nurses and PTs. The rest for others. What do you think they ae going to use the 80000?

gc_vsc

[catch_22_4_GC]

We have to wait for the final publication of the amendments on the thomas website...to read and interpret what is being said. The text is in plain English and you do not need a lawyer, who most of the time interpret to suit their ends, to understand it...

gc_vsc - I am a bit worried that the 50% wording is missing based on shusterman...I hope the amendment that he published was the old one by Hutchinson beforer the amendment to 50%

[avi101]

gc_vsc:
I hope your interpretation is true.
I just find it disconcerting that the updates posted on Shusterman specify only about 50000 and nothing about the remaining. Its not impossible that only these 50000 are recaptured. The impact of shortage in nurses and OT is much more than other EB3 occupations. We are having this talk cos earlier Shusterman updates mentioned about recapture proposal with 65000 for nurses and 65000 for others, now it talks ONLY about the 50000 for nurses.

Anyways, we will know by end of Friday what the contents of the bill are.

[gc_vsc]

See this post

http://www.govtrack.us/congress/bill...bill=h109-1268

It says 50% for schedule A. Look under recapture of Visa.

[catch_22_4_GC]

This is from the final published 'Public Print' from the Congress Library website (Thomas)....This is the latest version.

http://thomas.loc.gov/cgi-bin/query/...Z7NA6:e433711:

[bharad1]

Heres is the final conference version of the bill (the above link is to the senate version)

http://thomas.loc.gov/cgi-bin/query/...:FLD001:H02814

[shishe]

Bharat1,
Can you guide me where to read the eb3 relief doc...it looks like so many bills together...

[catch_22_4_GC]

This is text from the final conference...from the above link...Search for

Page: H2876

TITLE V--OTHER CHANGES TO PROVISIONS GOVERNING NONIMMIGRANT AND IMMIGRANT VISA

The conference agreement includes language modified from language proposed by the Senate regarding reciprocal visas for national of Australia. The House did not include similar language.

The conference agreement includes language modified from language proposed by the Senate regarding visas for nurses. the House did not include similar language.

The conferees agree to the Senate amendment relating to the title of the Act. The Senate amended the title to read ``An Act Making Emergency Supplemental Appropriations for Defense, the Global War on Terror, and Tsunami Relief, for the fiscal year ending September 30, 2005, and for other purposes.''.

[bharad1]

Sorry....

Click on print friendly version and then search for 'nurses'.

[sept_neb_filler]

I am hoping everyone gets the relief and dates get current for everyone. But just for information sake it makes more sense in case of Schedule A as they don't have to go through labor certification. Hence their PD is normaly very recent, based on filling of I140 (not on labor as there is no labor). Now assume that there is no relief for schedule A. In that case the whole purpose of schedule A is defied as they will get the visa in the same range of time in which every one else (they have to wait longer for visa number to be avialable). So to keep the schedule A program intact, it makes sense to keep the dates for schedule A applicants current.

[Sandeep_N]

Sorry....

Click on print friendly version and then search for 'nurses'.

Bharad1,
The house document that you talk of i.e. http://www.govtrack.us/data/us/bills.text/109/h1268.pdf has a date of APRIL 21,2005 which is not the "latest and the greatest". After this Conference report H. Rept. 109-72 was filed on May 3rd. This should be the latest - is that correct? If I take a look at the conference report, I see that the wording is same as "SEC. 502. VISAS FOR NURSES" wording at shusterman which says that this is for nurses and there is no mention about anyother visa numbers.
Also worrying is the fact the they have put "MAXIMUM- The total number of visas actually used under paragraph (1) may not exceed 50,000"
Sandeep