An end to retrogression ? (new DOL rules)

[hadron]

With the new DOL regulations prohibiting the substitution of beneficiaries on labor certifications, the flood of IT related I140s from india and china should abate pretty soon. Once the current backlog is worked off, there is a chance for sanity to return.

Best of luck to all of the colleagues from 'retrogression land' !

 

[m_img]

With the new DOL regulations prohibiting the substitution of beneficiaries on labor certifications

What is substitution of beneficiaries? Is it that if LC is for one person and he/she leaves the company, anyone else joining the company can use the same LC which was approved for the previous employee who left the company?

With PERM system, LC is suppose to be done in few months. How does this help the retrogression in future?

 

[hadron]

What is substitution of beneficiaries? Is it that if LC is for one person and he/she leaves the company, anyone else joining the company can use the same LC which was approved for the previous employee who left the company?

Yep. Sounds reasonable doesn't it?

Unfortunately, lots of crooks have turned this into a business opportunity. They filed tons of labor certs when the market for IT staff was empty in the late 90s and stashed them away. When retrogression kicked in, they started selling those 'instant green-cards' through underground networks. The kicker was that the new beneficiary got the priority date of the original filer. So tons of IT guys who are beneficiaries of these LCs from 99 and 00 jump in front of the line of people who lets says filed a legit LC in 04.

With PERM system, LC is suppose to be done in few months. How does this help the retrogression in future?

It will eliminate the people eating up early 2000s priority dates right now. I haven't seen whether those guys in the system right now will be grandfathered, but from how it looks like right now people won't be able to file further I140s with substituted labor certs after july16th.

 

[posmd]

Yep. Sounds reasonable doesn't it?

Unfortunately, lots of crooks have turned this into a business opportunity. They filed tons of labor certs when the market for IT staff was empty in the late 90s and stashed them away. When retrogression kicked in, they started selling those 'instant green-cards' through underground networks. The kicker was that the new beneficiary got the priority date of the original filer. So tons of IT guys who are beneficiaries of these LCs from 99 and 00 jump in front of the line of people who lets says filed a legit LC in 04.



It will eliminate the people eating up early 2000s priority dates right now. I haven't seen whether those guys in the system right now will be grandfathered, but from how it looks like right now people won't be able to file further I140s with substituted labor certs after july16th.

Unfortunately those who have already filed or who recently got their 140s approved on sub labours are grandfathered in. This is long long overdue. It was so unfair and as you rightly pointed out turned this thing into a business opportunity. Retrogression made this thing an even better opportunity. Even if there was not overt trading of these labour certs. it was playing a far greater role in the negotiations of compensation for those carrying them. ie work for me for X amount of money (X of course being a discounted rate) and I will help you cut in line.

I am not quite ready to say that priority date movements are going to be a given. There is still a lot of backlogs for EB2 and EB3 India at various stages of the system, mostly now at the 140 pending or approved and waiting to file 485 or in the 485 stage. That itself will be a number in the many multiples of India's annual EB quota. The priority dates are set based on the number of 485 approvals leaving the system. In addition the state Dep't has made it clear that they were moving the priority dates late in this fiscal year to optimise visa number use ie to avoid the recurrence of last year when they let about 11K numbers go to waste in the presence of massive retrogression. I feel another round of retrogression is inevitable in the fall of this year absent legislative changes.

Another issue that will affect many Indian EB2 docs now is that, many IT folks are switching their petitions to EB2 from EB3. Having acquired 5yrs work experience or masters over the years of waiting, they are retaining their priority date with a newer petition in the EB2 category, there is a Pearson memo that allows this. Unfortunately the powers that be have chosen to bundle NIW 5yr underserved area service into this as well.

Finally, have any of you guys had a chance to see the physician pertinent aspect of the new immigration bill being crafted(or should I say perpetrated) in the senate currently? It is quite disconcerting. No more H1b for GME. No mention of the 5 yr NIW for HPSA/MUA. Newer rules for an extended and expanded Conrad program. A 2yr FQHC/CHC J1 waiver rule, with no necessary GC benefit at the end. Suggested an alternative status to H1b for those during that time. My goodness the AMA has certainly had its way in drafting this one.

 

[docboston]

Unfortunately those who have already filed or who recently got their 140s approved on sub labours are grandfathered in. This is long long overdue. It was so unfair and as you rightly pointed out turned this thing into a business opportunity. Retrogression made this thing an even better opportunity. Even if there was not overt trading of these labour certs. it was playing a far greater role in the negotiations of compensation for those carrying them. ie work for me for X amount of money (X of course being a discounted rate) and I will help you cut in line.

I am not quite ready to say that priority date movements are going to be a given. There is still a lot of backlogs for EB2 and EB3 India at various stages of the system, mostly now at the 140 pending or approved and waiting to file 485 or in the 485 stage. That itself will be a number in the many multiples of India's annual EB quota. The priority dates are set based on the number of 485 approvals leaving the system. In addition the state Dep't has made it clear that they were moving the priority dates late in this fiscal year to optimise visa number use ie to avoid the recurrence of last year when they let about 11K numbers go to waste in the presence of massive retrogression. I feel another round of retrogression is inevitable in the fall of this year absent legislative changes.

Another issue that will affect many Indian EB2 docs now is that, many IT folks are switching their petitions to EB2 from EB3. Having acquired 5yrs work experience or masters over the years of waiting, they are retaining their priority date with a newer petition in the EB2 category, there is a Pearson memo that allows this. Unfortunately the powers that be have chosen to bundle NIW 5yr underserved area service into this as well.

Finally, have any of you guys had a chance to see the physician pertinent aspect of the new immigration bill being crafted(or should I say perpetrated) in the senate currently? It is quite disconcerting. No more H1b for GME. No mention of the 5 yr NIW for HPSA/MUA. Newer rules for an extended and expanded Conrad program. A 2yr FQHC/CHC J1 waiver rule, with no necessary GC benefit at the end. Suggested an alternative status to H1b for those during that time. My goodness the AMA has certainly had its way in drafting this one.

I dont entirely agree that its going to be bad for physicians. If you use the points systems for GC, then most people in this forum will get atleast 80 out of possible 100 and should be sitting pretty. In addition, no longer dependent upon the employer for GC process.
On the down side, GME H1 will be eliminated, so many more FMG will join on J1 and subject to HRR. However, number of J1 waiver slots are also being expanded.

 

[posmd]

I dont entirely agree that its going to be bad for physicians. If you use the points systems for GC, then most people in this forum will get atleast 80 out of possible 100 and should be sitting pretty. In addition, no longer dependent upon the employer for GC process.
On the down side, GME H1 will be eliminated, so many more FMG will join on J1 and subject to HRR. However, number of J1 waiver slots are also being expanded.

Problem is as the proposals currently stand, there is no way to distinguish EB1/EB2/EB3 amongst the skilled based immigration to the USA.
That will unleash a flood of applicants the likes of which we have never seen. Any numbers alloted will pale into comparison with the applicants. If you define highly skilled as college educated, believe me, there is no shortage of such individuals wishing to immigrate to the USA in the world.
So once again, unless there is a special pathway ascribed to physicians working in underserved areas, I feel this bill would not be in alien FMGs interests.

 

[sechuri9]

Most of the Indian's will get 80 points around.
Competition between Indian Doctors and Master's degree in Science.
Most Indian's come here as a MS through F1.
There is no special provision for M.D.'s.(Physician).
This bill effective from (may be)Oct 1st 2008.

I dont entirely agree that its going to be bad for physicians. If you use the points systems for GC, then most people in this forum will get atleast 80 out of possible 100 and should be sitting pretty. In addition, no longer dependent upon the employer for GC process.
On the down side, GME H1 will be eliminated, so many more FMG will join on J1 and subject to HRR. However, number of J1 waiver slots are also being expanded.

 

[lostlamb]

Don't speculate

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