Bill to remove the per-country cap: a destroyer of EB3

[StonedAnt]

Exactly. When US wants people from one country they should be willing to offer GC's based on their entry date or some other reason and not simply on country of birth.

I have a PD prior to Jackolantern and he got his GC 8 months ago and I can't imagine any sooner. Won't you feel discriminated. (Jackolantern - I am not jealous of you. But I have to tell the facts)

Well, I don't know the exact rules and I am not as well versed in these immigration matters like Jack, but it is my understanding that working on an H1B technically has no relation to being sponsored for GC. Not saying that I disagree with your point, just that there are many other countries where one would live their entire lives on work visa and still never be able to become a permanent resident. Middle East is a typical example of this and if someone does manage to become a PR there, they are not treated like one till their 3rd or even 4th generations.

As I mentioned before, I feel the fault is not necessarily in the country cap, but more on people who abuse the laws. Unfortunately this does end up affecting people who truly deserve to have received their PR sooner.


Stoned!

 

[Jackolantern]

I have a PD prior to Jackolantern and he got his GC 8 months ago and I can't imagine any sooner. Won't you feel discriminated.

Yes I would, but the per-country cap is not fair to the immigrants. Nor it is intended to be. The purpose is to be more fair to the citizens and residents of the country that accepts the immigrants.

If they had a points or ranking system within EB3 and EB2, diversity would sort itself out naturally. The nature of talent and merit is such that the best will not be predominantly from just one or two countries. That's why EB1 is rarely in danger of having any country hit its cap.

I agree that if they're having a per-country cap it should also be implemented at the H1 stage. Or a per-company cap. Google and other tech companies lose many of the high-end foreign engineers they intended to hire, because Infosys and Tata and Wipro ate up so many thousands of visas, mostly used to hire workers with unspectacular credentials. A per-country cap or a ranking system would make it less likely for those experts to get crowded out.

 

[StonedAnt]

Google and other tech companies lose many of the high-end foreign engineers they intended to hire, because Infosys and Tata and Wipro ate up so many thousands of visas, mostly used to hire workers with unspectacular credentials. A per-country cap or a ranking system would make it less likely for those experts to get crowded out.

EXACTLY! And now if you remove the per country cap, it would allow these companies to eat up the EB visas as well.


Stoned!

 

[byThorbyOdin]

Y
I agree that if they're having a per-country cap it should also be implemented at the H1 stage. Or a per-company cap. Google and other tech companies lose many of the high-end foreign engineers they intended to hire, because Infosys and Tata and Wipro ate up so many thousands of visas, mostly used to hire workers with unspectacular credentials. A per-country cap or a ranking system would make it less likely for those experts to get crowded out.

Now I'm going to turn around and argue that the US (or atleast US employers will never allow) will never impose a country based H1B quota system.

The only view that matters in this case is the US's view (lets face it no one gives two hoots about what the legal immigrant thinks, if they did things would be far different). Capping the H1Bs by country would impose limitations on what US companies could hire to get their work done. This would not be be in their interest, ergo no such system.

I would argue that the US needs to implement 2 types of H1Bs - H1B and H1B with intent to immigrate. The H1Bs with intent to immigrate can have a country based quota system and only those would be eligible for the EB process. The application process for this can be made more stringent with higher fees etc. This allows employers to truly identify who they would sponsor for GCs, lets the employee decide upfront if he/she wants to be sponsored in the "only" H1B category and allows US educated grad/STEM degree holders to get GCs in a reasonable time.

This is also a fairly easy fix (though it does not solve the current mess).

 

[Jackolantern]

Now I'm going to turn around and argue that the US (or atleast US employers will never allow) will never impose a country based H1B quota system.

The only view that matters in this case is the US's view (lets face it no one gives two hoots about what the legal immigrant thinks, if they did things would be far different). Capping the H1Bs by country would impose limitations on what US companies could hire to get their work done. This would not be be in their interest, ergo no such system.

I disagree, as they are already limited by the oversubscribed quota in a worse way. Under the current system everybody has to hope for the luck of the lottery. With a per-country cap that is applied only when the quota is oversubscribed, they would be able to hire people from anywhere in the world except two or three countries and be confident that their visa will get approved.

However, a per-company cap would probably be more effective. Something like no single company can use more than 1% of the quota, nor can H-1B workers be more than 30% of their workforce. That way the big companies will be more careful to use their allotment of visas to bring in only their most valuable people, and when somebody like an aerospace or biotech company needs a specialized expert (who has high-end credentials but not quite enough to get an O visa) they don't get crowded out of the visa pool.

 

[moosh]

My PD has become current about 5 months ago (EB3). I am living in Canada now and waiting for CP. I did not receive any package from NVC. I called my lawyer office last week and talked to my case worker to find out what is going on. I received an email from my case worker yesterday which is as follow:

“The NVC, just replied to my emails, stating that they do not have the record of your case and requesting us to contact the USCIS, and request from them, the transfer of your record to the Visa Center, for visa processing. After contacting the USCIS, we found out that the only request available to process your case, is to fill out a form called NOTICE OF ACTION, providing to USCIS with the necessary documents to transfer the case to the NVC. To
process a "notice of action", it is required to pay a fee of $340.00 payable to the U.S. Department of Homeland Security" plus $350.00 which is attorney fee.”

I would appreciate if anybody helps me in this matter. Is this a regular thing or is just happened in my case. Do I have to pay these fees or there is any other way to solve this problem.
Thank you

 

[Jackolantern]

My PD has become current about 5 months ago (EB3). I am living in Canada now and waiting for CP. I did not receive any package from NVC. I called my lawyer office last week and talked to my case worker to find out what is going on. I received an email from my case worker yesterday which is as follow:

“The NVC, just replied to my emails, stating that they do not have the record of your case and requesting us to contact the USCIS, and request from them, the transfer of your record to the Visa Center, for visa processing. After contacting the USCIS, we found out that the only request available to process your case, is to fill out a form called NOTICE OF ACTION, providing to USCIS with the necessary documents to transfer the case to the NVC. To
process a "notice of action", it is required to pay a fee of $340.00 payable to the U.S. Department of Homeland Security" plus $350.00 which is attorney fee.”

I would appreciate if anybody helps me in this matter. Is this a regular thing or is just happened in my case. Do I have to pay these fees or there is any other way to solve this problem.
Thank you

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