Dallas Backlog Elimination Center Tracking
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fastergcwanted
Registered Users (C)
Mi_2002 said:
Guys,
This gets me really excited. Here is the question, what would be the timeline for passing this in senate, house and make it to the law book? Given that it is part of the budget bill it got to have certain requirements right? Any ideas?
Cooool !!
Thats good news. I think it should go through more smoothly now.
And oh the list of idiots who voted for this anti-immigration amendment.
YEAs ---14
Akaka (D-HI)
Byrd (D-WV)
Dayton (D-MN)
Dodd (D-CT)
Dorgan (D-ND)
Durbin (D-IL)
Feingold (D-WI)
Inhofe (R-OK)
Jeffords (I-VT)
Landrieu (D-LA)
Rockefeller (D-WV)
Sessions (R-AL)
Stabenow (D-MI)
Vitter (R-LA)
And one senator who can't make up his mind whether immigration is good for this country.
Not Voting - 1
Corzine (D-NJ)
http://www.senate.gov/legislative/L...ote_cfm.cfm?congress=109&session=1&vote=00295
Thats good news. I think it should go through more smoothly now.
And oh the list of idiots who voted for this anti-immigration amendment.
YEAs ---14
Akaka (D-HI)
Byrd (D-WV)
Dayton (D-MN)
Dodd (D-CT)
Dorgan (D-ND)
Durbin (D-IL)
Feingold (D-WI)
Inhofe (R-OK)
Jeffords (I-VT)
Landrieu (D-LA)
Rockefeller (D-WV)
Sessions (R-AL)
Stabenow (D-MI)
Vitter (R-LA)
And one senator who can't make up his mind whether immigration is good for this country.
Not Voting - 1
Corzine (D-NJ)
http://www.senate.gov/legislative/L...ote_cfm.cfm?congress=109&session=1&vote=00295
Pareshan4GC
Registered Users (C)
SeattleGC said:
Just love this. Feel so good about this A-HOLE losing this battle. Feels like a personal victory.
sunofeast_GC
Registered Users (C)
Senate Passed S. 1932 Reconciliation Bill
Senate Passed S. 1932 Reconciliation Bill including Immigration Packet which Senate Judiciary Had Passed
At. 05:51 p.m. (est), the full Senate passed S. 1932 after defeating Byrd Amendment. On the House side, the House Budget Committee just passed the House version of the appropriation bill which is scheduled to the full House action next week. The difference between the House bill and the Senate bill will be resolved thereafter at the conference committee. Please stay tuned!
Source : http://www.immigration-law.com
Thanks,
Senate Passed S. 1932 Reconciliation Bill including Immigration Packet which Senate Judiciary Had Passed
At. 05:51 p.m. (est), the full Senate passed S. 1932 after defeating Byrd Amendment. On the House side, the House Budget Committee just passed the House version of the appropriation bill which is scheduled to the full House action next week. The difference between the House bill and the Senate bill will be resolved thereafter at the conference committee. Please stay tuned!
Source : http://www.immigration-law.com
Thanks,
Thats great news !!!!!!!!!!sunofeast_GC said:
It passed with
YEAs 52
NAYs 47
-- Pretty close....
I think the next step is to get the President Bush to sign this into a law. That shouldn't be a problem since this was a Republican sponsored bill and almost all of the Republican voted for it.
Its as good as signed... Excellent....
PainfulGC123
Registered Users (C)
Bill S.1932 was passed by Senate today
SEC. 8001. RECAPTURE OF UNUSED VISA NUMBERS.
(a) Recapture of Unused Employment-Based Immigrant Visas- Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended--
(1) in paragraph (2)(C)--
(A) by striking `is the difference' and inserting `is the sum of--
`(i) the difference'; and
(B) by striking the period at the end and inserting the following: `; and
`(ii) the lesser of--
`(I) the number of immigrant visas that were available in any previous fiscal year to employment-based immigrants (and their family members accompanying or following to join under section 203(d)) and that were not issued for that fiscal year or for any subsequent fiscal year, excluding those immigrant visas reserved for employment-based immigrants for an occupation listed in schedule A of section 656.5 of title 20, Code of Federal Regulations; and
`(II) 90,000.'; and
(2) by adding at the end the following:
`(3) Immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).'.
(b) Supplemental Petition Fee- Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
(1) in subparagraph (E), by adding at the end the following: `Such petition shall be accompanied by a supplemental petition fee in the amount of $500.'; and
(2) in subparagraph (F), by adding at the end the following: `Such petition shall be accompanied by a supplemental petition fee in the amount of $500.'.
(c) Adjustment of Status-
(1) IN GENERAL- Section 245(a) of the Immigration and Nationality Act (8 U.S.C. 1255(a)) is amended to read as follows:
`(a)(1) The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) may be adjusted by the Secretary of Homeland Security or the Attorney General, in the discretion of the Secretary or Attorney General, and under such regulations as the Secretary or Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--
`(A) the alien makes an application for such adjustment;
`(B) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and
`(C) an immigrant visa is immediately available to the alien at the time the application is filed.
`(2) If a supplemental petition fee is paid for any petition under subparagraph (E) or (F) of section 204(a)(1), an application under paragraph (1) of this subsection on behalf of an alien beneficiary of such petition (including a spouse or child who is accompanying or following to join the principal beneficiary) may be filed without regard to the limitation set forth in paragraph (1)(C). An application for adjustment of status filed under this paragraph may not be approved until such time as an immigrant visa becomes available.'.
(2) PENDING APPLICATIONS- An alien on whose behalf a petition was pending under subparagraph (E) or (F) of section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), on the date of enactment of this Act may, upon the payment of the supplemental petition fee set forth in such section, apply for adjustment of status under this subsection without regard to the limitation set forth in section 245(a)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1255(a)(1)(C)), as amended by paragraph (1).
(d) Recapture of Unused H-1B Visa Numbers- Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended--
(1) by redesignating paragraphs (9) through (11) as paragraphs (10) through (12), respectively; and
(2) by inserting after paragraph (8) the following:
`(9)(A) If the numerical limitation in paragraph (1)(A) for fiscal year 2006 or a subsequent fiscal year has been reached, such numerical limitation shall be supplemented in a number equal to the lesser of--
`(i) the cumulative total number of visas that were available in all prior fiscal years subsequent to fiscal year 1991, and not issued for each such fiscal year or any subsequent fiscal year; and
`(ii) 30,000.
`(B) Any petition filed after the numerical limitation set forth in paragraph (1)(A) has been reached for that fiscal year, and seeking an H-1B visa number recaptured under subparagraph (A) of this paragraph, shall be accompanied by an H-1B recapture fee in the amount of $500.'.
(e) Conforming Amendment- Section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) is amended by inserting `, including those fees provided for in subparagraphs (E) and (F) of section 204(a)(1) and subsections (c)(15) and (g)(9)(B) of section 214,' after `all adjudication fees'.
(f) Expenditure Limitation- Amounts collected under subparagraphs (E) and (F) of section 204(a)(1) and subsections (c)(15) and (g)(9)(B) of section 214 of the Immigration and Nationality Act, as amended by this Act, may not be expended unless specifically appropriated by an Act of Congress.
SEC. 8002. FEES WITH RESPECT TO IMMIGRATION SERVICES FOR INTRACOMPANY TRANSFEREES.
Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:
`(15)(A) The Secretary of State shall impose a fee on an employer when an alien files an application abroad for a visa authorizing initial admission to the United States as a nonimmigrant described in section 101(a)(15)(L) in order to be employed by the employer, if the alien is covered under a blanket petition described in paragraph (2)(A).
`(B) The Secretary of Homeland Security shall impose a fee on an employer filing a petition under paragraph (1) initially to grant an alien nonimmigrant status described in section 101(a)(15)(L) or to extend for the first time the stay of an alien having such status.
`(C) The amount of the fee imposed under subparagraph (A) or (B) shall be $750.
`(D) The fees imposed under subparagraphs (A) and (B) shall only apply to principal aliens and not to spouses or children who are accompanying or following to join such principal aliens.
`(E)(i) An employer may not require an alien who is the beneficiary of the visa or petition for which a fee is imposed under this paragraph to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee.
`(ii) Section 274A(g)(2) shall apply to a violation of clause (i) in the same manner as it applies to a violation of section 274A(g)(1).'.
Calendar No. 274
SOURCE:
http://thomas.loc.gov/cgi-bin/query/z?c109:S.1932:
SEC. 8001. RECAPTURE OF UNUSED VISA NUMBERS.
(a) Recapture of Unused Employment-Based Immigrant Visas- Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended--
(1) in paragraph (2)(C)--
(A) by striking `is the difference' and inserting `is the sum of--
`(i) the difference'; and
(B) by striking the period at the end and inserting the following: `; and
`(ii) the lesser of--
`(I) the number of immigrant visas that were available in any previous fiscal year to employment-based immigrants (and their family members accompanying or following to join under section 203(d)) and that were not issued for that fiscal year or for any subsequent fiscal year, excluding those immigrant visas reserved for employment-based immigrants for an occupation listed in schedule A of section 656.5 of title 20, Code of Federal Regulations; and
`(II) 90,000.'; and
(2) by adding at the end the following:
`(3) Immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).'.
(b) Supplemental Petition Fee- Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
(1) in subparagraph (E), by adding at the end the following: `Such petition shall be accompanied by a supplemental petition fee in the amount of $500.'; and
(2) in subparagraph (F), by adding at the end the following: `Such petition shall be accompanied by a supplemental petition fee in the amount of $500.'.
(c) Adjustment of Status-
(1) IN GENERAL- Section 245(a) of the Immigration and Nationality Act (8 U.S.C. 1255(a)) is amended to read as follows:
`(a)(1) The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) may be adjusted by the Secretary of Homeland Security or the Attorney General, in the discretion of the Secretary or Attorney General, and under such regulations as the Secretary or Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--
`(A) the alien makes an application for such adjustment;
`(B) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and
`(C) an immigrant visa is immediately available to the alien at the time the application is filed.
`(2) If a supplemental petition fee is paid for any petition under subparagraph (E) or (F) of section 204(a)(1), an application under paragraph (1) of this subsection on behalf of an alien beneficiary of such petition (including a spouse or child who is accompanying or following to join the principal beneficiary) may be filed without regard to the limitation set forth in paragraph (1)(C). An application for adjustment of status filed under this paragraph may not be approved until such time as an immigrant visa becomes available.'.
(2) PENDING APPLICATIONS- An alien on whose behalf a petition was pending under subparagraph (E) or (F) of section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), on the date of enactment of this Act may, upon the payment of the supplemental petition fee set forth in such section, apply for adjustment of status under this subsection without regard to the limitation set forth in section 245(a)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1255(a)(1)(C)), as amended by paragraph (1).
(d) Recapture of Unused H-1B Visa Numbers- Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended--
(1) by redesignating paragraphs (9) through (11) as paragraphs (10) through (12), respectively; and
(2) by inserting after paragraph (8) the following:
`(9)(A) If the numerical limitation in paragraph (1)(A) for fiscal year 2006 or a subsequent fiscal year has been reached, such numerical limitation shall be supplemented in a number equal to the lesser of--
`(i) the cumulative total number of visas that were available in all prior fiscal years subsequent to fiscal year 1991, and not issued for each such fiscal year or any subsequent fiscal year; and
`(ii) 30,000.
`(B) Any petition filed after the numerical limitation set forth in paragraph (1)(A) has been reached for that fiscal year, and seeking an H-1B visa number recaptured under subparagraph (A) of this paragraph, shall be accompanied by an H-1B recapture fee in the amount of $500.'.
(e) Conforming Amendment- Section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) is amended by inserting `, including those fees provided for in subparagraphs (E) and (F) of section 204(a)(1) and subsections (c)(15) and (g)(9)(B) of section 214,' after `all adjudication fees'.
(f) Expenditure Limitation- Amounts collected under subparagraphs (E) and (F) of section 204(a)(1) and subsections (c)(15) and (g)(9)(B) of section 214 of the Immigration and Nationality Act, as amended by this Act, may not be expended unless specifically appropriated by an Act of Congress.
SEC. 8002. FEES WITH RESPECT TO IMMIGRATION SERVICES FOR INTRACOMPANY TRANSFEREES.
Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following:
`(15)(A) The Secretary of State shall impose a fee on an employer when an alien files an application abroad for a visa authorizing initial admission to the United States as a nonimmigrant described in section 101(a)(15)(L) in order to be employed by the employer, if the alien is covered under a blanket petition described in paragraph (2)(A).
`(B) The Secretary of Homeland Security shall impose a fee on an employer filing a petition under paragraph (1) initially to grant an alien nonimmigrant status described in section 101(a)(15)(L) or to extend for the first time the stay of an alien having such status.
`(C) The amount of the fee imposed under subparagraph (A) or (B) shall be $750.
`(D) The fees imposed under subparagraphs (A) and (B) shall only apply to principal aliens and not to spouses or children who are accompanying or following to join such principal aliens.
`(E)(i) An employer may not require an alien who is the beneficiary of the visa or petition for which a fee is imposed under this paragraph to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee.
`(ii) Section 274A(g)(2) shall apply to a violation of clause (i) in the same manner as it applies to a violation of section 274A(g)(1).'.
Calendar No. 274
SOURCE:
http://thomas.loc.gov/cgi-bin/query/z?c109:S.1932:
SeattleGC said:
Not so fast. I guess the Senate bill will have to be reconciled with the House bill before sending it the President. Damn it. How long to wait? Im not sure...
Included quote from http://www.immigration-law.com/
"At. 05:51 p.m. (est), the full Senate passed S. 1932 after defeating Byrd Amendment. On the House side, the House Budget Committee just passed the House version of the appropriation bill which is scheduled to the full House action next week. The difference between the House bill and the Senate bill will be resolved thereafter at the conference committee. Please stay tuned"
LC_Ki_Kahaani
Registered Users (C)
At Texas Dept. of Hom Sec
Filed at Houston, TX. Approval took less than a month. The stamp on the envelope was 10/31/05. The petition was sent on 10/4/05
goutamc said:
Filed at Houston, TX. Approval took less than a month. The stamp on the envelope was 10/31/05. The petition was sent on 10/4/05
S 1932 will allow for EAD when no visa number Avaiable --- AILA updates
As background, the Senate Judiciary Committee, as part of the budget reconciliation process, held a markup on October 20 of a proposal to provide temporary relief from the H-1B visa blackout and the employment-based immigrant visa backlogs in exchange for increased fees on some petitions. Although it was vehemently opposed by some Members of the Committee, the proposal ultimately passed out of Committee by a strong 14-2 vote. The final package would:
*Impose a new $500 fee on immigrant visa petitions for the EB-1, EB-2, and EB-3 categories.
*Recapture unused employment-based visas from prior years for immediate allocation of up to 90,000/year.
*Exempt spouses and minor children from counting against the annual cap on employment-based immigrant visas.
*Allow individuals to apply for adjustment of status before an immigrant visa is deemed currently available. (Of course, approval could not occur until the visa number is available.)
*Recapture approximately 300,000 unused H-1B numbers dating back to FY 1991. As a result of an amendment by Senator Feinstein, 30,000 rather than 60,000 would be available annually. (In other words, effectively raising the cap from 65,000 to 95,000 for at least 10 years.)
*Impose a new fee on the recaptured H-1B visas so that the fees on the original 65,000 H-1B allotment remain unchanged but the additional 30,000 available annually carry an additional $500 fee.
*Impose a new $750 fee on L-1 visas. (This was part of Senator Feinstein's amendment and was necessary to offset the reduction in revenue resulting from the limitation on recaptured H-1B numbers from 60,000 to 30,000.)
During floor debate on the Senate’s overall reconciliation package (S. 1932), Senator Byrd offered an amendment to remove from the final package the H-1B and immigrant visa retrogression provisions passed by the Senate Judiciary Committee and replace them with a provision that mirrored the House’s version, which simply imposes a $1,500 fee increase on L visas. That amendment was rejected by an overwhelming vote of 85-14. (See how your Senators voted here). This is a tremendous victory for immigrants. The Senate ultimately approved the Budget Reconciliation Package by a vote of 52-47.
Unfortunately, the fight is not over. The Senate’s package still must be reconciled in conference with the House’s alternative budget reconciliation bill which, as noted above, imposes a $1,500 fee increase on L visas. Although we can congratulate ourselves on our success so far, it will require an equally big push to hold onto these gains and make sure the proposal survives the Senate-House conference. Client action is key to these efforts, so keep your clients engaged and activated! We will keep you updated on the conference timing and process as it comes into focus. In the meantime, we need to maintain the pressure on Congress and the momentum we have generated for meaningful relief.
As background, the Senate Judiciary Committee, as part of the budget reconciliation process, held a markup on October 20 of a proposal to provide temporary relief from the H-1B visa blackout and the employment-based immigrant visa backlogs in exchange for increased fees on some petitions. Although it was vehemently opposed by some Members of the Committee, the proposal ultimately passed out of Committee by a strong 14-2 vote. The final package would:
*Impose a new $500 fee on immigrant visa petitions for the EB-1, EB-2, and EB-3 categories.
*Recapture unused employment-based visas from prior years for immediate allocation of up to 90,000/year.
*Exempt spouses and minor children from counting against the annual cap on employment-based immigrant visas.
*Allow individuals to apply for adjustment of status before an immigrant visa is deemed currently available. (Of course, approval could not occur until the visa number is available.)
*Recapture approximately 300,000 unused H-1B numbers dating back to FY 1991. As a result of an amendment by Senator Feinstein, 30,000 rather than 60,000 would be available annually. (In other words, effectively raising the cap from 65,000 to 95,000 for at least 10 years.)
*Impose a new fee on the recaptured H-1B visas so that the fees on the original 65,000 H-1B allotment remain unchanged but the additional 30,000 available annually carry an additional $500 fee.
*Impose a new $750 fee on L-1 visas. (This was part of Senator Feinstein's amendment and was necessary to offset the reduction in revenue resulting from the limitation on recaptured H-1B numbers from 60,000 to 30,000.)
During floor debate on the Senate’s overall reconciliation package (S. 1932), Senator Byrd offered an amendment to remove from the final package the H-1B and immigrant visa retrogression provisions passed by the Senate Judiciary Committee and replace them with a provision that mirrored the House’s version, which simply imposes a $1,500 fee increase on L visas. That amendment was rejected by an overwhelming vote of 85-14. (See how your Senators voted here). This is a tremendous victory for immigrants. The Senate ultimately approved the Budget Reconciliation Package by a vote of 52-47.
Unfortunately, the fight is not over. The Senate’s package still must be reconciled in conference with the House’s alternative budget reconciliation bill which, as noted above, imposes a $1,500 fee increase on L visas. Although we can congratulate ourselves on our success so far, it will require an equally big push to hold onto these gains and make sure the proposal survives the Senate-House conference. Client action is key to these efforts, so keep your clients engaged and activated! We will keep you updated on the conference timing and process as it comes into focus. In the meantime, we need to maintain the pressure on Congress and the momentum we have generated for meaningful relief.
For those who might care as to how the Bill (S 1932) becomes a law..
How A Bill Becomes A Law
--------------------------------------------------------------------------------
Introduction Of A Bill
Legislation can be introduced in Congress on any subject. Legislation (a bill) can be a simple, non-binding resolution commemorating a notable achievement or lengthy complex changes in law. Legislation is introduced by Members of Congress in the House or Senate. Often similar or identical legislation is introduced in both Chambers of Congress. Introducing a bill is an important, though routine, matter. Thousands of bills are introduced in every Congress, but only a handful are seriously considered or passed into law.
In Committee
Once a piece of legislation is introduced, it is referred to a committee – House bills to a House committee, Senate bills to a Senate committee. The committee may refer the bill to a subcommittee, which can either do nothing, effectively killing the bill, or consider the legislation. Generally, the subcommittee will hold hearings with testimony about the legislation from experts and other interested parties. They may then amend, or change, the legislation and vote to send it to the full committee. The full committee may then consider the bill, amend it, vote to approve it, and send it to the full House or Senate. In both houses, there are procedures for bypassing committees, but this is seldom done.
On The Floor
Once the House or Senate receives the bill, the it may be scheduled for consideration in the full House or Senate – often referred to as being “on the floor” of the chamber where they meet. The bill will be debated, amended, and voted on. A simple majority generally is needed to pass a bill, although in the Senate most controversial legislation requires a 60-vote supermajority to “invoke cloture” to end debate, or filibuster, of a bill.
In Conference
Once the House and Senate pass a bill, a conference committee made up of Senators and Representatives work out any differences between the House and Senate-passed versions. The conference reports out the compromise legislation and sends it back to the House and Senate, where both bodies must pass it again.
On The President’s Desk
After the House and Senate both approve a bill, the bill is sent to the President of the United States. The President has ten days to sign the bill or use his veto power to prevent the bill from becoming a law. In the “veto message” the President explains the reasons (Called “Objections” in the Constitution) for vetoing the bill.
Overriding A Veto
If the President vetoes a bill, Congress can override the President’s veto if two-thirds of the members in both Chambers vote again for the bill. If either Chamber fails to override the veto, the bill does not become law.
How A Bill Becomes A Law
--------------------------------------------------------------------------------
Introduction Of A Bill
Legislation can be introduced in Congress on any subject. Legislation (a bill) can be a simple, non-binding resolution commemorating a notable achievement or lengthy complex changes in law. Legislation is introduced by Members of Congress in the House or Senate. Often similar or identical legislation is introduced in both Chambers of Congress. Introducing a bill is an important, though routine, matter. Thousands of bills are introduced in every Congress, but only a handful are seriously considered or passed into law.
In Committee
Once a piece of legislation is introduced, it is referred to a committee – House bills to a House committee, Senate bills to a Senate committee. The committee may refer the bill to a subcommittee, which can either do nothing, effectively killing the bill, or consider the legislation. Generally, the subcommittee will hold hearings with testimony about the legislation from experts and other interested parties. They may then amend, or change, the legislation and vote to send it to the full committee. The full committee may then consider the bill, amend it, vote to approve it, and send it to the full House or Senate. In both houses, there are procedures for bypassing committees, but this is seldom done.
On The Floor
Once the House or Senate receives the bill, the it may be scheduled for consideration in the full House or Senate – often referred to as being “on the floor” of the chamber where they meet. The bill will be debated, amended, and voted on. A simple majority generally is needed to pass a bill, although in the Senate most controversial legislation requires a 60-vote supermajority to “invoke cloture” to end debate, or filibuster, of a bill.
In Conference
Once the House and Senate pass a bill, a conference committee made up of Senators and Representatives work out any differences between the House and Senate-passed versions. The conference reports out the compromise legislation and sends it back to the House and Senate, where both bodies must pass it again.
On The President’s Desk
After the House and Senate both approve a bill, the bill is sent to the President of the United States. The President has ten days to sign the bill or use his veto power to prevent the bill from becoming a law. In the “veto message” the President explains the reasons (Called “Objections” in the Constitution) for vetoing the bill.
Overriding A Veto
If the President vetoes a bill, Congress can override the President’s veto if two-thirds of the members in both Chambers vote again for the bill. If either Chamber fails to override the veto, the bill does not become law.
Yes, but let's not celebrate right now.
Read this :
We realize that this important immigration packet is presented to the Congress as part of the Omnibus Reconciliation bill which contains numerous volitile political issues other than immigration issues. We hope that the political leaders in the House and the Senate, and for that matter, the President quickly work out concensus for other politically vulnerable issues quickly and enact this bill into a law as quickly as possible. The impact of other politically vulnerable issues was evident from the record of votes of the Senators who passed the immigration bill in the Judiciary Committee in absolute majority but who passed the entire packet of S. 1932 in the dangerously slim margin. A number of the members of the Senate Judiciary Committee voted in favor of the immigration packet in the Judiciary Committee but voted "nays" to S.1932 which contained the immigration bill in the full Senate because of the other politically vulnerable items in the bill. We urge the Congress and the President to work out the differences without too much pains and swiftly pass this bill into law within the next two weeks.
We will celebrate after my very good buddy friend ( ) signs the bill.
Read this :
We realize that this important immigration packet is presented to the Congress as part of the Omnibus Reconciliation bill which contains numerous volitile political issues other than immigration issues. We hope that the political leaders in the House and the Senate, and for that matter, the President quickly work out concensus for other politically vulnerable issues quickly and enact this bill into a law as quickly as possible. The impact of other politically vulnerable issues was evident from the record of votes of the Senators who passed the immigration bill in the Judiciary Committee in absolute majority but who passed the entire packet of S. 1932 in the dangerously slim margin. A number of the members of the Senate Judiciary Committee voted in favor of the immigration packet in the Judiciary Committee but voted "nays" to S.1932 which contained the immigration bill in the full Senate because of the other politically vulnerable items in the bill. We urge the Congress and the President to work out the differences without too much pains and swiftly pass this bill into law within the next two weeks.
We will celebrate after my very good buddy friend (
) signs the bill.lateguy said:
s_chicago said:My feeling is that Approval rate from dBEC is kind of slowed down, not many approvals now a days. Any idea gurus?
Not only approvals, It looks like that DBEC completely shutdowned business.
They do not send 7th year screenshots and do not generate 45 day letters for a long long time. What do they do ? I can only guess that they do data entry.
Is there anyone who can say any news about DBEC ?
lateguy said:
Yes, with supplemental petition fee in the amount of $500.... more over, it will surely add 90,000 more visa numbers. Also spouse and children will not be counted against numerical limit....
In short
--------
Section 201(d) of the Immigration and Nationality Act will be amended to recapture 90,000(Max) visa numbers and not to count spouse and children for numerical limit under employment-based visa count
Section Section 204(a)(1) of the Immigration and Nationality Act will be amended for supplemental petition fee in the amount of $500
Section 245(a) of the Immigration and Nationality Act will be amended to file I-485 even before actual visa number is available.
Here is the exact text
---------------------
SEC. 8001. RECAPTURE OF UNUSED VISA NUMBERS.
(a) Recapture of Unused Employment-Based Immigrant Visas- Section 201(d) of the Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended--
(1) in paragraph (2)(C)--
(A) by striking `is the difference' and inserting `is the sum of--
`(i) the difference'; and
(B) by striking the period at the end and inserting the following: `; and
`(ii) the lesser of--
`(I) the number of immigrant visas that were available in any previous fiscal year to employment-based immigrants (and their family members accompanying or following to join under section 203(d)) and that were not issued for that fiscal year or for any subsequent fiscal year, excluding those immigrant visas reserved for employment-based immigrants for an occupation listed in schedule A of section 656.5 of title 20, Code of Federal Regulations; and
`(II) 90,000.'; and
(2) by adding at the end the following:
`(3) Immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).'.
(b) Supplemental Petition Fee- Section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
(1) in subparagraph (E), by adding at the end the following: `Such petition shall be accompanied by a supplemental petition fee in the amount of $500.'; and
(2) in subparagraph (F), by adding at the end the following: `Such petition shall be accompanied by a supplemental petition fee in the amount of $500.'.
(c) Adjustment of Status-
(1) IN GENERAL- Section 245(a) of the Immigration and Nationality Act (8 U.S.C. 1255(a)) is amended to read as follows:
`(a)(1) The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) may be adjusted by the Secretary of Homeland Security or the Attorney General, in the discretion of the Secretary or Attorney General, and under such regulations as the Secretary or Attorney General may prescribe, to that of an alien lawfully admitted for permanent residence if--
`(A) the alien makes an application for such adjustment;
`(B) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence; and
`(C) an immigrant visa is immediately available to the alien at the time the application is filed.
`(2) If a supplemental petition fee is paid for any petition under subparagraph (E) or (F) of section 204(a)(1), an application under paragraph (1) of this subsection on behalf of an alien beneficiary of such petition (including a spouse or child who is accompanying or following to join the principal beneficiary) may be filed without regard to the limitation set forth in paragraph (1)(C). An application for adjustment of status filed under this paragraph may not be approved until such time as an immigrant visa becomes available.'.
(2) PENDING APPLICATIONS- An alien on whose behalf a petition was pending under subparagraph (E) or (F) of section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)), on the date of enactment of this Act may, upon the payment of the supplemental petition fee set forth in such section, apply for adjustment of status under this subsection without regard to the limitation set forth in section 245(a)(1)(C) of the Immigration and Nationality Act (8 U.S.C. 1255(a)(1)(C)), as amended by paragraph (1).
(d) Recapture of Unused H-1B Visa Numbers- Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended--
(1) by redesignating paragraphs (9) through (11) as paragraphs (10) through (12), respectively; and
(2) by inserting after paragraph (8) the following:
`(9)(A) If the numerical limitation in paragraph (1)(A) for fiscal year 2006 or a subsequent fiscal year has been reached, such numerical limitation shall be supplemented in a number equal to the lesser of--
`(i) the cumulative total number of visas that were available in all prior fiscal years subsequent to fiscal year 1991, and not issued for each such fiscal year or any subsequent fiscal year; and
`(ii) 30,000.
`(B) Any petition filed after the numerical limitation set forth in paragraph (1)(A) has been reached for that fiscal year, and seeking an H-1B visa number recaptured under subparagraph (A) of this paragraph, shall be accompanied by an H-1B recapture fee in the amount of $500.'.
(e) Conforming Amendment- Section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) is amended by inserting `, including those fees provided for in subparagraphs (E) and (F) of section 204(a)(1) and subsections (c)(15) and (g)(9)(B) of section 214,' after `all adjudication fees'.
(f) Expenditure Limitation- Amounts collected under subparagraphs (E) and (F) of section 204(a)(1) and subsections (c)(15) and (g)(9)(B) of section 214 of the Immigration and Nationality Act, as amended by this Act, may not be expended unless specifically appropriated by an Act of Congress.
Hope it becomes law....