Specific labor cert backlog and retrogression measures at iv.org
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Specific retrogression and labor certification backlog elimination measures proposed at www.immigrationvoice.org:
1. Ability to file for I485 even with visa number unavailability.
2. Increase H1B extensions after the 6th year to 3 year terms for people with labor certification applications in the Backlog elimination centers. This helps people to extend their drivers' licenses for 3 years and to get H1B visa stamps every 3 years. This can be a one-time relief for pre-PERM labor certification applicants since PERM-based applicants can finish PERM and I140 in 1 year.
3. Recapture previous years' unused employment-based immigration quota from before fiscal 2006. This would provide one-time relief only.
4. If in any year going forward, the employment-based immigration quota is not used up, automatically recapture the unused numbers in succeeding years.
5. Eliminate dependents from the employment-based immigration numerical quota.
6. Increase the employment-based immigration numerical quota. Actual number TBD.
7. If dependents are not eliminated from the EB quota and if the EB quota is not increased, then prevent reallocation of EB ratios so that the Other workers category doesn't cannibalize EB1-3. Cornyn and Kyl propose increase in Other workers category.
8. Provide more insight into the processing methods of the Backlog Processing Centers. They were supposed to be First-In First-Out but that has not been the case. Dallas appears to be prioritizing RIR applications over non-RIR applications and is now approving RIR applications from Jan 2004. Philadelphia's processing appears to be extremely random.
9. Apply a $500 surcharge on each new H1B that is counted against the cap for two years and apply it solely to labor certification backlog elimination, to sunset after two years. This would raise $85 million and should allow the hiring of 400 additional contractors (200 per backlog center) for two years to solve the labor certification problem.
10. Allow people who have worked for more than three years in certain high-tech fields on H1B, prior to their immigration petition, to apply for adjustment of status AND get their green cards without regard to the numerical quota.
11. Allow people with advanced degrees from the United States in Science, Math and Technology to automatically apply for adjustment of status AND get their green cards without regard to the employment-based numerical quota.
12. Eliminate the labor certification program. Producing an American able and willing to do the job is the job of DOL, not the employer. File a lawsuit to make DOL stick to the letter of the law.