EB-3 Visa Number Problem and Likely Relief by Pending Immigration Reform Bills
So far we have reported a depressing EB-3 visa number prediction based on the current immigration law that allocates only 140,000 a year for the employment-based immigrant visas. However, there are two leading immigration reform legislative bills pending in the Senate which are likely to give some relief to the EB-3 backlog problem, should the bills be enacted into law. One is McCain-Kennedy bill, S. 1033, and the other Cornyn-Kyl bill, S.1438. These bills have attracted a lot of attention from the media and public in two respects: Differences in the two bills in the issues of legalization of illegal aliens and the weight of border and enforcement in the nation's immigration policy.
However, from the perspective of the employment-based immigrant community, these two bills will benefit, albeit differently, the EB-3 workers tremendously. The following table compares the current EB visa number allocation system with proposed changes in the allocation system in these two bills:
Current System <==> Cornyn-Kyl bill <==> McCain-Kennedy bill
EB Total Annual Quota 140,000(100%)
<==> 190,000(100%)
<==> 290,000(100%)
EB-1 28.6%
<==> 20.0%
<==> 20.0%
EB-2 28.6%
<==> 20.0%
<==> 20.0%
EB-31 28.6%*
<==> 35.0% <==> 35.0%
*Includes EB-3 EW unckillsed other worker upto 10,000
=> Current EB-3 EW Other Workers Included in EB-31 per current system -Current EB 3 EW is reclassified into the new EB-5 preference
=> Current EB-4 (Special Immigrants) 7.1% per current system - Current EB-4 category removed.
=> Current EB-5(Investor) 7.1% per current system - Reclassified into the new EB-4 preference
=> New EB-4(Investor) - 4.0% (Cornyn-Kyl bill); 5.0% (McCain-Kennedy bill) -Formerly EB-5
=> New EB-5(Other Workers) - Upto 36.0% (21.0%) (Cornyn-Kyl bill); Upto 30.0% (20.0%) (McCain-Kennedy bill) - Formerly EB-3 EW Other Workers. Since it is the lowest preference, if EB-1, EB-2, EB-3, and EB-3 use up their numbers, the practical available number would be the figures in the parenthesis.
Under both Cornyn-Kyl bill and McCain-Kenney bill, the big winners will be the current EB-3 workers. For instance, current EB-3 quota, excluding nurses and physical therapists, is approximately 40,000 a year including EB-3 skilled and professional workers and EB-3EW other workers (upto 10,000), but it will increase to 104,000 plus (66,500 EB-3 + 38,000 new EB-5) under Cornyn-Kyl bill, and to 159,000 plus (101,500 EB-3 + 58,000 new EB-5) under McCain-Kennedy bill. Part of this benefit will come from termination of immigration visa lottery, 55,000 (DV Program). Both bills also provide positive recapture of unused numbers in the previous years which will lead to some numbers available for the regular EB-3 workers after taking away 50,000 numbers by the nurses and physical therapists.
When it comes to the specific numbers, the two bills differ to a great extent, but remarkably both bills are committed to reducing the serious EB-3 backlogs under the current immigration quota system. This is a good news.
Source:
http://www.immigration-law.com/
So bottomline is, support this bill strongly by sending letter/email/fax or phone call to your Senators/Congressman/President/Committees.
Don't know who is your senators/congressman or what to send? Click here:
http://immigrationportal.com/showpost.php?p=1202739&postcount=183
