Fine prints in proposed legislature for retrogression relief, Identify Good and Bad

akela

Registered Users (C)
When you guys are supporting a bill, make sure to read the fine prints. One of the biggest benefit that over subscribed countries have (like India, China, Mexico, Philipines) have is that any unused GC in that category gets alloted to these countries per quarter. So even if the per country limit is 7.1% (which would be typically 10,000 for each country per year), more than that number is allocated (like Indians got something like 30,000 GC in the last many years). The law that makes it possible is this one, and any proposal that fiddles with it is baaaaaaaaaaaaaaaddddd.


The relevant line is Sec. 202. [8 U.S.C. 1152] , paragraph 5

SEC. 104. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS.
(a) SPECIAL RULES- Section 202(a) of the Immigration and Nationality Act (8 U.S.C.1152(a)) is amended by adding at the end the following new paragraph:
“(5) RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
“(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.


If this is removed then, it's kiss of death for over subscribed countries (in fact for everyone, as they wont be able to allocate all the GC in a year (as was in 2003, they only adjudicated less than 100,000 GC when the limit was 140,000))

For example take 3 1033, Section 602, it talks of removing para 5. Please appose this measure.

http://www.congress.gov/cgi-bin/query/z?c109:S.1033:

http://www.congress.gov/cgi-bin/query/F?c109:1:./temp/~c109K8Xmrn:e103606:

SEC. 602. COUNTRY LIMITS.

Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a)) is amended--

(1) in paragraph (2)--

(A) by striking `, (4), and (5)' and inserting `and (4)'; and

(B) by striking `7 percent (in the case of a single foreign state) or 2 percent' and inserting `10 percent (in the case of a single foreign state) or 5 percent'; and

(2) by striking paragraph (5).



Thanks


Power through knowledge
 
Could you please re write it in a language that I can understand. Sorry I dont have much knowledge to understand the bill terms and the language.
What are the main points that are getting changed and approved. When it will be approved and is there any affect of it on worldwide EB3 category or not with emphasis on spouse cases.
 
Do not worry about this clause. It will not be removed. The purpose of incersing visa numbers (if at all they do) will be lost, once if it is deleted.

The new legislations are focusing mainly for illegal mexian workers, to attain legal permanent status. If they remove this section, 11 million undocumented workers mainly from mexico will not get legal PR status.
 
I wish they had a total text on how the new law looks like instead of referring to "removing subsection iii of section 2 of ..." yai-yai-yaah!

Ok good news as I see it, it is probably discussed before but

1. Emplyoment visas = 290K *Good*
2. One time recapture of unused visas from 2001-2004 *Good*
3. On a ongoing basis Recapture unused numbers from previous year *Good*
4. EB3 will become 35% of the available numbers *Good*
5. No talks about spouse not using up a number : I think this never was a good idea to start with.

I hope it passes the congress/senate soon.
 
can_card said:
Do not worry about this clause. It will not be removed. The purpose of incersing visa numbers (if at all they do) will be lost, once if it is deleted.

What you and I think are logical is not necessarily how these law makers think :) So this maybe a cause of concern.
 
Top