Good news for EB3 Retrogression guys
- Thread starter sa24
- Start date
Shakti Kapoor
Registered Users (C)
Guys,
Is this not supposed to be the final version....see the last updated date at the top of the document
http://www.govtrack.us/congress/billtext.xpd?bill=h109-1268
If this is the final document, its good new for us
Please have a look and confirm
Shakti
Is this not supposed to be the final version....see the last updated date at the top of the document
http://www.govtrack.us/congress/billtext.xpd?bill=h109-1268
If this is the final document, its good new for us
Please have a look and confirm
Shakti
Bad news
As part of the Tsunami/Iraq spending bill Congress is set to pass this week, Congress extended a provision in the American Competitiveness in the 21st Century Act of 2000 that allowed unused employment-based green cards from 1999 and 2000 to be reclaimed for later years. The new law allows for the continuation of this practice for the years 2001 through 2004 as long as the numbers are allocated for nurses and physical therapists (Department of Labor Schedule A occupations) and as long as the number used does not exceed 50,000.
See http://www.visalaw.com/05may1/5may105.html
Hope they had interpreted it wrong.
As part of the Tsunami/Iraq spending bill Congress is set to pass this week, Congress extended a provision in the American Competitiveness in the 21st Century Act of 2000 that allowed unused employment-based green cards from 1999 and 2000 to be reclaimed for later years. The new law allows for the continuation of this practice for the years 2001 through 2004 as long as the numbers are allocated for nurses and physical therapists (Department of Labor Schedule A occupations) and as long as the number used does not exceed 50,000.
See http://www.visalaw.com/05may1/5may105.html
Hope they had interpreted it wrong.
AS i said,,,
You are right, thats correct...I had a hope in this statement
in paragraph (2)(A), by striking ``and 2000'' and inserting ``through 2004''; and
What this does is let say before 2000 we got 130K out of that 30K was used in 2003.
Now they have 100K left plus current year limits, being the retro is in affect on Dec 2004. That means they have pending application which were equal to 100k + what ever is the annual limit of y2005.
Now if this is approved
in paragraph (2)(A), by striking ``and 2000'' and inserting ``through 2004''; and
as per estimate in congress shutterman, they have 130k of unused visa numbers since 2001. Instead of 50% now they say use 50k for nurses.
If all the stats were correct as per congress man....
130K - 50k = 80k can be used for other immigration catagories.
With that said....
This additional visa numbers plus
The current year 2005 unused numbers plus
Fourth quarter does not have quarterly limitation
will give us green card before september if the application was held on "Visa on Hold"
and it will be current for few more months.
You are right, thats correct...I had a hope in this statement
in paragraph (2)(A), by striking ``and 2000'' and inserting ``through 2004''; and
What this does is let say before 2000 we got 130K out of that 30K was used in 2003.
Now they have 100K left plus current year limits, being the retro is in affect on Dec 2004. That means they have pending application which were equal to 100k + what ever is the annual limit of y2005.
Now if this is approved
in paragraph (2)(A), by striking ``and 2000'' and inserting ``through 2004''; and
as per estimate in congress shutterman, they have 130k of unused visa numbers since 2001. Instead of 50% now they say use 50k for nurses.
If all the stats were correct as per congress man....
130K - 50k = 80k can be used for other immigration catagories.
With that said....
This additional visa numbers plus
The current year 2005 unused numbers plus
Fourth quarter does not have quarterly limitation
will give us green card before september if the application was held on "Visa on Hold"
and it will be current for few more months.
-------------------------------------------------------------------------
RECAPTURE OF VISAS
SEC. 7007. Section 106(d)(2)(A) of the American Com-
petitiveness in the Twenty-first Century Act of 2000 (Public
Law 106313; 8 U.S.C. 1153 note) is amended--
HR 1268 PP
310
(1) in paragraph (1), by inserting before the pe-
riod at the end of the second sentence ``and any such
visa that is made available due to the difference be-
tween the number of employment-based visas that
were made available in fiscal year 2001, 2002, 2003,
or 2004 and the number of such visas that were actu-
ally used in such fiscal year
shall be available only to employment-based immigrants, and the dependents of such immigrants,
and 50 percent of such visas shall be made available to those whose immigrant worker petitions were approved based on schedule A,
as defined in section 656.5 of title 20, Code of Federal
Regulations, as promulgated by the Secretary of
Labor''; and
(2) in paragraph (2)(A), by striking ``and 2000''
and inserting ``through 2004''.
--------------------------------------------------------------------------
"Shall be available only to employment-based immigrants, and the dependents". To keep current PD to Nurses, and PTs they reserved 50% of these to them... We will be happy if we even get 50%(which is 50,000). I think EB3 people will get 50,000 visas(GCs).
RECAPTURE OF VISAS
SEC. 7007. Section 106(d)(2)(A) of the American Com-
petitiveness in the Twenty-first Century Act of 2000 (Public
Law 106313; 8 U.S.C. 1153 note) is amended--
HR 1268 PP
310
(1) in paragraph (1), by inserting before the pe-
riod at the end of the second sentence ``and any such
visa that is made available due to the difference be-
tween the number of employment-based visas that
were made available in fiscal year 2001, 2002, 2003,
or 2004 and the number of such visas that were actu-
ally used in such fiscal year
shall be available only to employment-based immigrants, and the dependents of such immigrants,
and 50 percent of such visas shall be made available to those whose immigrant worker petitions were approved based on schedule A,
as defined in section 656.5 of title 20, Code of Federal
Regulations, as promulgated by the Secretary of
Labor''; and
(2) in paragraph (2)(A), by striking ``and 2000''
and inserting ``through 2004''.
--------------------------------------------------------------------------
"Shall be available only to employment-based immigrants, and the dependents". To keep current PD to Nurses, and PTs they reserved 50% of these to them... We will be happy if we even get 50%(which is 50,000). I think EB3 people will get 50,000 visas(GCs).
Last edited by a moderator:
catch_22_4_GC
Registered Users (C)
For your interpretation...
ORIGINAL VERSION FROM AC21 - CLINTON PASSED VERSION
(d) RECAPTURE OF UNUSED EMPLOYMENT-BASED IMMIGRANT VISAS-
(1) IN GENERAL- Notwithstanding any other provision of law, the number of employment-based visas (as defined in paragraph (3)) made available for a fiscal year (beginning with fiscal year 2001) shall be increased by the number described in paragraph (2). Visas made available under this subsection shall only be available in a fiscal year to employment-based immigrants under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act.
(2) NUMBER AVAILABLE-
(A) IN GENERAL- Subject to subparagraph (B), the number described in this paragraph is the difference between the number of employment-based visas that were made available in fiscal year 1999 and 2000 and the number of such visas that were actually used in such fiscal years.
(B) REDUCTION- The number described in subparagraph (A) shall be reduced, for each fiscal year after fiscal year 2001, by the cumulative number of immigrant visas actually used under paragraph (1) for previous fiscal years.
(C) CONSTRUCTION- Nothing in this paragraph shall be construed as affecting the application of section 201(c)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1151(c)(3)(C)).
(3) EMPLOYMENT-BASED VISAS DEFINED- For purposes of this subsection, the term `employment-based visa' means an immigrant visa which is issued pursuant to the numerical limitation under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)).
------------------------------------------------------------------------
Bill as it would look like if all the amendments as proposed in the Conference agreement becomes a law.
(d) RECAPTURE OF UNUSED EMPLOYMENT-BASED IMMIGRANT VISAS-
(1) IN GENERAL- Notwithstanding any other provision of law, the number of employment-based visas (as defined in paragraph (3)) made available for a fiscal year (beginning with fiscal year 2001) shall be increased by the number described in paragraph (2). Visas made available under this subsection shall only be available in a fiscal year to employment-based immigrants under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act and any such visa that is made available due to the difference between the number of employment-based visas that were made available in fiscal year 2001, 2002, 2003, or 2004 and the number of such visas that were actually used in such fiscal year shall be available only to employment-based immigrants (and their family members accompanying or following to join under section 203(d) of such Act (8 U.S.C. 1153(d))) whose immigrant worker petitions were approved based on schedule A, as defined in section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor''.
(2) NUMBER AVAILABLE-
(A) IN GENERAL- Subject to subparagraph (B), the number described in this paragraph is the difference between the number of employment-based visas that were made available in fiscal year 1999 through 2004 and the number of such visas that were actually used in such fiscal years.
(B) REDUCTION- (B)(i) REDUCTION.--The number described in subparagraph (A) shall be reduced, for each fiscal year after fiscal year 2001, by the cumulative number of immigrant visas actually used under paragraph (1) for previous fiscal years.
(ii) MAXIMUM.--The total number of visas actually used under paragraph (1) may not exceed 50,000
.
(C) CONSTRUCTION- Nothing in this paragraph shall be construed as affecting the application of section 201(c)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1151(c)(3)(C)).
(3) EMPLOYMENT-BASED VISAS DEFINED- For purposes of this subsection, the term `employment-based visa' means an immigrant visa which is issued pursuant to the numerical limitation under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)).
ORIGINAL VERSION FROM AC21 - CLINTON PASSED VERSION
(d) RECAPTURE OF UNUSED EMPLOYMENT-BASED IMMIGRANT VISAS-
(1) IN GENERAL- Notwithstanding any other provision of law, the number of employment-based visas (as defined in paragraph (3)) made available for a fiscal year (beginning with fiscal year 2001) shall be increased by the number described in paragraph (2). Visas made available under this subsection shall only be available in a fiscal year to employment-based immigrants under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act.
(2) NUMBER AVAILABLE-
(A) IN GENERAL- Subject to subparagraph (B), the number described in this paragraph is the difference between the number of employment-based visas that were made available in fiscal year 1999 and 2000 and the number of such visas that were actually used in such fiscal years.
(B) REDUCTION- The number described in subparagraph (A) shall be reduced, for each fiscal year after fiscal year 2001, by the cumulative number of immigrant visas actually used under paragraph (1) for previous fiscal years.
(C) CONSTRUCTION- Nothing in this paragraph shall be construed as affecting the application of section 201(c)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1151(c)(3)(C)).
(3) EMPLOYMENT-BASED VISAS DEFINED- For purposes of this subsection, the term `employment-based visa' means an immigrant visa which is issued pursuant to the numerical limitation under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)).
------------------------------------------------------------------------
Bill as it would look like if all the amendments as proposed in the Conference agreement becomes a law.
(d) RECAPTURE OF UNUSED EMPLOYMENT-BASED IMMIGRANT VISAS-
(1) IN GENERAL- Notwithstanding any other provision of law, the number of employment-based visas (as defined in paragraph (3)) made available for a fiscal year (beginning with fiscal year 2001) shall be increased by the number described in paragraph (2). Visas made available under this subsection shall only be available in a fiscal year to employment-based immigrants under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act and any such visa that is made available due to the difference between the number of employment-based visas that were made available in fiscal year 2001, 2002, 2003, or 2004 and the number of such visas that were actually used in such fiscal year shall be available only to employment-based immigrants (and their family members accompanying or following to join under section 203(d) of such Act (8 U.S.C. 1153(d))) whose immigrant worker petitions were approved based on schedule A, as defined in section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor''.
(2) NUMBER AVAILABLE-
(A) IN GENERAL- Subject to subparagraph (B), the number described in this paragraph is the difference between the number of employment-based visas that were made available in fiscal year 1999 through 2004 and the number of such visas that were actually used in such fiscal years.
(B) REDUCTION- (B)(i) REDUCTION.--The number described in subparagraph (A) shall be reduced, for each fiscal year after fiscal year 2001, by the cumulative number of immigrant visas actually used under paragraph (1) for previous fiscal years.
(ii) MAXIMUM.--The total number of visas actually used under paragraph (1) may not exceed 50,000
.
(C) CONSTRUCTION- Nothing in this paragraph shall be construed as affecting the application of section 201(c)(3)(C) of the Immigration and Nationality Act (8 U.S.C. 1151(c)(3)(C)).
(3) EMPLOYMENT-BASED VISAS DEFINED- For purposes of this subsection, the term `employment-based visa' means an immigrant visa which is issued pursuant to the numerical limitation under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)).
Last edited by a moderator:
catch_22_4_GC
Registered Users (C)
When Lawmakers write new amendments, they obviously have the original law before them.....so any changes they proposes would ofcoz take into consideration the verbiage as is stated currently.
My take is that the recaptured visa from the earlier 2000 year would still apply to all EB applicants...however, the recapture from 2001 to 2004, looks like, would apply only to Schedule A occupations...Pls note the phrase 'only to employment-based immigrants (and their family members accompanying or following to join under section 203(d) of such Act (8 U.S.C. 1153(d))) whose immigrant worker petitions were approved based on schedule A'...
There is ofcoz the chance that USCIS may make the priority date for EB3 to 'Current' , to avoid the hassles of classifying petitions as 'schedule A based' and 'Labor Certification based', since technically everyone falls under EB3...just my 2 cents!
My take is that the recaptured visa from the earlier 2000 year would still apply to all EB applicants...however, the recapture from 2001 to 2004, looks like, would apply only to Schedule A occupations...Pls note the phrase 'only to employment-based immigrants (and their family members accompanying or following to join under section 203(d) of such Act (8 U.S.C. 1153(d))) whose immigrant worker petitions were approved based on schedule A'...
There is ofcoz the chance that USCIS may make the priority date for EB3 to 'Current' , to avoid the hassles of classifying petitions as 'schedule A based' and 'Labor Certification based', since technically everyone falls under EB3...just my 2 cents!
Last edited by a moderator:
well, they might just add another row in the bulletin for Schedule A and set it as current (or higher date) instead of entire EB3. (e.g. EB3 Other workers is separately defined category).
I think Schedule A will continue to draw from the main pool and if it runs out draw from the 50000 buffer pool. This wont help us much. Might help a little if it was the other way round.
I think Schedule A will continue to draw from the main pool and if it runs out draw from the 50000 buffer pool. This wont help us much. Might help a little if it was the other way round.
Dont think I am being Negative. But It clearly states that draw the Visa for Schedle A which means only for Nurses..it doesnot say about other, 50% and that would remain as it is now......I hope that other 50% should be allocated to eb3 moving this freaking retro.....
Shakti Kapoor
Registered Users (C)
Bhai log GAND LAG CHUKI HAI RETROGRESSED LOGON KI....ab to TEL MALIYE AUR KAAM PAR CHALIYE......jab kismat mein likhe ho L**DE to kahan se milenge PAKAUDE...
Saalo ko nurses pe daya aa gayi aur apne pe nahin....pata nahin aisa kya deti hain yeh nurses....bhai humko pata ho to hum bhi kuch len den kar lein....USCIS to apni maar hi raha hai....Congress aur Senate wale bhi aa kar marein....par green card de dein....ab to itni lag chuki hai Gand ki, ki dard hona band ho gaya hai...
Shakti
Saalo ko nurses pe daya aa gayi aur apne pe nahin....pata nahin aisa kya deti hain yeh nurses....bhai humko pata ho to hum bhi kuch len den kar lein....USCIS to apni maar hi raha hai....Congress aur Senate wale bhi aa kar marein....par green card de dein....ab to itni lag chuki hai Gand ki, ki dard hona band ho gaya hai...
Shakti
