GC_DJ said:
It helps EB3 guys tremendously. It also helps Eb2 guys with the recapture of the visas from past years (at-least 60,000 visas). Let us do the math:
Current:
Total Visas = 140,000
EB3 = 140000 * .28 = 39200
EB2 = 140000 * .28 = 39200
With Cornyn Bill:
Total Visas = 190,000
EB3 = 190000 * .35 = 66,500
EB2 = 190000 * .20 = 38,000
Total Recapture = 60,000
EB3 = 60000 * .35 = 21,000
EB2 = 60000 * .20 = 12,000
Total EB3 = 66,500 + 21,000 = 87,500
Total EB2 = 38,000 + 12,000 = 50,000
Total EB3 visas gain with bill = 87,500 - 39,200 = 48,300
Total EB2 visas gain with bill = 50,000 - 39,200 = 10,800
This bill helps EB3 guys tremendously. All EB3 folks has to lobby for this bill. It do not adversly impact EB2 as you claim.
This seems good but it is not. Let me take your calculations further. 10 percent each country limit.
So Total EB3 for one country 8750
Total EB2 per country 5000
Total EB1 per country 5000
Total visas Issed per country: 18750
From post on doing math, I am pasting
Employment based visas issued for India
2004 ~38K out of 155K
2003 ~21K out of 182K
2002 ~42K out of 175K
2001 ~39K out of 179K
2000 ~15K out of 107K
1999 ~5.3K out of 56K
As you can see last few years indians were getting more than 18750. why is that so because unused visas from the same category were used to be distributed to oversubscribed countries in the same category. In new bills they are striking out that clause.
I do not think they are going to give Unused EB1, EB2 to EB3 from india, china (or any other oversubscibed country in EB3). They will go to other workers. So Actually number of visas are going to go down. This bill is a very good news for EB3 World and other workers. It is bad news for EB1,2, India and China. It will improve EB3 India and China insignificantly as the demand is so high in EB3 increase would not matter much. I would love to be wrong.
Following is the current law which is proposed to be eliminated.
5) 2/ 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.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).