McCain-Kennedy / Cornyn-kyl bill - This Fall

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rajguy20022002

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Two Bush administration officials (DOL & DHS secretaries) scheduled to testify on July 26th at a Senate Judiciary Committee hearing on two immigration reform bills failed to appear. It seems DOL and DHS are still not ready with their input
Meanwhile senate is expected to move ahead and are confident that they are going to pass an immigration reform bill this year.

Remember that both of the bills not only care for illegal immigrants, but does a lot of good for Employed based immigrants toooo (Kennedy-McCain bill increases employment category visas to a whopping 2,90,000).

Any views.....
 
Well we are aware of the Mc Cain Kennedy bill that will improve the EB situation but what we want to know is when does this come up for hearing if it does and secondly there are other posts here claiming that this bill is unlikely to be passed. Right now there seems nothing positive coming our way.

This bill is said to provide interim benefits of EAD/AP and that I believe would be a big help for now before the 485s get filed and approved.I am hoping atleast this will materialize.
 
McCain-Kennedy: Not Much Help for EB1 and EB2

As others have said on the Doing the Math thread, McCain-Kennedy isn't going to do much of anything for retrogression issues. The total limit for EBs might go up to 290,000, but the share of EB-1 and EB-2 will go down to 20% from 28.6%. The per-country limit will go from 7% to 10%.

If you have been paying attention to the Doing the Math thread, it should be clear that only a removal of the per-country limits on EB visas will solve our problem. McCain-Kennedy is pretty useless in terms of eliminating the backlog.

Fortunately, both Compete-America and American Council for International Personnel (both large lobby groups, see Lobbying/Identifying the Last Successful Coalition thread) are aware of this and claim (in emails to me) to be campaigning specifically to solve EB retrogression problems.

rajguy20022002 said:
Two Bush administration officials (DOL & DHS secretaries) scheduled to testify on July 26th at a Senate Judiciary Committee hearing on two immigration reform bills failed to appear. It seems DOL and DHS are still not ready with their input
Meanwhile senate is expected to move ahead and are confident that they are going to pass an immigration reform bill this year.

Remember that both of the bills not only care for illegal immigrants, but does a lot of good for Employed based immigrants toooo (Kennedy-McCain bill increases employment category visas to a whopping 2,90,000).

Any views.....
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Berkeleybee , but doesnt the Mc Cain- Kennedy bill propose EAD/AP at the I-140 stage though the PD is not current and I believe in the present circumstances something is better than nothing for the EB hopefuls. These benefits mean people can switch jobs if required and also the dependents can pursue opportunities without requiring sponsorship.




berkeleybee said:
As others have said on the Doing the Math thread, McCain-Kennedy isn't going to do much of anything for retrogression issues. The total limit for EBs might go up to 290,000, but the share of EB-1 and EB-2 will go down to 20% from 28.6%. The per-country limit will go from 7% to 10%.

If you have been paying attention to the Doing the Math thread, it should be clear that only a removal of the per-country limits on EB visas will solve our problem. McCain-Kennedy is pretty useless in terms of eliminating the backlog.

Fortunately, both Compete-America and American Council for International Personnel (both large lobby groups, see Lobbying/Identifying the Last Successful Coalition thread) are aware of this and claim (in emails to me) to be campaigning specifically to solve EB retrogression problems.
Click to expand...
 
McCain bill is much better than Cornyn bill. Later if passed is a deathblow to EB1 and EB2 ( india and China) and would help EB3 slightly. I compared the two bills and here are the main similarities and difference. I am not attorney and this is how I saw it.


MCCCAIN Increased limit to 290K. Says nothing on DV lottery
CORNYN Keep limit same 140K. Eliminate DV lottery and reallocate 50k to someone( don`t know whom)

MCCAIN: Decrease EB1 and EB2 to 20 percent. Increase EB3 to 35 percent. Keep others in EB3 out of EB3
Cornyn: Decrease EB1 and EB2 to 10 percent and Increase EB3 to 35 percent. Keep other in EB3 out of EB3.


McCain: Eliminate one clause that says unused visa
In EB1 and EB2 can go to oversubscribed
Countries in the same group. Not sure if that
Means it will go to undersubscribed countries
In EB3 but mostly likely would not go to EB3
India and China.
Cornyn: Same


MCCAIN: Increase per country limit to 10 percent
Cornyn : Same


Cornyn bill give me a feeling they do not want Indians and Chinese. Higher their salary, lesser they want them. I do not know they are scared of them or what. 10 percent of 10 percent in EB1,2 for each country. that means one percent of all immigration will be reserved for Indian in each EB1 and EB2 which means 1400 visa each. with other provisions mentioned above even unused EB2 will go to EB3 in rest of the world.

Demand for EB2 is (in my calculation which can be way off the mark) 70K at present. Better to have a child and let him sponsor you in this country than to wait for your employment green card.
 
Disagree

Not sure if what you say is 100% correct. Just the bump up to 290K will have a huge effect. Keep in mind this bill also makes avlbl unused EB visas from 2001 to 2004 (around 80K after the nurses thing?) and continues to let overflow yet to year.

Even if I were to believe this story about AC21 having only 8K remaining now, that makes 290K + 80K + 8K + 8K (consensus figure for family FY2005) = 386K visas.

Just in the first year, that will take a huge bite out of the backlog (even for oversubscribed countries) if not eliminate it.

I know you've been campaigning for removing per-country... that's truly commendable... but just thought I'd make this point.

berkeleybee said:
....If you have been paying attention to the Doing the Math thread, it should be clear that only a removal of the per-country limits on EB visas will solve our problem. McCain-Kennedy is pretty useless in terms of eliminating the backlog....
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McCain and the Numbers

How many additional EB-2 visa (for example) will become available to Indians as a result of McCain-Kennedy per month? How many EB-2 Indian visas are jammed up in the backlog? Compare the two and you'll see that it doesn't do much to help.

BTW, I use India and EB-2 as an example.

infostarved said:
Not sure if what you say is 100% correct. Just the bump up to 290K will have a huge effect. Keep in mind this bill also makes avlbl unused EB visas from 2001 to 2004 (around 80K after the nurses thing?) and continues to let overflow yet to year.

Even if I were to believe this story about AC21 having only 8K remaining now, that makes 290K + 80K + 8K + 8K (consensus figure for family FY2005) = 386K visas.

Just in the first year, that will take a huge bite out of the backlog (even for oversubscribed countries) if not eliminate it.

I know you've been campaigning for removing per-country... that's truly commendable... but just thought I'd make this point.
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Even though McCain is not ideal for EB2 that is best that there is there. Biggest impact on EB2 comes from elimination of rule which allows Unused EB2 to go to EB2 (oversubscribed countries). If that does not happen, unused EB2 and EB1 will first be offered to EB3 rest of the world. Both of these laws should bring EB3 rest of the world to current very fast probably within one year. whatever remains after that would be divided to India/China EB1,2 and 3 (my guess). Basically these bills are going to help EB3 rest of the world. however, India and China would benefit too.

what happens if they decided to give unused EB3 rest of the world to Other skill workers first. That will mean, A business executive from china (Likely EB1), will have to give way to construction worker from a smaller country who has joined queue long after him.

berkeleybee said:
How many additional EB-2 visa (for example) will become available to Indians as a result of McCain-Kennedy per month? How many EB-2 Indian visas are jammed up in the backlog? Compare the two and you'll see that it doesn't do much to help.

BTW, I use India and EB-2 as an example.
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You are not wrong. But McCain-Kennedy have designs of changing that i.e they wanna give it to EB3,EB4-all-world before giving it to EB2.

LCSilence said:
It is the law right now that unused EB2 go to oversubscribed countries' EB2. Am I wrong?
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Nashdel, my info about Cornyn-Kyl bill is different.

Cornyn-Kyl bill also increases the total quota but a modest 190000. And decrease EB1 and 2 to 20% not 10%. Please verify the source. Otherwise the bill is a deathblow to Eb1 and 2.


Current System Cornyn-Kyl bill McCain-Kennedy bill Remarks
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 10,000Current EB-3 EW Other Workers** Included in EB-31* -** -** **Current EB 3 EW is reclassified into the new EB-5 preference
Current EB-4 (Special Immigrants)*** 7.1% -*** -*** ***Current EB-4 category removed.
Current EB-5(Investor)**** 7.1% -**** -**** ****Reclassified into the new EB-4 preference
New EB-4(Investor) - 4.0% 5.0% Formerly EB-5
New EB-5(Other Workers) - Upto 36.0%(21.0%) Upto 30.0%(20.0%) 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.
100.0% 100.0% 100.0%
 
This bill definitely cannot be passed. It is going to be nightmare. USA is going to reward lower educated over highly educated??!!!

Any idea how likely this stinky Cornyn-kyl bill will be passed or not?
 
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LCSilence said:
This bill definitely cannot be passed. It is going to be nightmare. USA is going to reward lower educated over highly educated??!!!
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Hey, one solution is to go back home or do part time nursing training here and then apply for nurse visa. (no offence to nursing profession, just trying to laugh at policy).

In my mind Problem is not what profession or what education. If US needs more skilled worker, thats what they should do but country quota in a job based immigration is not right.
 
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This is proposed McCain bill which is pertinent to us. Does anyone understand meaning of 5 (other workers). They are supposed to get 30 percent of visa plus leftover from first four category. what does that means.


b) Preference Allocation for Employment-based Immigrants- Section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is amended--

(1) in paragraph (1), by striking `28.6 percent' and inserting `20 percent';

(2) in paragraph (2)(A), by striking `28.6 percent' and inserting `20 percent';

(3) in paragraph (3)(A)--

(A) by striking `28.6 percent' and inserting `35 percent'; and

(B) by striking clause (iii);

(4) by striking paragraph (4);

(5) by redesignating paragraph (5) as paragraph (4);

(6) in paragraph (4)(A), as redesignated, by striking `7.1 percent' and inserting `5 percent';

(7) by inserting after paragraph (4), as redesignated, the following:

`(5) OTHER WORKERS- Visas shall be made available, in a number not to exceed 30 percent of such worldwide level, plus any visa numbers not required for the classes specified in paragraphs (1) through (4), to qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor that is not of a temporary or seasonal nature, for which qualified workers are determined to be unavailable in the United States, or to nonimmigrants under section 101(a)(15)(H)(v)(a).'; and

(8) by striking paragraph (6).
 
Support McCain-Kennedy Bill, defeat Cornyn-Kyl Bill!

I wonder what we can do to stop Cornyn-Kyl Bill. We are better off without this bill.
 
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.






LCSilence said:
I wonder what we can do to stop Cornyn-Kyl Bill. We are better off without this bill.
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Comments from www.visalaw.com

You made the same mistake I did:

Read the original bill, it doesn't increase the overall EB quota, but decrease EB2 and 1 to 10% not 20%.

Earlier this summer we issued a special newsletter that provided a detailed section-by-section summary of the McCain Kennedy comprehensive immigration reform bill. Today we provide a similar special issue with a complete section-by-section summary of the other major immigration reform proposal in the Senate – the just introduced Cornyn-Kyl bill known as the Comprehensive Enforcement and Immigration Reform Act of 2005 (“CEIRA”).

There are also immigration reform proposals in the House. A pro-immigration plan has been introduced by Congresswoman Sheila Jackson-Lee (D-TX) and a restrictionist proposal has been introduced by Congressman Tom Tancredo (R-CO). We expect immigration reform legislation to move in the Senate before the House and the bill that passes in the Senate is likely to largely shape what will happen in the House. So we are focusing our attention for now on the Senate.

The Cornyn-Kyl bill is certainly more restrictive than McCain-Kennedy and many pro-immigration groups will likely oppose its passage in its current form. The bill’s guest worker program (the W and DMD programs) have a number of restrictions and are tied to the notion that most of the people in the without status now will likely have to leave. Such workers are theoretically eligible for green card sponsorship by employers under the normal labor certification rules, but the bill largely punts on making the necessary increase in green card quotas to make such sponsorship possible. The proposal simply calls for a task force to eventually issue recommendations on increasing employment-based green card numbers. The same is true for increasing family-based green card numbers.

Like McCain-Kennedy, the bill adds a number of new provisions – and, importantly, authorized funds – to tighten border security. And it has new provision tightens up employment verification rules for employers. It also gives state and local governments a larger role in assisting in enforcing immigration laws and offers increased reimbursement for state and local agencies forced to spend money handling criminal aliens.

The end result, however, could be a melding of the two bills into a compromise piece of legislation. Senators McCain and Specter have already suggested just that and the President has been careful not to endorse either bill. The role of congressional leaders and the White House will be, of course, crucial to reaching a compromise. And pro-immigration and restrictionist organizations will need to decide if they want to take an all-or-nothing approach versus negotiating.
 
Timeline

LCSilence said:
I wonder what we can do to stop Cornyn-Kyl Bill. We are better off without this bill.
Click to expand...

I apologize if this has been answered before. How soon are these bills going to the ballot?
 
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