Merit-based immigration - Draft Compromise Bill

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Dallas03096

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MERIT-BASED IMMIGRANTS-


This thread is to start discussions on the following sections of Draft Compromise Bill:
*Worldwide Level of Merit-Based, Special, and Employment Creation Immigrants-

*(1) IN GENERAL- The worldwide level of merit-based, special, and employment creation immigrants under this subsection for a fiscal year.

.(A) for the first five fiscal years shall be equal to the number of immigrant visas made available to aliens seeking immigrant visas under section 203(b) of this Act for fiscal year 2005, plus any immigrant visa not required for the class specified in (c), of which: (i) at least 10,000 will be for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y); and (ii) 90,000 will be for aliens who were the beneficiaries of an application that was pending or approved at the time of the effective date of this section, per Section 502(d) of the [Insert title of Act].

SEC. 508. INCREASING PER-COUNTRY LIMITS FOR FAMILY-BASED AND EMPLOYMENT-BASED IMMIGRANTS



(a) Section 202(a) of the Immigration and Nationality Act (8 U.S.C. 1152(a) is amended by amending paragraph (2) to read as follows:

.(2) Per country levels for family-sponsored and merit-based immigrants. . Subject to paragraphs (3), (4), (5), (6), and (7), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 203 in any fiscal year may not exceed 10 percent (in the case of a single foreign state) or 3 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year;
I have deduced the following:
Number of visas available for merit-based immigration every year for the first 5 years: 242335 (from USCIS statistics for FY2005) - Does this mean an increase from the current 140000?
Per country quota increase from the current 7% to 10%

But what is not clear is what happens to the people who have already filed employment based I-485.
Does the above mean they expect USCIS to clear the employment based backlog in 5 years with the increased annual quota and country limits?
 
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I think it is horrible proposal for Employment based Immigration. Great injustice to all of us.

1. Only increase of 90K visa, which is nothing compared to huge backlog (backlog became worse due to 245(i) cases. No exemption to derivative family members, higher degree etc. Nothing addressed to EB GC backlog.
2. Per country quota increase to 10% for EB and FB but no per-country quota for Z category (illegals).
3. AC21 will be canceled, which is big blow to us
4. After some years Z category will be merged to Employment based category and form Merit based. All high skilled immigrants will be competing with low skill illegals. look at point system !! Agriculture worker under Z category will get much more points than PhD scientist. This proposal will be digging grave of US competitiveness.

Bottom line : This bill is not acceptable at all. We all along with businesses strongly oppose this bill
 
Family reunification will be a prime principle in any immigration bill that comes out of the House, Pelosi promised.

"A point system for unification undermines our family values that we espouse in our country," the San Francisco congresswoman said. "I don't know why we have to compromise on reunification of families, I really don't.''
Click to expand...
Only people bad at mathematics can't see the need to eliminate the categories for siblings and adult children. If you don't want to compromise on family reunification, you'll have to let in everybody's entire extended family... that's probably half of the whole world.
 
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For EB backlog

khodalmd said:
1. Only increase of 90K visa, which is nothing compared to huge backlog (backlog became worse due to 245(i) cases. No exemption to derivative family members, higher degree etc. Nothing addressed to EB GC backlog.
Click to expand...
Don't you think 90K/year x 5 years = 450K is sufficient to address the EB backlog?
 
AC21 Clarification

khodalmd said:
I think it is horrible proposal for Employment based Immigration. Great injustice to all of us.

1. Only increase of 90K visa, which is nothing compared to huge backlog (backlog became worse due to 245(i) cases. No exemption to derivative family members, higher degree etc. Nothing addressed to EB GC backlog.
2. Per country quota increase to 10% for EB and FB but no per-country quota for Z category (illegals).
3. AC21 will be canceled, which is big blow to us
4. After some years Z category will be merged to Employment based category and form Merit based. All high skilled immigrants will be competing with low skill illegals. look at point system !! Agriculture worker under Z category will get much more points than PhD scientist. This proposal will be digging grave of US competitiveness.

Bottom line : This bill is not acceptable at all. We all along with businesses strongly oppose this bill
Click to expand...

My interpritation of repealing AC21 provisions in CIR draft : They have repealed only 106(a) & 106(b)AND NOT 106(C) from current AC21 provisions. 106(a) & 106(b) are only applicable to H1B extensions. Since these extensions are coverd under different sections in proposed CIR draft , they have repealed from current AC21. HOWEVER NOTE THAT THE AC21 PROVISION THAT ALLOWS TO SWITCH EMPLOYER AFTER 180 DAYS OF FILING I-485 IS 106(C).THEY HAVE NOT REPEALED 106(C) SO CHANGING EMPLOYER SHOULD STILL BE POSSSIBLE.
 
Guyz with new or old law and EB2(India)-PD June 2005 can I have any expectation of getting GC by end of this year (optimistic), note my 485 is already filed in August 2005. Hoping all xyz process are done.
 
goan2006 said:
My interpritation of repealing AC21 provisions in CIR draft : They have repealed only 106(a) & 106(b)AND NOT 106(C) from current AC21 provisions. 106(a) & 106(b) are only applicable to H1B extensions. Since these extensions are coverd under different sections in proposed CIR draft , they have repealed from current AC21. HOWEVER NOTE THAT THE AC21 PROVISION THAT ALLOWS TO SWITCH EMPLOYER AFTER 180 DAYS OF FILING I-485 IS 106(C).THEY HAVE NOT REPEALED 106(C) SO CHANGING EMPLOYER SHOULD STILL BE POSSSIBLE.
Click to expand...

This bill does not make sence because it does not give importance for the people who has more points.
 
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