New Bill very bad for India, China,Mexico and Philipines

A

akela

Registered Users (C)
This bill is very bad news for all oversubscribed countries (India, China, Philipines, Mexico). It strikes away the section (I will post the details later) that allows for a EB-1 or EB-2 or EB-3 visas to be used by the same category irrespective of country limit. So If ROW consumed only 13000 visas out of 43,000 in a year (say for EB-2), rest 30,000 can be consumed by India nad China, even though current limit is 2700 for each nation. That applies to EB-1 and EB-3 also. That is why almost 40,000 Indians could get GC in a year when the limit is only 10,700.

The current section is called,

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 anyone strikes down section 5 or 5 (A), This provision is gone.

The current bill has to say this

Section 502 SAYS THAT THEY WILL STRIKE PARAGRAPH 2.
iN ASSENCE WHAT IT MEANS IS INdians, will get no more than, 4300 EB-1 visa, 4300, eb-2 visas and eb-3 10,150. Not a visa more. The grand total is 18750 visas for Indians, when we are consuming almost more than double this number even under retrogression!!!. If this passes, guys in later year, kiss good bye to your GC dream. Though this is music for non- oversubscribed countries.

Comments anyone

rgds,
ak
 
A very racist bill

The one thing that jumps out at you is this. The provision that there should be a country limit and whether big or small every country should not contribute more than a certain % to US immigration population is itself a very racist construct. But then that is US perrogative, if they decided it to be like that, so be it. Someone along the line made the aamendmend that EB-1 or EB-2 or EB-3 would have a certain limit and no matter what, that limit would take precedence over country limit. So if there were 10,000 scinetist (EB-1) FROM A COUNTRY A and the limit that year for EB-1 was not reached, but of course the country limit had reached (remebr the limit is 2700), they would still grant GC to all scientist from country A. Now this is more a talent based system rather than place of origin based quota. The old system was a good match of both talent based quota and country based quota.

The new bill just does away with the talent base quota. So if a there were 10,000 scientist from a country and even if there were EB-1 visas available that surplus will go to lower category (and they will also not benefit because there is a 10% per country limit there as well), and the last scientist has to wait for another 3 years.

If you are in a higher category, kiss you luck good bye. This is really a laloo prasadis bill. Who would want to hurt US by depriving it of people of higher caliber (and hence higher category) and giving more quota to lower level skill sets.

Welcome to the new century of competetive america!!

rgds,
akela
 
akela & other immigrationvoice members

Ya. Specter removed the vey important quota elimination provision in EB. This is rediculas. Already DOS took a very racist step to screw Indians and Chinesse in EB2. As there is no demand in EB2, to have a cutoff dates by 2002. They are royally screwing Indians and Chinese in EB2, though we have the protection by AC21 law. If this provision has gone, Indian and Chinese folks has to suffer lot. There will be no relief for Indians and Chinese, they simply say only 10% quota, no matter what. Please, contact Specter immediatly for an amendment in his mark up.

The quota execmption for MS+3 years group also may not help. No one knows, this class requires Labor Certification. If they need LC, definitly DOL will not approve the LC as MS+3 year experience unduly restrictive requirement for most of the occupations.
 
We still have visa fallover, only not so clear

Paragraph (a)(5) of 8 USC 1152 is struck out completely. This says that EB immigrants of each category are not subject to country quotas when additional visas are available. For instance, if EB2 visas are available, EB2 alone will not be subject to country quota. There is now no distinction between EB and FB immigrants.

However, in general, paragraphs (a)(2) and (a)(3) do say that country quotas will not apply when additional visas are available. What can we conclude? If there is visa availability in EB1, does it now fall through to EB2?

(2) Per country levels for family-sponsored and employment-based immigrants
Subject to paragraphs (3), (4), and (5), 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 1153 of this title in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
 
Visa fallover to benefit EB5 from Mexico?

All, per my analysis below, we still have visa fallover. It looks like the removal of paragraph (a)(5) of 8 USC 1152 will cause all available EB visas to fall through to the unskilled EB5 category, benefiting unskilled workers from Mexico?


stucklabor said:
Paragraph (a)(5) of 8 USC 1152 is struck out completely. This says that EB immigrants of each category are not subject to country quotas when additional visas are available. For instance, if EB2 visas are available, EB2 alone will not be subject to country quota. There is now no distinction between EB and FB immigrants.

However, in general, paragraphs (a)(2) and (a)(3) do say that country quotas will not apply when additional visas are available. What can we conclude? If there is visa availability in EB1, does it now fall through to EB2?

(2) Per country levels for family-sponsored and employment-based immigrants
Subject to paragraphs (3), (4), and (5), 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 1153 of this title in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Click to expand...
 
akela said:
The one thing that jumps out at you is this. The provision that there should be a country limit and whether big or small every country should not contribute more than a certain % to US immigration population is itself a very racist construct.
Click to expand...
It is unfair to those who want to immigrate, but it makes sense from the self-interested perspective of the US. If one or two countries are the source of a dominant proportion of immigrants, then over time those one or two countries will come to have a more significant influence in US politics and trade. Look at the influence Mexico already has, for example.

Of course, you may say I am biased because I am not from one of the countries affected by the per-country limit for EB green cards. Maybe I am biased, as are those who are hit by the per-country limit. But I am not totally unaffected, as my country is one of those excluded from the diversity lottery because so many of my fellow countrymen have immigrated to the US. Years ago when the diversity lottery was introduced it definitely was disappointing to find out that my country was excluded from it.

If they were indeed trying to bring in the best and brightest, the per-country quota would make much less sense. In that case they should have a points system based on qualifications that gives priority to those with more points regardless of country, with per-country limits (if any) applied only at a high threshold (like 40%). But aside from the broad categories of EB-1, EB-2, etc. and "Schedule A" occupations, they aren't ranking people a detailed level. And since they aren't ranking people like that, one EB-3 from Romania is as good as an EB-3 from Mexico and as good as an EB-3 from Australia... except that the EB-3 person from Mexico has a higher potential to increase the foreign influence on US politics.
 
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