PACE Act

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kewl

Registered Users (C)
Protect America’s Competitive Edge Act (PACE)

http://www.compete.org/newsroom/readnews.asp?id=340

http://www.asertti.org/news/documents/PACE_Summary.pdf

S.2198 - A bill to ensure the United States successfully competes in the 21st century global economy.

SEC. 314. ALIENS NOT SUBJECT TO NUMERICAL LIMITATIONS ON EMPLOYMENT-BASED IMMIGRANTS.

(a) In General- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

`(F) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

`(G) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).

`(H) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).'.

(b) Applicability- The amendments made by subsection (a) shall apply to any visa application pending on the date of enactment of this Act and any visa application filed on or after such date of enactment.

Questions:
=> What is meaning of this - "... have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b)."
=> Should we follow this bill? Any hope or timeframe?
 
Good bill to follow

Good bill to follow

I think they basically want people who have worked 3 years in USA to be exempt from caps and be given GCs. Good amendment.

Regards
GCStrat :)
 
me thinks !!

kewl said:
Protect America’s Competitive Edge Act (PACE)

http://www.compete.org/newsroom/readnews.asp?id=340

http://www.asertti.org/news/documents/PACE_Summary.pdf

S.2198 - A bill to ensure the United States successfully competes in the 21st century global economy.

SEC. 314. ALIENS NOT SUBJECT TO NUMERICAL LIMITATIONS ON EMPLOYMENT-BASED IMMIGRANTS.

(a) In General- Section 201(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:

`(F) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

`(G) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).

`(H) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).'.

(b) Applicability- The amendments made by subsection (a) shall apply to any visa application pending on the date of enactment of this Act and any visa application filed on or after such date of enactment.

Questions:
=> What is meaning of this - "... have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b)."
=> Should we follow this bill? Any hope or timeframe?
Click to expand...


It seems ppl who have Master Degree (US/India not clear) and have been working for 3 years or more after applying for GC.
 
One of the most Important Bills.

1> Has a great number of supporters. Ranging with IEEE to CEO's of corporations.

2> Has least number of opponents.

3> Will help all employment based categories if the persons ( and their dependents *very IMP*) with advanced degree are removed from the present EB2/EB3 queue.
 
does this apply to only people who have done masters here in U.S?ADVANCED DEGREE implies what all?how about people with batchelors plus 5 yrs exp?
 
Agree

I agree with bear23.

This bill is intruduced by Sen Domenici, Pete V. [NM] and already have 53 co-sponsors. This bill is purely based on US competitiveness and does not include illegal immigrants - so easy to convince law-makers. Also it will help to all EB categories as huge number of people may be eligible for this benefit which will decrease green card backlog substantially.

If vounteers at immigrationvoice.com can draft a letter to support this bill, we could fax to senators/congressman asking their support.

bear23 said:
One of the most Important Bills.

1> Has a great number of supporters. Ranging with IEEE to CEO's of corporations.

2> Has least number of opponents.

3> Will help all employment based categories if the persons ( and their dependents *very IMP*) with advanced degree are removed from the present EB2/EB3 queue.
Click to expand...
 
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who are at advantage?poeple who have done masters in U.S?does it apply to batchelors plus 5 yrs?
 
Definitions of Advanced Degree: a degree beyond the associate or bachelor's degree. Most first professional, master's and doctor's degrees are considered advanced degrees.

This will mostly help EB1 and EB2, but not much for EB3. I mean how many people in EB3 get advanced degree?? Does this apply to someone with master but working in the area that requires minimum bachelor's degree?
 
Any projections of impact on EB3 folks

Seems like EB3 folks like us will be indirectly benefited. Is there any calculation on what the impact could be? Will it help immediately the EB3 folks who have pending labors from 2001 and 2002?
 
There are a lot of people filed in EB3 who hold masters degree, so it will definitely help EB3 too.

At one point of time there was no advantage in filing in EB2, except to invite more scrutiny about wages etc and more chances of getting a RFE. I know a lot of folks with Advanced degree who have filed in EB3.
 
Cerruti said:
Definitions of Advanced Degree: a degree beyond the associate or bachelor's degree. Most first professional, master's and doctor's degrees are considered advanced degrees.

This will mostly help EB1 and EB2, but not much for EB3. I mean how many people in EB3 get advanced degree?? Does this apply to someone with master but working in the area that requires minimum bachelor's degree?
Click to expand...
Cerruti,

Does your definition cover advanced degrees obtained in India too?
 
INS (USCIS) definition of 'Advanced Degree':

Advanced degree

means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

http://uscis.gov/lpbin/lpext.dll/in...lates&fn=document-frame.htm#slb-8cfrsec2045k2
 
if thats the case then most of them will satisfy this criteria.all in eb-2 and many in eb-3,obviously all eb-1 with exceptional abilities,then who's left?i dont think it works out .
 
pkpkpkpk said:
Cerruti,

Does your definition cover advanced degrees obtained in India too?
Click to expand...

It’s a general definition of advanced degrees, so I think it applies to all advanced degrees obtained from any accredited universities in any country as long as they’re recognized here in US as well. You can send your degree to US dept. of Education for verification. And you don’t need an advanced degree from US to be qualified. Look under SEC. 314. (F)
 
`(H) The immediate relatives of an alien who is admitted as an employment-based immigrant under section 203(b).'.

I think, this surely means all dependents of EB1/2/3. (Is 203(b) refers to all categories EB1/2/3?). So it would benefit EB3 as well one way or other way.
 
fimbria said:
if thats the case then most of them will satisfy this criteria.all in eb-2 and many in eb-3,obviously all eb-1 with exceptional abilities,then who's left?i dont think it works out .
Click to expand...

Here are the requirements : Advanced degree + 3 year work in related field prior to filing GC. This is just my understanding.

So in theory for example if i have an advanced degree which i got in 2000
and filed my GC in 2002, i do not meet the 3 year criteria.

On the other hand If : Bachelors + 5 years = Masters Equivalent, then logically that would mean Bachelors +8(5+3) years before you filed for GC will make you eligible.
 
bear23 said:
There are a lot of people filed in EB3 who hold masters degree, so it will definitely help EB3 too.

At one point of time there was no advantage in filing in EB2, except to invite more scrutiny about wages etc and more chances of getting a RFE. I know a lot of folks with Advanced degree who have filed in EB3.
Click to expand...


You are correct, During 2002-2003 when the job market was bad many employers applied in eb3 .My case comes under this catagory too,when i asked my lawyer he told the same what you have stated above.
 
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Its true in my case too. I have applied in EB-3 and holds Masters from US.
schalla said:
You are correct, During 2002-2003 when the job market was bad many employers applied in eb3 .My case comes under this catagory too,when i asked my lawyer he told the same what you have stated above.
Click to expand...
 
2 + 2 =4 , 2*2 as well

This is crystal clear Guys!
1. advance degree : Master (in US or Eqv.) or Bach (in US or not) + 5 yrs exp (in US or not)

2. 3 years prior to file GC.

So, to be qualify to file GC in February as a Master Degree Holder:You have to start your job in USA with H1 February, 2003. If you haven't have Master Degree, You have to have 5 years prior experience before but still you have to start your job before February, 2003.

I'm not sure programmer is counting as tech. or engineering job. please let me know if you have concern about it.

I also asked to my bloodhuuper. I'll let you know when I get the answer.

thanks
zbd
 
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