PACE S2198 - Status

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lateguy

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Friends:
Here is the new Bill that I came across yesterday and today I saw in www.Immigration-law.com in detail.

http://thomas.loc.gov/cgi-bin/query/D?c109:28:./temp/~c109SP4jnJ::

1. There are 53+ co-sponsors to this bill and it just talks about Immigration for advanced degree holders. This bill may not be a solution for all of us.. but may release lot of visa numbers from the regular EB category if it passed thuse giving some way for us
2. This bill do not talk about illegal reform so there is a good chance to get passed
3. Too many co-sponsors with lot of good initiatives for the country.. again who would say no to that
4. This bill includes, Doctoral candidates.. but i am not sure EB2 category will also be included in here..

I think we all should watch this bill little closely.
 
Definition of advanced degree?

NOT SUBJECT TO NUMERICAL LIMITATIONS ON EMPLOYMENT-BASED IMMIGRANTS:
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).


Will a Masters from a US institute be considered as advanced degree or does this mean only PhD = advanced degree? Can someone please clarify?
 
legislative timeline?

Does anybody know when it is up for discussion in the HELP committee? Note that HELP subcommittee webpage says that the education subcommittee will have a hearing on Feb 28th but I think the immigration related sections(313 and 314) will actually be dicussed by the Labor subcommittee.

And yes, it will have a significant impact on the backlog for a number of reasons:

1. No labor certification for PhDs anymore. It is not clear to me but looks like they will not have numerical limitations either.

2. No numerical limitations for EB2 applicants and their relatives. Looking at the speed with which advanced degree cap for FY2006 was reached within about 4 months, one can easily see that there are at least 20,000 EB2 applicants per year(assuming the same thing would have happened in prior years and all H1 holders eventually apply for a green card). Including their dependents, this would translate to about 40,000 - 50,000 visa numbers every year. With this act, all of the freed numbers will go to EB3+.

Looking at the enthusiasm with which the president's remarks about the competitiveness initiative was received across party lines, this act is very likely to pass soon from the senate. But then, senators usually have a better vision compared to representitives and you never know what will happen when it reaches the house.
 
WHo are the

"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). "

Can someone translate this ?
 
#2 is not true. Many people who can quality the advanced degree H1B can not quality EB2 because of their job titles, pay, company preference and laywer, etc. Or simply because your employer wants you to sit tight and wait. :)

greener_pasture said:
Does anybody know when it is up for discussion in the HELP committee? Note that HELP subcommittee webpage says that the education subcommittee will have a hearing on Feb 28th but I think the immigration related sections(313 and 314) will actually be dicussed by the Labor subcommittee.

And yes, it will have a significant impact on the backlog for a number of reasons:

1. No labor certification for PhDs anymore. It is not clear to me but looks like they will not have numerical limitations either.

2. No numerical limitations for EB2 applicants and their relatives. Looking at the speed with which advanced degree cap for FY2006 was reached within about 4 months, one can easily see that there are at least 20,000 EB2 applicants per year(assuming the same thing would have happened in prior years and all H1 holders eventually apply for a green card). Including their dependents, this would translate to about 40,000 - 50,000 visa numbers every year. With this act, all of the freed numbers will go to EB3+.

Looking at the enthusiasm with which the president's remarks about the competitiveness initiative was received across party lines, this act is very likely to pass soon from the senate. But then, senators usually have a better vision compared to representitives and you never know what will happen when it reaches the house.
Click to expand...
 
I am no legal expert but glancing at the immigration and nationality act text,
section 203(b)(1)(A) pertains to aliens with extraordinary ability and section 203(b)(2)(B) pertains to national interest waiver, neither of which, I think, has a large applicability among the members of this forum.
 
Paging Dr. Nash

I stated it simplistically but the actual situation is much more complex and game theory a la Nash's sports bar incident in A Beautiful Mind applies here.

If you have an advanced degree, you are underpaid and working for a company that hopes to keep you on the basis of your immigration status, you are in the wrong place. Remember, the very basis for the PACE Act is that there is a high demand for these workers. So an employer will be cautious before rejecting an employees request to file under EB2.

Yet, soon after graduating with an advanced degree, it doesn't make sense to ask for EB2 since you will have to be working for 3 years in order to use this provision from PACE Act. So you may settle for EB3 and hope that you will be done with the whole process within 3 years.

All of this, of course, assumes that the two players are completely aware of the choices and competent in analyzing the pros and cons. Many a times, in real life, lack of awareness of ability or of opportunities is what causes the game to be one sided. You know whose side that is.



atlfp said:
#2 is not true. Many people who can quality the advanced degree H1B can not quality EB2 because of their job titles, pay, company preference and laywer, etc. Or simply because your employer wants you to sit tight and wait. :)
Click to expand...
 
I hear what you are saying...I was just saying that I expect the total number of people who will benefit from PACE will be far less than the total number of people who qualifies for the H1B advanced degree exampt cap. Adding the 3 year factor you just mentioned, I do not see how PACE act will give members in the forum significant relief in recent future.

greener_pasture said:
I stated it simplistically but the actual situation is much more complex and game theory a la Nash's sports bar incident in A Beautiful Mind applies here.

If you have an advanced degree, you are underpaid and working for a company that hopes to keep you on the basis of your immigration status, you are in the wrong place. Remember, the very basis for the PACE Act is that there is a high demand for these workers. So an employer will be cautious before rejecting an employees request to file under EB2.

Yet, soon after graduating with an advanced degree, it doesn't make sense to ask for EB2 since you will have to be working for 3 years in order to use this provision from PACE Act. So you may settle for EB3 and hope that you will be done with the whole process within 3 years.

All of this, of course, assumes that the two players are completely aware of the choices and competent in analyzing the pros and cons. Many a times, in real life, lack of awareness of ability or of opportunities is what causes the game to be one sided. You know whose side that is.
Click to expand...
 
I used the H1B cap number as a hint to the number of people with US master's degree in prior years(especially 2-3 years ago). That's an assumption. If it's valid, the number of people who will benefit from PACE Act and thus provide relief to EB3 folks is quite significant.

Anyways, regardless of its impact on EB3, this is an important bill and goes along with other similar recent bills to show that legislators do perceive retaining foreign talent as important. Consolidated Appropriations Act of 2005 (because of which there is a separate H1 quota for advanced degree holders) lends itself as a precedent to prioritizing US degree holders for immigration purposes.

Compared to legislations that include employment based immigration reliefs in comprehensive immigration reforms, this bill has much less opposition from anti-immigrant groups and lobbies, which makes it all the more likely to succeed.

I am sure there are a lot others like me who will also directly benefit from this if it goes through.


atlfp said:
I hear what you are saying...I was just saying that I expect the total number of people who will benefit from PACE will be far less than the total number of people who qualifies for the H1B advanced degree exampt cap. Adding the 3 year factor you just mentioned, I do not see how PACE act will give members in the forum significant relief in recent future.
Click to expand...
 
I am confused on the doctoral requirement. I understand GC -EB2 catagory applications qualify for BS+5Year experience.

Does it mean these applicatants also qualify for this bill??
 
PhD's can apply in any category, which is at the whim of the employer. Some lucky ones qualify for EB1, rest of them get into EB2, and unlucky fellows go to EB3.

Self petitioning can lead to NIW (EB2) category. In summation, most of them will use EB2 and even well qualified employees from Hi Tech cos. like Intel go thru LC route and I know quite a few of them.
 
So does it mean if this law gets passed, then regular EB2 guys may also qualify for this (not Phd's.. regular Bs + 5+ yr exp). Because if they do.. then all their quato will get moved to EB3 queues. Will work out better at the end for everyone.
 
EB2 is not enough. You need an advanced degree from US

The bill as it stands clearly mentions that the numerical limitations should not be applied to "US advanced degree holders in Science, Math, Engineering and Technology". So, not all EB2 applicants will qualify. Nevertheless, in my opinion, there will be significant relief for everyone in the end.

lateguy said:
So does it mean if this law gets passed, then regular EB2 guys may also qualify for this (not Phd's.. regular Bs + 5+ yr exp). Because if they do.. then all their quato will get moved to EB3 queues. Will work out better at the end for everyone.
Click to expand...
 
Good Progress on this..

Actually,

PACE really offers some hope.

I checked with some of my colleagies, at Stanford and my batchmates in UC Berkeley, they have asked folks to submit the Intl papers, patents and also fellowships obtained for advanced sciences as evidence of work for the PACE program. Admin dept is confident this may come through.

Technically, we could have applied in EB1, but for some reason, Ph.Ds were strongly discouraged to do this, since NIW is difficult to justify. Infact my collegaue has a fellowship from National Science foundation and also grants, he got a rfe for EB1, saying he had less experience :). Even though my colleage and myself have published quite a few papers in ACM and in IEEE.

I am not so worried about us, as I personally would have been happy to get it, I am looking for a sabatical in IIT in India. My heart pains for those thousands who have legitamately applied for LC and waiting in line for PD for filing 485 (I am not so supportive of LC Subst, I feel these folks have been responsible for the mess along with the 245 (i) applicats who have made the system rot beyond repair).

Recently, as ,many may not be aware., Intel, Monsanto and a few bio tech companies sent letters to Senators strongly along with Stanford, MIT, Harvard, and UC berkley prof's and students strongly backing - Intellect Captial because of H1s who have come here to contribute significantly. I had written letters of Recommendation to some of my former students, I got response from the Govt representative from all the folks I wrote to, they were very positive letters from the Govt represenative where they geniunely expressed their sympathy and have vowed to work for helping EB retros.
 
Immediate Relative

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

Does it means any immediate relative waiting in EB3 can file if primary has applied?

Thanks
 
I am still not clear about advance degree, does it mean Master degree from US or Master from anywhere. Also I know bill is not passed yet and no further infomation available but can anyone guess about my case. I completed my MS from IL in 2000 and worked till 2003 on H-1(for 3 years) and got laid off in 2003 and moved to canada. Got a job again on H-1 in Jul 2005 and now working on H-1. Do I qualify for this bill ( working 3 year preceeding to apply). Thanks for any comments.
 
eligability under PACE

Does a U.S. Master of Science in MIS graduate with EB-3 labor certification qualify for this PACE program as well if it passes?
Kinda confused here :confused:
 
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