Source: http://www.immigration-law.com/
06/24/2007: Removal of AC 21 Change of Employment 180 Days After Filing of I-485 Applications Under CIR, EB Visa Backlogs, and Survivability of EB 485 Filers
The July 2007 Visa Bulletin will open a window that will allow the EB immigrants that have suffered from a long visa number backlog to better survive even if visa number retrogresses again after filing of I-485 applications thanks to Section 106 of AC 21 Act that permits the EB-485 filers to change employment in a similar or same occupational classification after 180 days of EB-485 filing without affecting the pending I-485 application. Accordingly, once they reach 180 days after filing of EB-485 applications, their lives will change to a situation almost similar to a permanent resident in that they can move any where and they can travel and work any where inasmuch as they take up a similar or job occupation in the United States. There is no limit to the number of changes in the employment after 180 days of filing of EB-485 applications and pending the 485 applications. This is a critical provision that enhances survivability of EB-485 applicants during the long and delayed journey of EB-485 applicants as affected by the ever-delayed security checks and ongoing and upcoming drastic reengineering of the USCIS immigration processing and adjudication system.
The S. 1639 CIR which the Senate will take up next Tuesday and attmpt to pass next week has a deadly provision which has gone unnoticed in the EB immigrant community. It is repeal of this provision under Section 419 of the S. 1639 bill and elimination of the opportunity to change employment for the EB-485 filers during and until EB-485 applications are decided regardless of the amount of delays they may have to endure after filing of EB-485 applications. Once this law is repealed and the EB-485 applicants lose the employment, no matter how long they have been waiting in the past and how long they will have to wait in the future, their journey to the immigration will practically end. Such long waiters will suffer extreme hardship in that because of their years of absence from their home countries, uproot of their ties in their home countries, their survivability in their home countries will be dubious if they are forced to return to their home countries. The AC-21 180-day change of employment law was intended to protect such EB-485 applicants of long 485 delays from such incredible hardship. Now, the CIR bill in the Senate is about to kill this protection which is so critical and vital for the survivability of the EB-485 applicants until the 485 journey is completed. The repeal of this law is particularly harsh because the CIR fails to increase the EB immigrant visa numbers to remove the current EB visa number backlogs in the near future. Considering the fact that once the EB visa number retrogrogresses again after the temporary relief in July and/or August 2007, there will indeed be a long wait for these 485 applicants because of the two factors, among others: One is the anticipated steep visa number retrogression. The other is the anticipated continuous backlogs in EB-485 processing and adjudications down the road due to the ongoing reengineering of the immigration processing system and ever increasing security clearance process. Additionally, the country's economy may gradually experience a slow-down affecting the labor markets for these foreign workers.
There is another problem involving the repeal of AC 21 180 day rule. It is the swift of power from the foreign professional workers to the employers and the foreign professional workers will remain under the uncontrolled whim of abusive EB immigration sponsoring employers attempting to take advantage of the flaws in the immigration system, to wit, their power to terminate the foreign worker employees' immigration journey by the threat or termination of employment during the long protracted process of EB-485 applications. Currently, AC 21 Act 180-day rule somewhat protects the foreign professionals from such abuse. EB-immigrant community should fight out the repeal of Section 106 of AC 21 Act under Section 419 of the S. 1639 CIR. Passage of the repeal of AC 21 Section 106 will literally drive the EB foreign professional workers into a hell and their lives being left abused and hanging in a thread. The July 485 filers should remember that July Visa Bulletin is just the step one to allow enter the door of opportunity and not the end of the painful journey.
06/24/2007: Removal of AC 21 Change of Employment 180 Days After Filing of I-485 Applications Under CIR, EB Visa Backlogs, and Survivability of EB 485 Filers
The July 2007 Visa Bulletin will open a window that will allow the EB immigrants that have suffered from a long visa number backlog to better survive even if visa number retrogresses again after filing of I-485 applications thanks to Section 106 of AC 21 Act that permits the EB-485 filers to change employment in a similar or same occupational classification after 180 days of EB-485 filing without affecting the pending I-485 application. Accordingly, once they reach 180 days after filing of EB-485 applications, their lives will change to a situation almost similar to a permanent resident in that they can move any where and they can travel and work any where inasmuch as they take up a similar or job occupation in the United States. There is no limit to the number of changes in the employment after 180 days of filing of EB-485 applications and pending the 485 applications. This is a critical provision that enhances survivability of EB-485 applicants during the long and delayed journey of EB-485 applicants as affected by the ever-delayed security checks and ongoing and upcoming drastic reengineering of the USCIS immigration processing and adjudication system.
The S. 1639 CIR which the Senate will take up next Tuesday and attmpt to pass next week has a deadly provision which has gone unnoticed in the EB immigrant community. It is repeal of this provision under Section 419 of the S. 1639 bill and elimination of the opportunity to change employment for the EB-485 filers during and until EB-485 applications are decided regardless of the amount of delays they may have to endure after filing of EB-485 applications. Once this law is repealed and the EB-485 applicants lose the employment, no matter how long they have been waiting in the past and how long they will have to wait in the future, their journey to the immigration will practically end. Such long waiters will suffer extreme hardship in that because of their years of absence from their home countries, uproot of their ties in their home countries, their survivability in their home countries will be dubious if they are forced to return to their home countries. The AC-21 180-day change of employment law was intended to protect such EB-485 applicants of long 485 delays from such incredible hardship. Now, the CIR bill in the Senate is about to kill this protection which is so critical and vital for the survivability of the EB-485 applicants until the 485 journey is completed. The repeal of this law is particularly harsh because the CIR fails to increase the EB immigrant visa numbers to remove the current EB visa number backlogs in the near future. Considering the fact that once the EB visa number retrogrogresses again after the temporary relief in July and/or August 2007, there will indeed be a long wait for these 485 applicants because of the two factors, among others: One is the anticipated steep visa number retrogression. The other is the anticipated continuous backlogs in EB-485 processing and adjudications down the road due to the ongoing reengineering of the immigration processing system and ever increasing security clearance process. Additionally, the country's economy may gradually experience a slow-down affecting the labor markets for these foreign workers.
There is another problem involving the repeal of AC 21 180 day rule. It is the swift of power from the foreign professional workers to the employers and the foreign professional workers will remain under the uncontrolled whim of abusive EB immigration sponsoring employers attempting to take advantage of the flaws in the immigration system, to wit, their power to terminate the foreign worker employees' immigration journey by the threat or termination of employment during the long protracted process of EB-485 applications. Currently, AC 21 Act 180-day rule somewhat protects the foreign professionals from such abuse. EB-immigrant community should fight out the repeal of Section 106 of AC 21 Act under Section 419 of the S. 1639 CIR. Passage of the repeal of AC 21 Section 106 will literally drive the EB foreign professional workers into a hell and their lives being left abused and hanging in a thread. The July 485 filers should remember that July Visa Bulletin is just the step one to allow enter the door of opportunity and not the end of the painful journey.