Senate Approves Immigration Relief Language

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10/24/2005


The Senate Judiciary Committee approved a budget reconciliation package last week that would raise millions of dollars for the U.S. Treasury and simultaneously address the shortage of certain immigrant (permanent) and nonimmigrant (temporary) employment-based visas. The Committee approved the proposal by a vote of 14-2.

The approved language includes the original proposal that Chairman Arlen Specter (R-Pa.) offered two weeks ago, along with an oral amendment offered by Senator Dianne Feinstein (D-Ca.). (See http://feinstein.senate.gov/05releases/r-h1b-amndt.htm for a statement from Sen. Feinstein on her amendment.) If enacted in its present form, the new legislation would:


Impose a minimum fee for nonimmigrant L-1 visas of $750 that would have to be paid by the employer. This fee would be in addition to the $185 filing fee and $500 anti-fraud fee, bringing the total cost for an L-1 visa to $1,435 (though it is unclear whether the $750 would be imposed only on initial L-1 petitions, or on extensions as well).
Make available for at least five years an additional 30,000 H-1B visas per year from a pool of previously unused visas going back to 1991 -- upon payment of an additional $500 fee -- once the annual H-1B cap is reached. (Senator Feinstein's amendment cut in half an earlier proposal that would have allocated 60,000 additional H-1B visas per year.)
Recapture and reissue unused employment-based immigrant visas ("green cards"), and increase the current quotas for the first, second and third employment-based immigrant visa categories by exempting spouses and children from the annual numerical limit. There would be an additional $500 fee imposed on all immigrant visa petitions. Unlike the new H-1B fee (which would attach to the extra visas only), the fee on immigrant visas would be permanent and would apply to all petitions, regardless of whether the visa comes from the recaptured pool or not.

Allow foreign nationals to file for adjustment of status in conjunction with an employment-based I-140 visa petition (either concurrently or following approval of the I-140 petition), even if there is no immigrant visa immediately available, so long as the petitioner/employer pays the $500 fee with the I-140. This would alleviate some of the hardship associated with the recent visa retrogression that left many I-140 beneficiaries without remedy. The benefits of being permitted to file an adjustment application immediately include the availability of work authorization and advance parole for foreign travel.

This proposal is still in the very early stages of the legislative process. With the Committee's favorable vote, the proposal will go to the Senate Budget Committee and become part of an overall Senate budget reconciliation bill. Assuming approval by the full Senate, the Senate and House will meet in conference to iron out the differences between their respective bills. The last step is for the House and Senate to vote on the final product that comes out of conference.

We will issue further updates on this issue as this measure makes its way through the House and Senate. The final bill text has not yet been released to the public, and the ultimate results of this initiative may be different from what has currently been proposed.
 
The good news is we can file 485....and get EAD and AP.

It looks like the Senate will approve this bill....see the revenues it generates.

How long will this take?

What is the catch here? As there is always a catch somewhere
 
It is great that the bill has passed. However, the most important is: WHEN will we be able to apply for the I-485, EAD and AP etc?

Generally things slow down in December because of holidays and it takes a couple of months for every one to rejuvinate in the new year. So, it seems this may go well into the second quarter of the next year.

1. Murgi aayegi :rolleyes:
2. Murgi andaa degi :cool:
3. Fir Omlette banega ;)
4. Fir hum khayenge :eek:

All the best.

gcin05?
PD Dec 02, Labor approved. I-140 Approved. EB3. Retrogression affected.
 
Amendment to murgi-omlette

1. Murgi aayegi
2. Murgi andaa degi
2.1 Oninon, pepper leke aana padega
3. Fir Omlette banega
4. Fir hum khayenge
 
Amendment to kala mirchi

1. Murgi aayegi
2. Murgi andaa degi
2.1 Oninon, pepper leke aana padega
While (!kaala_mirchi ) {
alert('kaala_mirchi unavailable') ;//kaala_mirchi = visa number
wait();
}
catch (e) {
alert("cha-ching - Bingo - you got GC !");
}
3. Fir Omlette banega
4. Fir hum khayenge
 
true !

It all seems good so far - Since this is a budget reconcilliation which involves reconcilliation from other dept (agri, medicaid...), does all the different area need to pass ? What if budget reconcilliation for medicaid fails and reconcilliation for immigration fails ?

Thye definitely need money and they do need H1Bs ! I hope we get the answer fairly quick. The wait is annoying :)
 
www.ramcheerath.com

Congress Passes H-1B Legislation

In an unexpected move, House leadership last night brought the Senate-passed H-1B bill (S. 2045) to the House floor for a vote. The bill passed by voice vote. Since the House and Senate passed the same measure, the bill now will go to the President for his signature.

Because the House and Senate passed the same bill, to avoid having to conference different measures, they introduced last night a separate bill, H.R. 5362, that reflects the consensus achieved with regard to increasing the fee to $1,000.

After the Senate vote, but before the House vote, the Administration indicated support for a more balanced H-1B measure, expressing concerns that the Senate-passed measure did not include an increased fee. (However, since bills dealing with fees, like taxes, must originate in the House, the fee increase was included in H.R. 5362, as noted above.) The Administration also expressed serious concerns with the six-year extension provision that the White House alleged would turn the H-1B program "from a temporary worker program into an in-residence waiting line for permanent employment-based immigration and increasing the vulnerability of these workers to exploitation in the workplace." Finally, the Administration reiterated its support for the Latino and Immigrant Fairness provisions and disappointment that this measure was not included in H-1B legislation. In spite of these concerns, the Administration's statement did not include a veto threat.

We will post the full text of the measure as passed as soon as it is available. A summary of the bill has been posted to the News Library and in the Advocacy Center. For more details, please contact the Advocacy Department.

106th CONGRESS

2d Session

S. 2045

AN ACT

To amend the Immigration and Nationality Act with respect to H-1B nonimmigrant aliens.

· · Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I--AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY

SEC. 101. SHORT TITLE.

· · This title may be cited as the `American Competitiveness in the Twenty-first Century Act of 2000'.

SEC. 102. TEMPORARY INCREASE IN VISA ALLOTMENTS.


FISCAL YEARS 2001-2003- Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-
· · · · (1) by redesignating clause (v) as clause (vii); and

(2) by striking clause (iv) and inserting the following:

· · · · `(iv) 195,000 in fiscal year 2001;

`(v) 195,000 in fiscal year 2002;

`(vi) 195,000 in fiscal year 2003; and'.

(b) ADDITIONAL VISAS FOR FISCAL YEARS 1999 AND 2000-

· · (1) IN GENERAL- (A) Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999.

(B) In the case of any alien on behalf of whom a petition for status under section 101(a)(15)(H)(I)(b) is filed before September 1, 2000, and is subsequently approved, that alien shall be counted toward the numerical ceiling for fiscal year 2000 notwithstanding the date of the approval of the petition. Notwithstanding section 214(g)(1)(A)(iii) of the Immigration and Nationality Act, the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 2000 is increased by a number equal to the number of aliens who may be issued visas or otherwise provided nonimmigrant status who filed a petition during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(iii) is reached and ending on August 31, 2000.

(2) EFFECTIVE DATE- Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277).

SEC. 103. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES.
:mad:
 
charlotteperson said:
Congress Passes H-1B Legislation

In an unexpected move, House leadership last night brought the Senate-passed H-1B bill (S. 2045) to the House floor for a vote. The bill passed by voice vote. Since the House and Senate passed the same measure, the bill now will go to the President for his signature.

Because the House and Senate passed the same bill, to avoid having to conference different measures, they introduced last night a separate bill, H.R. 5362, that reflects the consensus achieved with regard to increasing the fee to $1,000.

After the Senate vote, but before the House vote, the Administration indicated support for a more balanced H-1B measure, expressing concerns that the Senate-passed measure did not include an increased fee. (However, since bills dealing with fees, like taxes, must originate in the House, the fee increase was included in H.R. 5362, as noted above.) The Administration also expressed serious concerns with the six-year extension provision that the White House alleged would turn the H-1B program "from a temporary worker program into an in-residence waiting line for permanent employment-based immigration and increasing the vulnerability of these workers to exploitation in the workplace." Finally, the Administration reiterated its support for the Latino and Immigrant Fairness provisions and disappointment that this measure was not included in H-1B legislation. In spite of these concerns, the Administration's statement did not include a veto threat.

We will post the full text of the measure as passed as soon as it is available. A summary of the bill has been posted to the News Library and in the Advocacy Center. For more details, please contact the Advocacy Department.

106th CONGRESS

2d Session

S. 2045

AN ACT

To amend the Immigration and Nationality Act with respect to H-1B nonimmigrant aliens.

· · Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I--AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY

SEC. 101. SHORT TITLE.

· · This title may be cited as the `American Competitiveness in the Twenty-first Century Act of 2000'.

SEC. 102. TEMPORARY INCREASE IN VISA ALLOTMENTS.


FISCAL YEARS 2001-2003- Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-
· · · · (1) by redesignating clause (v) as clause (vii); and

(2) by striking clause (iv) and inserting the following:

· · · · `(iv) 195,000 in fiscal year 2001;

`(v) 195,000 in fiscal year 2002;

`(vi) 195,000 in fiscal year 2003; and'.

(b) ADDITIONAL VISAS FOR FISCAL YEARS 1999 AND 2000-

· · (1) IN GENERAL- (A) Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999.

(B) In the case of any alien on behalf of whom a petition for status under section 101(a)(15)(H)(I)(b) is filed before September 1, 2000, and is subsequently approved, that alien shall be counted toward the numerical ceiling for fiscal year 2000 notwithstanding the date of the approval of the petition. Notwithstanding section 214(g)(1)(A)(iii) of the Immigration and Nationality Act, the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 2000 is increased by a number equal to the number of aliens who may be issued visas or otherwise provided nonimmigrant status who filed a petition during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(iii) is reached and ending on August 31, 2000.

(2) EFFECTIVE DATE- Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277).

SEC. 103. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES.
:mad:
Click to expand...

What does this mean ? This is different from the budget bill that talks about retro issue. Correct ?
 
charlotteperson said:
Congress Passes H-1B Legislation

In an unexpected move, House leadership last night brought the Senate-passed H-1B bill (S. 2045) to the House floor for a vote. The bill passed by voice vote. Since the House and Senate passed the same measure, the bill now will go to the President for his signature.

Because the House and Senate passed the same bill, to avoid having to conference different measures, they introduced last night a separate bill, H.R. 5362, that reflects the consensus achieved with regard to increasing the fee to $1,000.

After the Senate vote, but before the House vote, the Administration indicated support for a more balanced H-1B measure, expressing concerns that the Senate-passed measure did not include an increased fee. (However, since bills dealing with fees, like taxes, must originate in the House, the fee increase was included in H.R. 5362, as noted above.) The Administration also expressed serious concerns with the six-year extension provision that the White House alleged would turn the H-1B program "from a temporary worker program into an in-residence waiting line for permanent employment-based immigration and increasing the vulnerability of these workers to exploitation in the workplace." Finally, the Administration reiterated its support for the Latino and Immigrant Fairness provisions and disappointment that this measure was not included in H-1B legislation. In spite of these concerns, the Administration's statement did not include a veto threat.

We will post the full text of the measure as passed as soon as it is available. A summary of the bill has been posted to the News Library and in the Advocacy Center. For more details, please contact the Advocacy Department.

106th CONGRESS

2d Session

S. 2045

AN ACT

To amend the Immigration and Nationality Act with respect to H-1B nonimmigrant aliens.

· · Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I--AMERICAN COMPETITIVENESS IN THE TWENTY-FIRST CENTURY

SEC. 101. SHORT TITLE.

· · This title may be cited as the `American Competitiveness in the Twenty-first Century Act of 2000'.

SEC. 102. TEMPORARY INCREASE IN VISA ALLOTMENTS.


FISCAL YEARS 2001-2003- Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended-
· · · · (1) by redesignating clause (v) as clause (vii); and

(2) by striking clause (iv) and inserting the following:

· · · · `(iv) 195,000 in fiscal year 2001;

`(v) 195,000 in fiscal year 2002;

`(vi) 195,000 in fiscal year 2003; and'.

(b) ADDITIONAL VISAS FOR FISCAL YEARS 1999 AND 2000-

· · (1) IN GENERAL- (A) Notwithstanding section 214(g)(1)(A)(ii) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)(ii)), the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 1999 is increased by a number equal to the number of aliens who are issued such a visa or provided such status during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(ii) is reached and ending on September 30, 1999.

(B) In the case of any alien on behalf of whom a petition for status under section 101(a)(15)(H)(I)(b) is filed before September 1, 2000, and is subsequently approved, that alien shall be counted toward the numerical ceiling for fiscal year 2000 notwithstanding the date of the approval of the petition. Notwithstanding section 214(g)(1)(A)(iii) of the Immigration and Nationality Act, the total number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of such Act in fiscal year 2000 is increased by a number equal to the number of aliens who may be issued visas or otherwise provided nonimmigrant status who filed a petition during the period beginning on the date on which the limitation in such section 214(g)(1)(A)(iii) is reached and ending on August 31, 2000.

(2) EFFECTIVE DATE- Paragraph (1) shall take effect as if included in the enactment of section 411 of the American Competitiveness and Workforce Improvement Act of 1998 (as contained in title IV of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999; Public Law 105-277).

SEC. 103. SPECIAL RULE FOR UNIVERSITIES, RESEARCH FACILITIES, AND GRADUATE DEGREE RECIPIENTS; COUNTING RULES.
:mad:
Click to expand...



I think you got this info from the "Archives" ..... orrect me if I am wrong
 
charlotteperson said:
This was what was approved last night - no mention about retrogression. Can anybody please check
Click to expand...

Please check the text of the bill, it talks about changing H1B visas to the tune of 195000 for 2001, 2002 and 2003, unless you and/or the US congress has developed a time machine this was not passed last night, nor is it going to help people living in the present!!!
 
Don't mislead with wrong/old info

Guys, it seems he/she taken these text from the "HotNews Archives" of http://www.ramcheerath.com/ . This is the oldest text in the "HotNews Archives". The Latest news is at the bottom of the Archives.

Guys - Please post text/info from the relavent source, since people monitoring here with lot of hope, so do not provide any unrelated info, which may lead to wrong direction. Use your common sense also before quoting anything in the forums.

Best of luck and hope the best as expected.

gcq_stm
 
Yea, reminds me; that was the year I missed the H1 cap and had to go for J, then they increased the cap. Now I have to switch from non-profit H to profit H and the same crap. How many times in lifetime should one be screwed by the same cap and delay in legislation?
 
Here is my attorney's answer

Sory guys :rolleyes:
It would be great if this would pass and be signed into law. *However, I caution you against getting too excited every time you read something like this because many proposals get introduced, but that is far from having them made into law. *They are subject to debate and compromise. *Also, many get tabled and never even reach a vote. *

So, Please get yourself ready to the worst one and anything would be surprising for us.
 
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