skill bill

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desimotu

Registered Users (C)
In SECTION 201 UNITED STATES EDUCATED IMMIGRANTS of the SKIL bill -
`(K) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.

This bill excludes spouse for person who is admitted as employment - based immigration. If I already have employment -based green card and now if I marry to an Indian girl, will my wife be exempt from numerical limits. Or will this come in family based immigration. thank you
 
INA 203(b) is for EB applicants, not for GC holder from EB category.
Unless you gave up your current GC and start another process from the scratch, she won't get any benefit from this exemption provision.
 
GotPR? said:
INA 203(b) is for EB applicants, not for GC holder from EB category.
Unless you gave up your current GC and start another process from the scratch, she won't get any benefit from this exemption provision.
Click to expand...

Okay PR.

Here is the copy of the part of SKIL Bill

SEC. 201. UNITED STATES EDUCATED 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 a master's or higher degree from an accredited United States university.

`(G) Aliens who have been awarded medical specialty certification based on post-doctoral training and experience in the United States preceding their application for an immigrant visa under section 203(b).

`(H) Aliens who will perform labor in shortage occupations designated by the Secretary of Labor for blanket certification under section 212(a)(5)(A) as lacking sufficient United States workers able, willing, qualified, and available for such occupations and for which the employment of aliens will not adversely affect the terms and conditions of similarly employed United States workers.

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

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

`(K) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.


Now In General- Section 201(b)(1) of the existing INA law says

INA: ACT 201 - WORLDWIDE LEVEL OF IMMIGRATION 1/


Sec. 201. [8 U.S.C. 1151]

(a) In general. - Exclusive of aliens described in subsection (b), aliens born in a foreign state or dependent area who may be issued immigrant visas or who may otherwise acquire the status of an alien lawfully admitted to the United States for permanent residence are limited to-


(1) family-sponsored immigrants described in section 203(a) (or who are admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(a)) in a number not to exceed in any fiscal year the number specified in subsection (c) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year;


(2) employment-based immigrants described in section 203(b) (or who are admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(b) ), in a number not to exceed in any fiscal year the number specified in subsection (d) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year; and


(3) for fiscal years beginning with fiscal year 1995, diversity immigrants described in section 203(c) (or who are admitted under section 211(a) on the basis of a prior issuance of a visa to their accompanying parent under section 203(c) ) in a number not to exceed in any fiscal year the number specified in subsection (e) for that year, and not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level under such subsection for all of such fiscal year.


(b) Aliens Not Subject to Direct Numerical Limitations. - Aliens described in this subsection, who are not subject to the worldwide levels or numerical limitations of subsection (a), are as follows:


(1) (A) Special immigrants described in subparagraph (A) or (B) of section 101(a)(27) .


(B) Aliens who are admitted under section 207 or whose status is adjusted under section 209 .


(C) Aliens whose status is adjusted to permanent residence under section 210 , or 245A .


(D) Aliens whose removal is canceled under section 240A(a) .


(E) Aliens provided permanent resident status under section 249 .


(2)(A)(i) Immediate relatives. - For purposes of this subsection, the term ``immediate relatives'' means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age. In the case of an alien who was the spouse of a citizen of the United States for at least 2 years at the time of the citizen's death and was not legally separated from the citizen at the time of the citizen's death, the alien (and each child of the alien) shall be considered, for pur poses of this subsection, to remain an immediate relative after the date of the citizen's death but only if the spouse files a petition under section 204(a)(1)(A)(ii) within 2 years after such date and only until the date the spouse remarries. 3/ For purposes of this clause, an alien who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) of this Act remains an immediate relative in the event that the United States citizen spouse or parent loses United States citizenship on account of the abuse.


He wants to add his points after E.

thanks very much for your patience and help.
 
From your above post, I'm not sure whether you were convinced by my last post, but just in case you still maintain your initial thought.

The wording "The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b)." seemingly suggests that the spouse and minor kids of those who already admitted as EB LPR are exempt from limit. But I don't think that is correct understanding.
Here is the summary of SKIL bill from Senate office.

http://cornyn.senate.gov/doc_archive/05-02-2006_SKIL section by section _5-1_.pdf

It says "exempt from employment base cap", does not say "exempt from family base cap".
So, this provision is for sponse and kids who are applying as derivatives under EB category.

This summary was based on SKIL bill of 2006(S2691 of 109th congress), but wording of this provision is the exactly the same as current SKIL(S1083 of 110th congress), so interpretation must be the same as above pdf.
 
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GotPR? said:
From your above post, I'm not sure whether you were convinced by my last post, but just in case you still maintain your initial thought.

The wording "The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b)." seemingly suggests that the spouse and minor kids of those who already admitted as EB LPR are exempt from limit. But I don't think that is correct understanding.
Here is the summary of SKIL bill from Senate office.

http://cornyn.senate.gov/doc_archive/05-02-2006_SKIL section by section _5-1_.pdf

It says "exempt from employment base cap", does not say "exempt from family base cap".
So, this provision is for sponse and kids who are applying as derivatives under EB category.

This summary was based on SKIL bill of 2006(S2691 of 109th congress), but wording of this provision is the exactly the same as current SKIL(S1083 of 110th congress), so interpretation must be the same as above pdf.
Click to expand...

Thank you very much PR. I agree with you now. I was reading it the wrong way.

Thanks again..
 
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