Specter proposal kills EB2 and EB1
- Thread starter can_card
- Start date
can_card said:
No relief is needed for EB1 and EB2. They are never in short. Currently EB1 and EB2 are retrogressed is all because the stupidity of whoever in charge of the visa numbers. Specter's proposal on the other hand seems to show that he really understand the situation.
This bill is very bad news for all oversubscribed countries (India, China, Philipines, Mexico). It strikes away the section (I will post the details later) that allows for a EB-1 or EB-2 or EB-3 visas to be used by the same category irrespective of country limit. So If ROW consumed only 13000 visas out of 43,000 in a year (say for EB-2), rest 30,000 can be consumed by India nad China, even though current limit is 2700 for each nation. That applies to EB-1 and EB-3 also. That is why almost 40,000 Indians could get GC in a year when the limit is only 10,700.
The current section is called,
SEC. 104. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS.
(a) SPECIAL RULES- Section 202(a) of the Immigration and Nationality Act (8 U.S.C.1152(a)) is amended by adding at the end the following new paragraph:
“(5) RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
“(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
If anyone strikes down section 5 or 5 (A), This provision is gone.
The current bill has to say this
Section 502 SAYS THAT THEY WILL STRIKE PARAGRAPH 2.
iN ASSENCE WHAT IT MEANS IS INdians, will get no more than, 4300 EB-1 visa, 4300, eb-2 visas and eb-3 10,150. Not a visa more. The grand total is 18750 visas for Indians, when we are consuming almost more than double this number even under retrogression!!!. If this passes, guys in later year, kiss good bye to your GC dream. Though this is music for non- oversubscribed countries.
Comments anyone
rgds,
ak
The current section is called,
SEC. 104. LIMITATION ON PER COUNTRY CEILING WITH RESPECT TO EMPLOYMENT-BASED IMMIGRANTS.
(a) SPECIAL RULES- Section 202(a) of the Immigration and Nationality Act (8 U.S.C.1152(a)) is amended by adding at the end the following new paragraph:
“(5) RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
“(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
If anyone strikes down section 5 or 5 (A), This provision is gone.
The current bill has to say this
Section 502 SAYS THAT THEY WILL STRIKE PARAGRAPH 2.
iN ASSENCE WHAT IT MEANS IS INdians, will get no more than, 4300 EB-1 visa, 4300, eb-2 visas and eb-3 10,150. Not a visa more. The grand total is 18750 visas for Indians, when we are consuming almost more than double this number even under retrogression!!!. If this passes, guys in later year, kiss good bye to your GC dream. Though this is music for non- oversubscribed countries.
Comments anyone
rgds,
ak
Forget the current backlogs for a moment and assume that there are no backlogs..
If they implement the proposal to remove PhD holders (STEM) and (MS+ 3 or NIW) from the quota system, then the proposed reduction in EB1 and EB2 is fair enough down the line. Although I don't have numbers to prove it, based on the people I know who applied under EB1, it seems many of them are PhD holders and would have applied under EB1-OR. Now if these people are no longed under quota, I don't see the EB1 getting filled up (how many multi-national managers and Extraordinary abililty peopel come in anyways). In fact, the remaining EB1 numbers would trickle over to EB2 in the last quarter(?).
They might implement recapturing of unused visas on a permanent basis (its logical considering that the numbers had been ear-marked for such a purpose)
For the current mess of backlog elimination, I feel that there would be temporary provisions (most likely increasing the quota to 290000 (one time\short period(2-3 year) increase similar to H1B increase to 195000 and then back to 65000) ), a permanent increase is unlikely unless they also increase the H1B quota (assuming x% H1B apply for GC) .
Eliminating spouse and children from the quota would increase the numbers anywhere upwards of 35% (last year it was around 50?%) and cannot be easily made temporary and, therefore, I see it as a tough-sell. (although it would be great if it goes through).
If they implement the proposal to remove PhD holders (STEM) and (MS+ 3 or NIW) from the quota system, then the proposed reduction in EB1 and EB2 is fair enough down the line. Although I don't have numbers to prove it, based on the people I know who applied under EB1, it seems many of them are PhD holders and would have applied under EB1-OR. Now if these people are no longed under quota, I don't see the EB1 getting filled up (how many multi-national managers and Extraordinary abililty peopel come in anyways). In fact, the remaining EB1 numbers would trickle over to EB2 in the last quarter(?).
They might implement recapturing of unused visas on a permanent basis (its logical considering that the numbers had been ear-marked for such a purpose)
For the current mess of backlog elimination, I feel that there would be temporary provisions (most likely increasing the quota to 290000 (one time\short period(2-3 year) increase similar to H1B increase to 195000 and then back to 65000) ), a permanent increase is unlikely unless they also increase the H1B quota (assuming x% H1B apply for GC) .
Eliminating spouse and children from the quota would increase the numbers anywhere upwards of 35% (last year it was around 50?%) and cannot be easily made temporary and, therefore, I see it as a tough-sell. (although it would be great if it goes through).
Can_card,
for some reason I cannot cut paste from the senetor bill (as it is a secured document). Please look at section 502 in the proposed legislation. I am not here to lie (and I know you were not implying it either, you were just trying to look up yourself) but I do want members to pick hole in my argument. I believe I am right which is a very bad news at this time. I would love to be wrong on this one
rgds,
akela
for some reason I cannot cut paste from the senetor bill (as it is a secured document). Please look at section 502 in the proposed legislation. I am not here to lie (and I know you were not implying it either, you were just trying to look up yourself) but I do want members to pick hole in my argument. I believe I am right which is a very bad news at this time. I would love to be wrong on this one
rgds,
akela
EB2 is going to be worst than EB3, once bill passes
From OH law firm breaking news
03/12/2006: Comprehensive Immigration Reform: EB-2 vs. EB-3: Time to Consider Filing of Concurrent EB-2 and EB-3 I-140 Petitions?
All of the comprehensive immigration reform bills in the Senate except the border security bills propose to increase the annual EB-3 numbers substantially. On the other hand, these bills propose to reduce annual allocation for EB-2 in terms of the percentage. When combining EB-3 for skilled workers/professionals with EB-3EW for unskilled workers, the combined EB-3 will run as high as 60% plus and minus. Besides, should Sen. Brownback amendment be legislated into law, a large number of nurses/physical therapists will be taken out of the burden in the EB-3 visa numbers. In the BECs, there still remain a huge number of mostly EB-3 cases including unskilled workers which will take out the immigrant visa numbers in the future, probably before the summer of year 2008. Still, 60+ of the total "increased" employment-based immigrant visa numbers must add upto a large number. Contrary to this trend, a large number of cases are filed in the EB-2 category these days. Considering the fact that EB-2 numbers may be reduced or maintain at the current level at best, EB-2 visa numbers may increasingly face the pressure.
We hope that the history will not repeat itself. In the 1990s, there was a time when the EB-2 numbers were more oversubscribed than EB-3 for China. One may wonder whether it is time for the EB immigrants who attain the EB-2 labor certification to consider filing of EB-2 and EB-3 I-140 petitions concurrently or sequentially against the situation which reveal worse oversubscription of EB-2 over EB-3, particularly P.R. China. EB-2 labor certification is eligible for both EB-2 I-140 petition and EB-3 I-140 petition. It is a matter of paying additional $195 filing fees. Something to think about
From OH law firm breaking news
03/12/2006: Comprehensive Immigration Reform: EB-2 vs. EB-3: Time to Consider Filing of Concurrent EB-2 and EB-3 I-140 Petitions?
All of the comprehensive immigration reform bills in the Senate except the border security bills propose to increase the annual EB-3 numbers substantially. On the other hand, these bills propose to reduce annual allocation for EB-2 in terms of the percentage. When combining EB-3 for skilled workers/professionals with EB-3EW for unskilled workers, the combined EB-3 will run as high as 60% plus and minus. Besides, should Sen. Brownback amendment be legislated into law, a large number of nurses/physical therapists will be taken out of the burden in the EB-3 visa numbers. In the BECs, there still remain a huge number of mostly EB-3 cases including unskilled workers which will take out the immigrant visa numbers in the future, probably before the summer of year 2008. Still, 60+ of the total "increased" employment-based immigrant visa numbers must add upto a large number. Contrary to this trend, a large number of cases are filed in the EB-2 category these days. Considering the fact that EB-2 numbers may be reduced or maintain at the current level at best, EB-2 visa numbers may increasingly face the pressure.
We hope that the history will not repeat itself. In the 1990s, there was a time when the EB-2 numbers were more oversubscribed than EB-3 for China. One may wonder whether it is time for the EB immigrants who attain the EB-2 labor certification to consider filing of EB-2 and EB-3 I-140 petitions concurrently or sequentially against the situation which reveal worse oversubscription of EB-2 over EB-3, particularly P.R. China. EB-2 labor certification is eligible for both EB-2 I-140 petition and EB-3 I-140 petition. It is a matter of paying additional $195 filing fees. Something to think about
Fall through:
A person in a "higher" EB category can always apply for a lower EB category, but the reverse is not true. So if EB-2/1 are overwhelmed, expect people to "shift down a gear". In any case, 485 timelines are not affected.
Assuming all categories current, if two people have their 140's approved - one in EB-2 and one in EB-3 and both apply for 485 on the same date, there is no telling who is going to be approved first.
This could end up being a problem, but may not be as significant as is made up to be. Personally, I don't like it but don't make the law either.
A person in a "higher" EB category can always apply for a lower EB category, but the reverse is not true. So if EB-2/1 are overwhelmed, expect people to "shift down a gear". In any case, 485 timelines are not affected.
Assuming all categories current, if two people have their 140's approved - one in EB-2 and one in EB-3 and both apply for 485 on the same date, there is no telling who is going to be approved first.
This could end up being a problem, but may not be as significant as is made up to be. Personally, I don't like it but don't make the law either.