stucklabor
Registered Users (C)
All, Section 502 of Specter's bill strikes out Paragraph (a)(5) of 8 USC 1152 completely. This paragraph says that EB immigrants of each category are not subject to country quotas when additional visas are available. For instance, if EB2 visas are available, EB2 alone will not be subject to country quota. There is now no distinction between EB and FB immigrants. Country quotas will be applied strictly in each EB category and unused numbers will fall through to the next EB category.
However, in general, paragraphs (a)(2) and (a)(3) of 8 USC 1152 do say that country quotas will not apply when additional visas are available. All the unused EB1-3 visas when country quotas are applied, will now fall through to EB5 unskilled category - to now benefit unskilled workers from Mexico!
Here is the text from Specter's markup section 503, language re: unskilled workers. "Visas will be made available in a number not exceeding 30% of worldwide total, plus any visas not required for classes mentioned in paragraphs (1) through (4)...."
Here are paragraphs (a)(2) and (a)(3) from 8 USC 1152.
(2) Per country levels for family-sponsored and employment-based immigrants
Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 1153 of this title in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
However, in general, paragraphs (a)(2) and (a)(3) of 8 USC 1152 do say that country quotas will not apply when additional visas are available. All the unused EB1-3 visas when country quotas are applied, will now fall through to EB5 unskilled category - to now benefit unskilled workers from Mexico!
Here is the text from Specter's markup section 503, language re: unskilled workers. "Visas will be made available in a number not exceeding 30% of worldwide total, plus any visas not required for classes mentioned in paragraphs (1) through (4)...."
Here are paragraphs (a)(2) and (a)(3) from 8 USC 1152.
(2) Per country levels for family-sponsored and employment-based immigrants
Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 1153 of this title in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.