- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- Visa Bulletin and Priority Dates Retrogression Iss
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Today is the Day..
- Thread starter aix2005
- Start date
From BREAKING NEWS of http:\\www. immigration-law.com
10/22/2005: Immigration Reform and Dilemma of Direction
The immigration bill which the Senate Judiciary passed on October 20, 2005 has a provision to take out the immigrant visa numbers for the spouses and children of the employment-based immigrants in counting EB-visa annual cap. AILA has estimated the number to be between 80,000 and 90,000 each year. Additionaly, there appears to be some numbers which can be recaptured, which is estimated at 90,000. The recaptured numbers are expected to be dried up mostly by the Schedule A immigrants who apply for EB-3 category. Over all, this will help other EB-3 immigrants to get the benefit indirectly as the numbers would otherwise have been taken out of the annual EB-3 cap. However, it is just an one-time shot relief and once the recaptured numbers are exhausted, it goes back to square one.
When we look at both the Immigration Reform bills still pending at the Senate Judiciary Committee and the bill which was passed by the Senate Judiciary day before yesterday, the mathematics appear to direct us to the following numbers: Assuming that the recaptured numbers are not considered in this calculation since it is just an one-time short deal, the outlook of the visa numbers which are likely allocated for EB-categories will increase from the current 140,000 to 270,000 (190,000 + 80,000 cap exempt family members) under Cornyn-Kyl proposal and 370,000 (290,000 + 80,000 cap exempt family members) under McCain-Kennedy proposal. The family members have been taking out the numbers from each of different EB categories depending on the principal alien's EB preference petitions and the increased 80,000 numbers will be proportionally allocated to EB-1, EB-2, and EB-3 depending on the total number of principal aliens applying for each of these category petitions. Consequently, eventually the fundamental question that is posed and directed to the Congress and the nation is what level of immigrant workers this country should accept. During the past few years, the Congress and the nation have been discussing and moving towards the direction of focusing on higher-level of professional foreign workers and restricting middle or lower-level foreign workers. This is reflected in the recent H-1B and L-1 Visa Reform Acts. The nation was moving towards the direction of sending a welcome wagon to advanced degree level of foreign workers and restricting the number of foreign workers at the Bachelor's or lower level.
When it comes to the Immigration Reform legislation, the Congress reveals a contraction to its nonimmigrant legislative policy emphasizing advanced level of education or achievement. Both Cornyn-Kyl and McCain-Kennedy bills are proposing to reduce EB-1 and EB-2 annual quotas from the current 28.6% to 20.0% each. Consequently, the Immigration Reform bills are completely going towards other directions, contradicting its policy in the nonimmigrant legislation. The information indicates that the current EB-visa number retrogression was partly affected by the increase of the H-1B annual cap from 65,000 to 195,000 that eventually moved into the immigration stream. The EB-1 and EB-2 visa numbers already feel two pressures from the two directions: One is the contradictory nonimmigrant policy that produces and will produce increased number of advanced-level professionals moving into the EB-1 or EB-2 immigration stream. The other pressure is coming from the current visa retrogression inducing the advanced level foreign workers to go for EB-2 immigration stream. This is particularly noticeable for the Indians and Chinese. Accordingly, even without the Immigration Reform legislation, the U.S. Department of State is predicting that the EB-1 and EB-2 for China and India will move very slow in the coming year or years. As for EB-2, it even predicts that it will spread to the Worldwide chargeability, meaning that everyone will feel the pain the visa retrogression.
It appears that the Congress should answer the following two questions very quickly: (1) Consistency between immigrant policy and nonimmigrant policy. If the Congress desires higher level foreign professionals over lower level foreign workers, it should be reflected in both immigrant and nonimmigrant policy and its Immigration Reform legislation. The current friction will create a long-term damage to the future of the country by limiting desires of the achieved high-level foreign workers from immigrating to the United States. Einsteins should keep moving into the nation and the country should send a signal to these brightest brains that we will send a welcome wagon for them. The current Immigration Reform bills reveal a serious flaw in this respect. (2) Resolution of dilemma as related to the needed temporary guest workers. At lower ends, the country needs foreign workers at the lower end to sustain the economy, particularly certain sectors in the industry. Both Cornyn-Kyl and McCain-Kenndy bills apparently attemp to accomodate such needs by allocating a huge number of immigrant quotas to nonskilled and limited skill foreign workers. Without doubt, the country needs both achieved foreign workers as well as unskilled/limited skills workers. It is just a question of how these two needs are appropriately balanced to achieve the goals.
We urge the Congress to relook at the pending Immigration Reform bills to see that the contractions, inconsitencies, and frictions are removed in the formulation of national immigration policy.
10/22/2005: Immigration Reform and Dilemma of Direction
The immigration bill which the Senate Judiciary passed on October 20, 2005 has a provision to take out the immigrant visa numbers for the spouses and children of the employment-based immigrants in counting EB-visa annual cap. AILA has estimated the number to be between 80,000 and 90,000 each year. Additionaly, there appears to be some numbers which can be recaptured, which is estimated at 90,000. The recaptured numbers are expected to be dried up mostly by the Schedule A immigrants who apply for EB-3 category. Over all, this will help other EB-3 immigrants to get the benefit indirectly as the numbers would otherwise have been taken out of the annual EB-3 cap. However, it is just an one-time shot relief and once the recaptured numbers are exhausted, it goes back to square one.
When we look at both the Immigration Reform bills still pending at the Senate Judiciary Committee and the bill which was passed by the Senate Judiciary day before yesterday, the mathematics appear to direct us to the following numbers: Assuming that the recaptured numbers are not considered in this calculation since it is just an one-time short deal, the outlook of the visa numbers which are likely allocated for EB-categories will increase from the current 140,000 to 270,000 (190,000 + 80,000 cap exempt family members) under Cornyn-Kyl proposal and 370,000 (290,000 + 80,000 cap exempt family members) under McCain-Kennedy proposal. The family members have been taking out the numbers from each of different EB categories depending on the principal alien's EB preference petitions and the increased 80,000 numbers will be proportionally allocated to EB-1, EB-2, and EB-3 depending on the total number of principal aliens applying for each of these category petitions. Consequently, eventually the fundamental question that is posed and directed to the Congress and the nation is what level of immigrant workers this country should accept. During the past few years, the Congress and the nation have been discussing and moving towards the direction of focusing on higher-level of professional foreign workers and restricting middle or lower-level foreign workers. This is reflected in the recent H-1B and L-1 Visa Reform Acts. The nation was moving towards the direction of sending a welcome wagon to advanced degree level of foreign workers and restricting the number of foreign workers at the Bachelor's or lower level.
When it comes to the Immigration Reform legislation, the Congress reveals a contraction to its nonimmigrant legislative policy emphasizing advanced level of education or achievement. Both Cornyn-Kyl and McCain-Kennedy bills are proposing to reduce EB-1 and EB-2 annual quotas from the current 28.6% to 20.0% each. Consequently, the Immigration Reform bills are completely going towards other directions, contradicting its policy in the nonimmigrant legislation. The information indicates that the current EB-visa number retrogression was partly affected by the increase of the H-1B annual cap from 65,000 to 195,000 that eventually moved into the immigration stream. The EB-1 and EB-2 visa numbers already feel two pressures from the two directions: One is the contradictory nonimmigrant policy that produces and will produce increased number of advanced-level professionals moving into the EB-1 or EB-2 immigration stream. The other pressure is coming from the current visa retrogression inducing the advanced level foreign workers to go for EB-2 immigration stream. This is particularly noticeable for the Indians and Chinese. Accordingly, even without the Immigration Reform legislation, the U.S. Department of State is predicting that the EB-1 and EB-2 for China and India will move very slow in the coming year or years. As for EB-2, it even predicts that it will spread to the Worldwide chargeability, meaning that everyone will feel the pain the visa retrogression.
It appears that the Congress should answer the following two questions very quickly: (1) Consistency between immigrant policy and nonimmigrant policy. If the Congress desires higher level foreign professionals over lower level foreign workers, it should be reflected in both immigrant and nonimmigrant policy and its Immigration Reform legislation. The current friction will create a long-term damage to the future of the country by limiting desires of the achieved high-level foreign workers from immigrating to the United States. Einsteins should keep moving into the nation and the country should send a signal to these brightest brains that we will send a welcome wagon for them. The current Immigration Reform bills reveal a serious flaw in this respect. (2) Resolution of dilemma as related to the needed temporary guest workers. At lower ends, the country needs foreign workers at the lower end to sustain the economy, particularly certain sectors in the industry. Both Cornyn-Kyl and McCain-Kenndy bills apparently attemp to accomodate such needs by allocating a huge number of immigrant quotas to nonskilled and limited skill foreign workers. Without doubt, the country needs both achieved foreign workers as well as unskilled/limited skills workers. It is just a question of how these two needs are appropriately balanced to achieve the goals.
We urge the Congress to relook at the pending Immigration Reform bills to see that the contractions, inconsitencies, and frictions are removed in the formulation of national immigration policy.
Logically speaking the best chance for approval should be allowing to file for 485 even when visa numbers are not retrogressed, this way the anti immigation lobby will be happy because they are not increasing the visa numbers and at the same time getting 500$ for filing 485. this is just a observation of a lay person.
Dependents share from Alloted EB Visa Quotas...
Dependents usage from EB Visa Quotas in the previous years (interesting):
(source: www.competeamerica.com)
1) EB-1:
Alloted Number: 40,000/year.
Usage (FY 04) : 31,291
Dependents Usage : 58%
2) EB-2:
Alloted Number: 40,000/year + unused EB-1 Visas
Usage (FY 04) : 32,534
Dependents Usage : 51%
3) EB-3:
Alloted Number: 40,000/year + unused EB-2 visas
Usage (FY 04) : 85,969
Dependents Usage : 52%
4) EB-4:
Alloted Number: 10,000/year.
Usage (FY 04) : 5,407
Dependents Usage: 62%
5) EB-5:
Alloted Number: 10,000/year.
Usage (FY 04) : 129
Dependents Usage : 57%
Dependents usage from EB Visa Quotas in the previous years (interesting):
(source: www.competeamerica.com)
1) EB-1:
Alloted Number: 40,000/year.
Usage (FY 04) : 31,291
Dependents Usage : 58%
2) EB-2:
Alloted Number: 40,000/year + unused EB-1 Visas
Usage (FY 04) : 32,534
Dependents Usage : 51%
3) EB-3:
Alloted Number: 40,000/year + unused EB-2 visas
Usage (FY 04) : 85,969
Dependents Usage : 52%
4) EB-4:
Alloted Number: 10,000/year.
Usage (FY 04) : 5,407
Dependents Usage: 62%
5) EB-5:
Alloted Number: 10,000/year.
Usage (FY 04) : 129
Dependents Usage : 57%
GCdreamer2006
Registered Users (C)
Yes, and relief such as allowing people to change jobs without restrictions while on EAD would also be probably easy to pass. Unfortunately, in spite of all letters we sent, they simply ignored that. I am prepared to see resistance from the reduction group when they mention about the family member exemption part. If we win the portion of 90K EB recapture, I will celebrate.
pitha said:Logically speaking the best chance for approval should be allowing to file for 485 even when visa numbers are not retrogressed, this way the anti immigation lobby will be happy because they are not increasing the visa numbers and at the same time getting 500$ for filing 485. this is just a observation of a lay person.