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Greg Siskind on Immigration Law and Policy

Summary of HR 3012

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Here's my summary of the bill as of its passage this week in the House of Represenatives:


H.R. 3012 - The Fairness for High-Skilled Immigrants Act of 2011


Section 1. Sets out the title the of the bill.


Section 2. Numerical Limitation to Any Single Foreign State


Amends INA Section 202(a)(2) to deal only with family based immigration and separates out the employment-based green card quotas section.


Increases per country quotas for family categories from 7 to 15%.


Eliminates 1000 green cards per year subtraction from family green cards available to Chinese nationals (a creation of the Chinese Student Protection Act of 1992).


This section takes effect as if enacted on September 30, 2011 and shall apply to the 2012 fiscal year which began October 1, 2011.


Eliminates per country quotas in employment-based green card categories.


The elimination of the quotas will be phased in over three years. In fiscal year 2012 (October 1, 2011 to September 30, 2012), 15% of 0all EB-2 and EB-3 green cards will be reserved for all countries except for the two EB using nationalities as of 201(India and China).


In fiscal year 2013 (October 1, 2012 to September 30, 2013), 10% of all EB-2 and EB-3 green cards will be reserved for all countries except for the two EB using nationalities as of 2011 (India and China).


In fiscal year 2014 (October 1, 2013 to September 30, 2014), 10% of all EB-2 and EB-3 green cards will be reserved for all countries except for the two EB using nationalities as of 2012 (likely India and China).


During the phase in, the number of green cards going to any one country under the 15% and 10% reserves noted above may not exceed 25% (except for India and China) of that reserve. For the remaining green cards being split between China and India, no more than 85% can go to either  country.


If the phase in rules would prevent the total number of green cards made available in EB-2 and EB-2 from being issued, such visas may be issued during the remainder of the fiscal year in question anyway.

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  1. Paul Wilson's Avatar
    Greg,

    Do you seriously believe this bill is good and that this phase-in is adequate? The very fact that the bill is effective retroactively means the non-Indian EB-3 categories (and maybe EB-2 for a short while) will become unavailable and then will be retrogressed for the next 3 years, and USCIS will be totally overwhelmed by the poor timing. This goes against all policy goals of the USCIS to make the immigration system more reliable and predictable (publishing I-485 inventories, more conservative advancement of dates, etc.) Not only that, but for the next 3 years the USA will be practically closed to new immigrants, because all the visas will be going to resolve backlogs. I can't help but think that this bill is anti-immigration and that is why it is supported by anti-immigrants--it's basically saying "let's close the doors to new immigrants until we fix our existing problems, and then we'll let new people in". Sounds familiar?

    Have you guys even thought of all the other people who made plans based on the current movements of visa bulletins, and who now won't be able to start jobs and immigrate (nurses and other professionals who rely on the priority dates to do consular processing, and who will be stuck in the middle when the bill goes in effect and the dates suddenly change, etc.) All of this smacks of the typical attitude of treating immigrants like cattle, and the thinking that we can do whatever we like to implement partial solutions, that even though fair in principle, will have unintended harmful consequences and ripple effects. This is just like one of those "unintended" mistakes like the July 2007 bulletin fiasco, the DV-2012 "computer error" and the clumsy resolution that failed to acknowledge all the losses and human suffering, etc. Do you really stand behind all this?
  2. Mike's Avatar
    This bill served one purpose for anti immigrants. It created further division in the immigrant community. Also now it may not be passed in Senate this year. I strongly suspect politics in the bill if not passed in Senate as the next year is election year
  3. Legal and no longer waiting's Avatar
    The phase in appears to act in the opposite direction of the bill intent. I honestly don't know how many of the EB2/3 queues are Indian/Chinese, but based on the overall H1 numbers, the "natural" distribution is probably 40-60, with 40% being ROW. The bill limits the ROW numbers to 25%, which may have been hit already for the fiscal year in EB3 (one quarter has almost passed), in which case ROW will turn U, while visas will only be avialble to India and China. The same is for the rest of three years - ROW is limited to 25% while India/China are limited to 85%. Given the natual discribtion I would expect India and China to catch up in a couple of years, in which case the bill phase in actually swings the pendulum the other direction - retrogresses ROW farther. And that came from people who wanted to _eliminate_ per country quotas? I think that a straight up elimination would have been more honest and predictable.
  4. USC's Avatar
    Thanks for the nice summary.

    Congress should post a redlined version of every Bill when they make changes. I believe Microsoft Word is now available, even in Washington.
  5. Sagar's Avatar
    Dear All,
    Could anyone answer me please...
    My PD is Oct 2006 in EB3. If this bill become law, approximatly, when will I be able to go?
    Pls answer...
    Rgds
    Sagar
  6. EB3SepIndia2004's Avatar
    "Have you guys even thought of all the other people who made plans based on the current movements of visa bulletins"

    Well , Any smart person that deals with US immigration system should not plan his life around approval of green card . I realized this a while ago and I do what I want to do without thinking about green card.

    I filed my labor in 2004 from a state that was taking less than month for labor approval when I filed, My application went to the backlog center and rotted there for 3 years without a clue. Then I 140 took couple years before I could file my 485 in July 2007.

    I feel your pain but eventually you get used to it that is where I am personally. BTW , I fully support 3012.

    I have another EB2 application in pipeline , I will get my GC around same time whether 3012 happens or not .

    I personally think supporters of this bill are more organized than opponents ever will be because the opponents get their GCs in few months as opposed to the supporters that have to rot in the USCIS black hole.

  7. Sam's Avatar
    Is not the real dviersity quota should be 0.005% per country (for 185 countries) and there should be no spillovers?

    Even with the current 7% quota strict implementation, DOS will be allowing more people from one country than the other, which HR3012 opposers say should not happen.

    If your argumnent is that the current 7% quota gives fair diversity, you are wrong.

    BTW, I support 3012. Selecting a foreign employee based on his/her country of birth is wrong.
  8. JoeF's Avatar
    "Congress should post a redlined version of every Bill when they make changes. I believe Microsoft Word is now available, even in Washington."

    They should use Open Source software. No MS Word on my Linux machine at home... OpenOffice/LibreOffice is fine, and runs everywhere...
  9. Sa's Avatar
    Just wondering if anyone can throw a light on how these Senators work? Is it a particular staffer or his chief of staff tells him or her on what to do each day?
  10. Rajani's Avatar
    Hi

    Does anyone update whether there is a possibility of attaching HR 1929 to H$ 3012 by Senatte or at least recapture 50,000 visa for Schedule A Category.
  11. Mike's Avatar
    Rajani,

    HR 3012 itself is uncertain now. So where is the question of attaching other bills?
  12. Sam Adams's Avatar
    Lies about this Bill:

    Lie #1: Indians have to wait 70 years for green card.
    Fact: U.S. citizens over 18 old can get their parents green cards without waiting. If a person (or couple) is not infertile, they get GCs 18 years after having child. Yes, minority choose to have no kids, but that's only minority. An birth data mining can easily break this lie.

    Lie #2: HR3012 won't affect US job market.
    1. Chaffetz & Lamar's statements emphasized AGAIN & AGAIN: without 3012 US companies cannot hire the foreigners they want; with 3012 that become achievable. Obviously Microsoft hires one foreigner because of 3012, one US citizen loses a job because of 3012. So if Chaffetz & Lamar's statement above is true, the lie of "not affect job market" is exposed; if this is not true, Lamar & Chaffetz are cheating US voters by using wrong statements.

    2. Another hidden fact: without 3012 many Indians cannot afford 8-10 years waiting and leave US, returning their jobs to job market. With 3012 they don't leave US and continue occupying jobs. This is another big reason 3012 impacts job opportunities of US citizens.

    Lie #3: US companies cannot hire the foreigners they want if foreigners don't have green card.
    Come on! Chaffectz & Lamar can use this false information in House, but Glassley created H1-B *working* visas and therefore know they're lying. This is more like a joke: US companies cannot hunt birds if gvtment don't give them cannons. Come on, Rifles are available but you request Cannons for shooting birds?

    Lie#4 HR3012 is necessary to bring in more exceptional immigrants. Truth is this will only really help EB3 India, won't make much difference to EB2 India, and no difference to EB1

    Lie #5 India is capped at 7%. Truth, Indian nationals received 21% of EB green cards last year while India makes up 15% of the worlds population.

    Lie $6 Country cap is racist. Truth, it would be racist if it gave any country more than other country, especially based on its racial makeup.

    Lie #7 HR3012 won't affect American job market. Chaffetz is speaking out of both sides of his mouth here. He says HR3012 won't affect the job market, but then he also says HR3012 is necessary to bring in more immigrant workers.

    One has to wonder if HR3012 could be challenged in court since it is the product of lobbying by mostly foreign nationals. Is it legal for foreign nationals to write American laws through intensive lobbying while interested American groups had virtually no say in the process (except for ones who would benefit from the changes, namely large India based IT "consulting" companies)?
  13. Anna's Avatar
    This bill should NEVER pass. If it does, the US will be full with unskilled, uneducated Indians and Chinese. Absolutely NO NO NO.
    Everyone knows that Indian hi tech firms are a fraud to bring uneducated, unskilled workers with bogus opportunities here. The US has to try to attract Europeans and nationalities that bring prosperity and good education, not third world losers.
  14. USC's Avatar
    "The US has to try to attract Europeans and nationalities that bring prosperity and good education, not third world losers."

    As in the PIIIGS?

  15. JoeF's Avatar
    @Sam:
    Also, people can use their experience to apply for jobs that require an advanced degree or bachelor + 5 years experience, and go for the EB2 category, porting the priority date. Some EB2 people have opposed that, though, and call it "cutting in line"...
    The 70-year stuff is very obviously based on incorrect data. It is a very simplified calculation that is not valid in real life. If somebody wrote that in a peer-reviewed scientific paper the paper would get very bad reviews, due to false conclusions from the data.
  16. JoeF's Avatar
    @USC: Good one.
  17. Limbo's Avatar
    Paul,

    Excellent summary of the difficulties and unintended consequences that will occur if the bill passes the senate as is. As I have pointed out before, those waiting for consular processing will be slammed the hardest, especially nurses. They don't qualify for H-1 because RN licensure does not require a bachelors degree and therefore they have no way to work for their employers while waiting.

    I would have preferred to see the yearly cap for India and China raised a percent or two each year to some higher cap, like say 15%. This would clear the backlog with less disruption to everyone else.

    This bill is crazy. To give relief to one group at the lowest skill level (EB3 India), they bring misery to people from all other countries. Seriously, there has to be a more equitable way to give relief to EB3 India.
  18. Limbo's Avatar
    Oh, BTW the anna post is obviously fake. It's meant to be a strawman caricature of those who are against the bill, as if we are all stupid racists.
  19. SEP2004EB3India's Avatar
    "Oh, BTW the anna post is obviously fake. It's meant to be a strawman caricature of those who are against the bill, as if we are all stupid racists."

    whatever.

    "One has to wonder if HR3012 could be challenged in court since it is the product of lobbying by mostly foreign nationals. Is it legal for foreign nationals to write American laws through intensive lobbying while interested American groups had virtually no say in the process (except for ones who would benefit from the changes, namely large India based IT "consulting" companies)?"

    Why don't you try that in the court. Lobbying is protected by the first amendment.
  20. Carlysle's Avatar
    Due to something called SPILLOVER RULES in the EB category. Indian and Chinese already get around 50-60% of the visas. The whole problem is this:

    more than any other Nation, Indians apply for EB green card. Primary reason for this is the existence of Indian Consulting Firms Like InfoSys and Satyam in US. These companies file for 100K Plus Visas each year. The process is extremely inefficient for verification and in case of MAJORITY of Indian High-Skilled immigrants, they dont even have US degrees. So these companies submit "Evidence" of the skill of these individuals with experience in IT in obscure towns in India and degrees from obscure Indian Universities. When these individuals come over here and replace American workers, they dont have any real skills. They recieve training AS THEY ARE WORKING in a highly skilled job and are given support by the Consulting firm that brought them because they are working practically for free. After "laundering" their experience by working for 4-5 years and making the consulting a fortune in consulting fees earned on their behalf, they switch jobs and file for green card. At this point their experience is valid (at least for the past 3-4 years) and they have effectively replaced the American worker.
    "The U.S. CITIZENSHIP AND IMMIGRATION SERVICES "H-1B Benefit Fraud & Compliance Assessment" of September 2008 concluded 21% of H1-B visa granted originate from fraudulent applications or applications with technical violations"

    So now these people end up in the Green Card Queue. The problem is RAMPANT in INDIAN IT Worker's case because there are these BILLION dollar consulting firms that are committing these frauds. JUST SEARCH SATYAM, IGATE, PATNI, INFOSYS and the like and see how many H1bs they file each year. NONE of the other countries, EVEN CHINA, has these visa mill firms making billions. This is a systematic abuse of the American system. The only deterrent to these individuals is the long wait time. And now, all these people waiting in the queue working in jobs and having real experience now and money earned in America have collected money and through ImmigrationVoice.org (a so called Immigrant Advocate org, which is in fact an Indian Immigrant advocate organization as proven by this bill that is against everyone but India and China) have hired lobbyist to influence congressmen. They realize that what is FAIR and UNETHICAL is secondary question and not how politics work in US, what matters is that you grease a few palms and put a label like "Fairness for immmigration" label to keep the American public (that is mostly unaware of the skilled immigration procedure) fooled. So they have done that and are trying to eat every one Else's lunch.

    ALL YOU NEED TO KNOW is that this bill will DO NOTHING other than reducing the wait time ONLY for the Indians already in the queue. THAT IS ALL. WTF do we need a bill that does nothing more than that? I will tell you why, because these Indians waiting in the queue, have amassed money by breaking into the US workforce unethically (if not illegally) and know that they can buy off senators (or at least contribute to their campaigns significantly). If you actually want to know HOW the lobbying machine is in the works just go to the IMMIGRATION VOICE website:
    http://immigrationvoice.org/forum/forum85-action-items-for-everyone/2579186-urgent-action-items-h-r-3012-senate-side.html

    They even gave pointers about how when members contact republicans they dont mention the Family Based limit going up to 15% from 7% (which would essentially allow more parents/relatives from Mexico, of American Born citizens, anchor babies in often cases) and mention this limit when they call democratic senators.
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