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Greg Siskind on Immigration Law and Policy

VISA BULLETIN NEWS DISMAL FOR ADVANCE DEGREE INDIANS

Rating: 13 votes, 3.77 average.

There's plenty of discouraging news to go around. Are you angry? Then channel that into advocacy to make your voice heard. Every person on line in the employment-based categories is on line because they can prove that they are filling jobs for which Americans are not available, their work is in the national interest, they're multinational executives and managers in companies employing many Americans, they are outstanding researchers and professors, they're star athletes and entertainers, etc. These are all people who can demonstrate that they are needed here and that they are making America stronger. So why are we limiting their numbers to an amount set in the 1980s?



As for the news, the EB-2 category for Indians has moved backwards by a full two years to January 2000. This means that advanced degree professionals - medical doctors, rocket scientists, etc. - are going to have to wait an unbelievable EIGHT years for a green card. EB-2 is actually behind EB-3, something that is an extremely rare occurrence. EB-3 numbers for Indians stayed put at 1 May 2001.



Congress needs to finally move to



1. Dramatically increase green card numbers for highly skilled workers and end green card caps all together for people in Schedule A occupations (those certified by DOL as having a severe shortage) or people serving the national interest (such as doctors in medically underserved areas, teachers in public school systems with teacher shortages, etc.).
2. Stop counting spouses and children in the quota
3. End per country limits since they result in dramatic disparities in the way immigrants are treated based on where they happened to have been born as opposed to the benefits they provide America
4. Allow applicants in the US on non-immigrant work visas to file adjustment applications when an I-140 is filed regardless of whether a visa number is available



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Comments

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  1. luvus's Avatar
    It's the irony of human thinking that they won't realize the worth of a thing, until they lose it. It's a shame that these skilled potential immigrants have to organize protests and raise their voice. Why in the first place these people are invited? Such recruitment programs should be totally stopped if there is no benefit. On the other hand if they are thought to be beneficial then the employment based immigration system has to be immediately fixed. The present complacency might have worked in the past. With the changing world economic environment, where the talent is gobbled up at the first available instance the complacency is a sure loser.
    The diversity, tolerance, opportunities, advanced science and technology and language made this great nation favored destination for the most talented in the world. One can only pity those who want to fritter away such wonderful advantage. The openness of this immigrant nation made it such a great country. You close it and the stagnation sets in with the self destruction wrought in.

    The funny thing is that the talent is the basis for employment which in turn is the basis for immigration and you discriminate that talent by the place of birth.

    There are no free lunches in the world and these employment based potential immigrants are brought in to this nation for a benefit and the current times are throwing sand in to the dinner plate. God bless America.
  2. USC's Avatar
    "Dramatically increase green card numbers for highly skilled workers and end green card caps all together for people in Schedule A occupations"

    I think the whole idea of quotas is outdated and Congress needs to take a serious look at something which no longer has any relevance in the 21st century.

    There is another country, one with a much larger population density, is English speaking, cannot call itself a nation of immigrants and might be justified in saying "England for the English" and imposing a quota but doesn't (despite persistent calls from the Conservatives).

    However, if a quota is to be retained in the US, perhaps the following suggestion could be adopted:

    http://www.deskdemon.com/pages/uk/newsalert/details?id=492

    "However, if such a limit or quota is to be implemented then, to avoid it harming UK businesses or public services, Dr Philpott argues that any quota system should allow employers the flexibility to breach the quota on payment of a migrant worker levy."

    Thankfully, the Conservative call for a quota in the UK was not accepted:

    http://www.4ni.co.uk/news.asp?id=33437

    "The Tory leader has called for an annual quota on the number of foreigners allowed to settle in the UK and the withdrawal from the international convention on refugees."

    Another example of how the UK encourages skilled immigration is their MBA Scheme. All you have to do is graduate from a school (in addition to the UK there are many from the US, Australia, other countries etc) given on the list below. No quotas, no employer sponsorship required. Just show up at the British Embassy with your degree and receive your immigrant visa. How's that for encouraging skilled immigration? The US has no excuse not to implement something like this.

    http://www.global-emigration.com/uk/hsmp-mba-provision.asp


  3. Sid's Avatar
    The UK may encourage skilled immigration but it continues to be an extremely racist country. The students in public schools are completely out of control. The kind of things that they say to teachers is unbelievable. Imagine what they say to the "brown" students. I have family in the UK and although they are close to becoming the UK equivalent of LPRs, they've started planning to move back to India.

    Fortunately, the US takes racism very seriously and hence remains an attractive place to emigrate in spite of the arbitrary quotas.
  4. jacob's Avatar
    This is very disappointing. I am sure people will not be waiting for a green card that takes so long and also as time passes it is becoming less attractive
  5. USC's Avatar
    "This is very disappointing"

    Yes. But hardly unexpected after INS' visa party!
  6. cooler's Avatar
    This is really disappointing. All the people who have been waiting in line for so long have to make a choice between a progressive career path or staying in this country. Certainly, the government does not expect people to be in one designation for 8 years just to get Permanent Residency.
  7. bobzibub's Avatar
    Is it likely that congress/president will move on these issues in this environment when they have not moved on so many other pressing ones?

    -There are overt bigots running for president successfully creating a schism between economic have-nots and immigrants.
    -There is an expensive war being fought. With no obvious end.
    -There is a pending recession.
    -There are financial/fiscal strains all over.
    -There is a health care crisis that won't be solved without punishing a whole industry. (Read punishment of political donors)
    -There is a pending election.
    -global warming issues being ignored.

    In this environment I do not see how change on immigration issues will be anywhere on the stove, let alone the front burner. Even treaty obligations in this area are being called into question: http://www.rabble.ca/news_full_story.shtml?sh_itm=5764f99b85f84ac086aa782f30e411a6&rXn=1&

    In the face of all this, the politically expedient thing for the political establishment is to do is nothing. And in that, they have been overwhelmingly successful.

    I ask: what force can move the political system now? I think that the only way to make it happen is if we bankroll an entire political party. Perhaps after the election, if the US elects someone with a radical change in outlook. (That'd be good for Americans as well as us.)
  8. Ram Narasimhan's Avatar
    Dramatically increase green card numbers for highly skilled workers and end green card caps all together for people in Schedule A occupations. All the Nurses will either move to UK or Canada and the growing senior population will have a severe health crisis.
  9. hmm's Avatar
    I am not sure where on earth you guys come from and why are you so surprized at this news, but I know lots of people who waited for a green card for 7 years or more, and many of them are not from India or China; those guys often wait even longer due to country quotas.. When you add past labor certification backlogs, name checks, layoffs (after which you have to start from zero), country quotas... it adds up. And I think the fact that EB2 is retrogressed for India/China is no surprise after what happened in the summer.
  10. quiscustodiet's Avatar
    The situation actually may be worse than stated here. It's not that new filings will reach the head of the queue in 8 years; it's that January 2000 filings HAVE TAKEN that long to reach the head of the queue. At this rate, assuming each year saw more filings than the prior year, somone who files in January 2008 will wait LONGER than 8 years.
  11. Sandy's Avatar
    There has to be at the very least an accountability and a call to question the denizens of DOL/USCIS who have done the equivalent of a Formula One during most of 2007. First bungling through quotas and visa numbers and making everything current, then backtracking and refusing to accept applications and then backtracking again to open all doors and now this.

    This will be grounds enough for firing in any other industry. such incompetence and bungling does not even get a hearing from higher authorities to decide if this department of the government is working according to basic norms of governance.

    I am not even beginning to talk about issues like sensitivity to lives and lives of their families who are being asked to put a stop to to their life for an indefinite period of time.

    People begin to explore options in times like this and guess how that will impact the industry in America.
  12. hmm's Avatar
    Unfortunately many H1B's who come here do not realize how long they will have to wait. The wait is especially hard if they are married and the spouse has no independent route to GC: the spouse is on H4 and they have no right to work, no right for a ssn, and in most states no way to open a bank account or get a driver's licence. And unlike unauthorized immigrants who have little to lose, those H4s will have to follow the laws: no work for cash, no driving without a licence etc. (Please do not take this as an attack on unauthorized immigrants... it is not!) Doing this for 7-10 years can be really devastating, and I wish this situation was widely known. Maybe then there would not be that many applicants for H1B visas.
  13. 's Avatar
    "Maybe then there would not be that many applicants for H1B visas. "

    This is why the heavy use of H1B by outsourcing companies is the best thing that happened in a long time for prospective EB immigrants. These companies are using it for its intended purpose of temporary staffing and therefore their employees do not face the limitations of other people who are in fact using the H1B as a bridge to a green card.

    US employers are now being forced to align their interests with those of their employees. In this case it employees are now brought in on L1A/EB1C or L1B, both of which have fewer restrictions than H1B.


  14. EB3INDIA2004 's Avatar
    Was this a surprising news for me?, No not all . When I started my GC application I thought I would complete the process in 3 years. After 3 years I am adding another 5 or 7 years. Even if congress were to pass a legislation tomorrow I will not get my green card for 2 more years.

    Is there anything that I am not doing because I dont have green card , not really. Life goes on with GC or without GC. I will go back India if I have to . I will not go without a fight for anything I like.

    Sometimes I think there are millions who want to be in my situation.
  15. voting with their feet's Avatar
    Trackitt has become a favorite hangout place for people who've been going through the loooog and uncertain EB immigration process. It seems now folks are starting to vote with their feet..
    http://www.trackitt.com/discussion-forums/i140/47630999/last-page/
  16. hmm's Avatar
    > Is there anything that I am not doing because I dont have green > card , not really.

    Sure, if you are single (or if your wife has an alternative GC route), and if you do not want to travel often, then waiting is quite tolerable.

  17. EB3INDIA2004 's Avatar
    "Sure, if you are single (or if your wife has an alternative GC route), and if you do not want to travel often, then waiting is quite tolerable"

    Yeah you are true to certain extent. I am single and dont have any alternative route though . I dont travel so often either ..
  18. vb2012's Avatar
    Why doesn't the law provide country based visa limits to H1/L1 visas (which are supposed to be dual intent anyways) - That would have prevented the surging demand for immigrant visas from any country thats leading to this situation. Either keep the diversity clause for everything or nothing!
  19. EB3INDIA2004 's Avatar
    "Why doesn't the law provide country based visa limits to H1/L1 visas (which are supposed to be dual intent anyways) - That would have prevented the surging demand for immigrant visas from any country thats leading to this situation. Either keep the diversity clause for everything or nothing!"

    More than 11000 Indians receiving green cards is bad for diversity but they are good enough to get H1Bs and pay social security.
  20. b's Avatar
    While we are at it, maybe country quota on student visa should also be imposed.

    Tell me how can one advice kids from India about coming to US for studies. I know, I know its a student visa but after they get trained in the graduate school here, get absorbed into the workforce on H1b, to ask them to wait 15 yrs to settle down would be unfair.

    I would do the Indian students a favor by discouraging them from coming to the US.
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