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Greg Siskind on Immigration Law and Policy

AND NOW FOR THE OTHER BIG NEWS - H-1B FILING FEE INCREASED TO $3000 IN SENATE BILL

Rating: 4 votes, 5.00 average.

It's baaack...



The Senate passed by a voice vote (that means it was unanimous) a measure to double the $1500 H-1B tariff to $3000. Was an increase in the H-1B cap included as part of the deal? What do you think? Here's the language of SA 3396, introduced by not-pro-business Chuck Grassley (R-IA) and Bernie Sanders, the socialist (he really is - that's not an insult) Vermont Senator.



Expect a fight on this when the bill gets to the House. Any massive tax increase associated with H-1Bs should only be accompanied by abolishing the anti-competitive H-1B cap all together.

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  1. MG's Avatar
    Greg,
    Does this new nurse amendment impact regular EB2/EB3 directly or indirectly?

    Thank you!
    MG.
  2. Greg Siskind's Avatar
    Indirectly. The 61,000 doesn't come out of the annual quota, but rather draws down from a pool of about 200,000 green cards not used since the current EB caps were put in place as part of the 1990 Act. Some of the EB numbers bills seek to pull additional numbers from those past years and now fewer will be available. I think the whole concept of claiming unused numbers from prior years is a bit of a silly mental crutch. No one wants to admit that we need more numbers than we did two decades ago so they go through this little charade or simply saying these were numbers Congress contemplated using anyway. They should just admit we need more numbers and shouldn't have any caps on immigrants who have the most to contribute economically and otherwise to the country.
  3. MG's Avatar
    Thank you, Greg! Truly appreciate your efforts to highlight immigration issues and their impact to American competitiveness.

    Best,

    MG.
  4. Greg Siskind's Avatar
    My pleasure. By the way MG, you might want to expand your handle lest you be confused with MG/Roy, a protectionist who regularly posts here.
  5. Legal Immi's Avatar
    "My pleasure. By the way MG, you might want to expand your handle lest you be confused with MG/Roy, a protectionist who regularly posts here.

    "

    I thought the same too ... How come MG got interested in EB2/EB3 ....
  6. Sid's Avatar
    Hammond Law says that the new fee is $3500. Couldn't find a link to the text.
  7. Sid's Avatar
    Found the text, it's $3000.
  8. Legal Immi's Avatar
    Sid ,

    Can you post the link or text
  9. Sid's Avatar
    SA 3396. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill H.R. 3043, making appropriations for the Departments of Labor, Health and Human Services, and Education, and related agencies for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

    At the appropriate place, insert the following:

    SEC. __. H-1B VISA EMPLOYER FEE.

    (a) In General.--Section 214(c)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(9)(B)) is amended by striking ``$1,500'' and inserting ``$3,000''.

    (b) Use of Additional Fee.--Section 286 of such Act (8 U.S.C. 1356) is amended by adding at the end the following:

    ``(w) Gifted and Talented Students Education Account.--

    ``(1) IN GENERAL.--There is established in the general fund of the Treasury a separate account, which shall be known as the `Gifted and Talented Students Education Account'. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account 50 percent of the fees collected under section 214(c)(9)(B).

    ``(2) USE OF FEES.--Amounts deposited into the account established under paragraph (1) shall remain available to the Secretary of Education until expended for programs and projects authorized under the Jacob K. Javits Gifted and Talented Students Education Act of 2001 (20 U.S.C. 7253 et seq.).''.
  10. Sid's Avatar
    Here's the link to all the ammendments -

    http://thomas.loc.gov/cgi-bin/query/C?r110:./temp/~r110pRbJbd
  11. Sid's Avatar
    Here's the link to all the ammendments -

    http://thomas.loc.gov/cgi-bin/query/C?r110:./temp/~r110pRbJbd
  12. Sid's Avatar
    Here's the link to all the ammendments -

    http://thomas.loc.gov/cgi-bin/query/C?r110:./temp/~r110pRbJbd
  13. Sid's Avatar
    Sorry for the multiple posts. Was trying to use the back button.
  14. legal-forever-waiting-forever's Avatar
    reverse brain drain:

    http://money.cnn.com/2007/10/18/news/international/google_india.fortune/index.htm
  15. USC's Avatar
    "Was an increase in the H-1B cap included as part of the deal? What do you think?"

    No, I was told that a deal was made but it was to smooth passage of the nursing amendment. The nursing amendment folks had the votes anyway but to ensure smooth passage they made a deal with Durbin, Grassley & Sanders (it wasn't Grassley & Sanders by themselves) and gave them their pound (ounce) of flesh. Also I was told that the fee was to be increased to $3,500 so I am not sure if the language of SA3396 was not amended.

    So, from what I was told I would conclude that there is no agreement to increase the H1b cap as of yet.

    I do want to add a caution. I have two sources one in the Senate and the other in the House. Unless both sources confirm something I won't post it here but my comments on the deal part are only from the Senate side.

    My Senate source also states that the DREAM act does not have 60 votes.

  16. USC's Avatar
    Sid, Legal Immi, LFWF,

    Rememeber your posts in the DREAM blog? While you were fighting over there, the nurses were stealing your GCs here! Teeheehee!

    Greg,

    Sorry, couldn't resist!
  17. r2i's Avatar
    USC - You are brutal. If you only you knew what people like us go through on a daily basis... Just you wait. In your next life. Karma will work its magic.
  18. Sid's Avatar
    I wasn't campaigning against the DREAM act or the reform for nurses. I would like some provisions that would make the USCIS/FBI accountable for the services they provide - strict deadlines for all types of applications. Ensure that and all other legislations for reform in EB immigration become unnecessary. The only reform that I would support is the one related to name checks. I think it's the first step towards that direction of providing guaranteed and timely service.

    Hate to burst your bubble, but I'm indifferent to this news. The same would hold true if the DREAM act passes tomorrow. None of these (or visa recapture for EB immigrants) would fix the broken immigration system. No amount of moving quotas up and down can fix a system that puts doctors and Java programmers in the same category, gives the same priority to an MIT grad and a support engineer from Infosys.
  19. legal-forever-waiting-forever's Avatar

    USC...what to do? we are a 'clan' or so we are told.
    any amount of protest that we support the kids getting benefits is not enough if we don't toe the line completely. it's also the first time i've been accused of being "numbers usa"...on the flip side i learnt that uscis is super cool, something is just wrong with me :-)

    i do worry that DREAM will clog the system like 245i did, i think it's a legitimate concern. i hope though that it passes- it may be the only hope for other immigration measures. the news from the senate is not good though.

    Durbin needs a few more Republican votes, let's hope he bends enough to negotiate some EB relief measures to ensure those votes....

    on that note: Greg, any idea why is the I-140 NIW NSC date stuck on Aug 1, 2006? It has not moved in a looong time. so much for 2 weeks to get an approval!
  20. USC's Avatar
    "USC - You are brutal.....In your next life. Karma will work its magic."

    Teehee!

    In this mornings ET, there is word of an Indo-US visa deal:


    http://economictimes.indiatimes.com/India_to_liberalise_visa_regime_for_American_scholars/articleshow/2484826.cms
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