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Greg Siskind on Immigration Law and Policy

DURBIN AMENDMENT EASILY APPROVED

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A provision in the Senate bill would allow for the recruiting requirements for Y visas to be waived if the Labor Department certifies a shortage (just as is the case with Schedule A for permanent residency cases). The Durbin Amendment would require recruiting in all cases regardless of how clear the shortage is to the federal government.



Senator Spector (R-PA) spoke against the amendment reminding members that workers are already protected and that nurses in particular would be affected by this. He indicated that this requirement would be a waste of time and money. Senator Durbin has become the anti-nursing immigration Senator in the last year so one cannot say the fact that he sponsored this amendment is surprising. He's also credited with getting the green card cap exemption for nurses stripped from the bill.



The real winners here, unfortunately, are the immigration lawyers like myself who will certainly have more work to do in Y visa cases. That's good news for the bottom line of my law firm, but it is still bad public policy.

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  1. Suhel 's Avatar
    I read from the synopsis of the current bill (the extract provide by you thankfully ) there is is no effort in the bill to remove the Employer based backlogs of the thousands of cases that are retrogressed currently. Is this a fact that the bill in the current form will not provide any relief to them and the numbers of visa's allocated to them will go down to 90 thousand?

    If this is true can you highlight this problem in your blog and is there any way to make our senators aware of this.This would not be a truly comprehensive reform if no effort is made to reduce the existing EB backlogs.
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