Specific retrogression and labor certification measures we are fighting for

[stucklabor]

Comments are invited from other users. Does the priority order seem to be correct?

1. Ability to file for I485 even with visa number unavailability.

2. Increase H1B extensions after the 6th year to 3 year terms for people with labor certification applications in the Backlog elimination centers. This helps people to extend their drivers' licenses for 3 years and to get H1B visa stamps every 3 years. This can be a one-time relief for pre-PERM labor certification applicants since PERM-based applicants can finish PERM and I140 in 1 year.

3. Recapture previous years' unused employment-based immigration quota from before fiscal 2006. This would provide one-time relief only.

4. If in any year going forward, the employment-based immigration quota is not used up, automatically recapture the unused numbers in succeeding years.

5. Eliminate dependents from the employment-based immigration numerical quota.

6. Increase the employment-based immigration numerical quota. Actual number TBD.

7. If dependents are not eliminated from the EB quota and if the EB quota is not increased, then prevent reallocation of EB ratios so that the Other workers category doesn't cannibalize EB1-3. Cornyn and Kyl propose increase in Other workers category.

8. Provide more insight into the processing methods of the Backlog Processing Centers. They were supposed to be First-In First-Out but that has not been the case. Dallas appears to be prioritizing RIR applications over non-RIR applications and is now approving RIR applications from Jan 2004. Philadelphia's processing appears to be extremely random.

9. Apply a $500 surcharge on each new H1B that is counted against the cap for two years and apply it solely to labor certification backlog elimination, to sunset after two years. This would raise $85 million and should allow the hiring of 400 additional contractors (200 per backlog center) for two years to solve the labor certification problem.

10. Allow people who have worked for more than three years in certain high-tech fields on H1B, prior to their immigration petition, to apply for adjustment of status AND get their green cards without regard to the numerical quota.

11. Allow people with advanced degrees from the United States in Science, Math and Technology to automatically apply for adjustment of status AND get their green cards without regard to the employment-based numerical quota.

12. Eliminate the labor certification program. Producing an American able and willing to do the job is the job of DOL, not the employer. File a lawsuit to make DOL stick to the letter of the law.

[admin]

Please leave comments with respect to what you think our priority should be and also any additional measures. We would not be able to get all these measures but atleast we will know what we can negotiate for.

[stucklabor]

Probably bad form to follow up to my own post, but here goes:

We probably can't succeed in eliminating labor certification, but if a top-gun lawyer like Peter Schey or Rajiv Khanna are looking for something to take DOL on with, I have heard that according to the letter of the law, it is DOL's responsibility to produce an American qualified and willing to take the job. It is not the employer's or employee's responsibility to work on this.

[god_bless_you]

1. Ability to file for I485 even with visa number unavailability.
3. Recapture previous years' unused employment-based immigration quota from before fiscal 2006. This would provide one-time relief only.
6. Increase the employment-based immigration numerical quota. Actual number TBD.
2. Eliminate dependents from the employment-based immigration numerical quota.

[black_logs]

I would add/modify 2 points
1) remove the country limit. As most of the Employment based Visas are used by H1B's. H1B does not have a country limit so there should not be any country limit on the green cards
2) For the 3 year extension thing, please make it 3 years in all circumstances. Just replace 1 year with 3 years. Abolish 1 year all together, if that does not succeed you can ask for just 1 time as a releif for the people in backlog centers. Eventually the current Labor will also become slow and I-140 is already showing delays.
Please talk to Rick and see, if this can't be achieved ask for atleast 1 time releif.

Thanks

[Sandeep]

Originally Posted by stucklabor

Comments are invited from other users. Does the priority order seem to be correct?

1. Ability to file for I485 even with visa number unavailability.

Recommendations:
-I would rephrase this as "Ability to file for I485 with full portability benefits even with visa number unavailability"
-And somewhere after 6, I would say " Increase per country quota from the current 7% to a more feasible number like 10% since work visas have are associated with skills rather than ethnic diversity"
Other than that, I agree with your list. Thanks for the compilation

[stucklabor]

Sandeep, as soon as one files for I485, one is entitled to all the benefits of I485, including portability, EAD and AP. So adding the phrase "with full portability benefits" may be redundant?!

A suggestion was made on email that we should shoot for removal of all country quotas on EB visas. I like your wording, so will rephrase to:

"Remove all per-country quotas on EB visas - or increase the per country maximum to a more realistic 15% - since work visas are associated with skills rather than ethnic diversity."

Originally Posted by Sandeep

Recommendations:
-I would rephrase this as "Ability to file for I485 with full portability benefits even with visa number unavailability"
-And somewhere after 6, I would say " Increase per country quota from the current 7% to a more feasible number like 10% since work visas have are associated with skills rather than ethnic diversity"
Other than that, I agree with your list. Thanks for the compilation

[javaconsultant]

Points 10,11 and 12 are nice to have...They have less chance of being approved....Lets not focus on them too much...
-- Elimination of Labor Certification would be huge step and would require lot of legislative and legal fuel for it.
-- 10 and 11 are also really difficult issues.For these steps to be taken, the existing laws of GC and numerical limits have to be eliminated/modified.
This would be really tough given the enviornment today(lot of anti-immigration sentiment these days even though it is focused on illegal immigrants...we are affected by it as well).............

Key point is 1) FILING OF 485 WITHOUT A VISA NUMBER WITH FULL PORTABILITY...This would be easy to pass as Green card numbers would stay the SAME and no major modification is done to the existing law(legislators would be more motivated to take such steps).

Also the applicant would benefit from this point--He/she can change jobs,spouse can work on EAD......

Originally Posted by stucklabor

Comments are invited from other users. Does the priority order seem to be correct?

1. Ability to file for I485 even with visa number unavailability.

2. Increase H1B extensions after the 6th year to 3 year terms for people with labor certification applications in the Backlog elimination centers. This helps people to extend their drivers' licenses for 3 years and to get H1B visa stamps every 3 years. This can be a one-time relief for pre-PERM labor certification applicants since PERM-based applicants can finish PERM and I140 in 1 year.

3. Recapture previous years' unused employment-based immigration quota from before fiscal 2006. This would provide one-time relief only.

4. If in any year going forward, the employment-based immigration quota is not used up, automatically recapture the unused numbers in succeeding years.

5. Eliminate dependents from the employment-based immigration numerical quota.

6. Increase the employment-based immigration numerical quota. Actual number TBD.

7. If dependents are not eliminated from the EB quota and if the EB quota is not increased, then prevent reallocation of EB ratios so that the Other workers category doesn't cannibalize EB1-3. Cornyn and Kyl propose increase in Other workers category.

8. Provide more insight into the processing methods of the Backlog Processing Centers. They were supposed to be First-In First-Out but that has not been the case. Dallas appears to be prioritizing RIR applications over non-RIR applications and is now approving RIR applications from Jan 2004. Philadelphia's processing appears to be extremely random.

9. Apply a $500 surcharge on each new H1B that is counted against the cap for two years and apply it solely to labor certification backlog elimination, to sunset after two years. This would raise $85 million and should allow the hiring of 400 additional contractors (200 per backlog center) for two years to solve the labor certification problem.

10. Allow people who have worked for more than three years in certain high-tech fields on H1B, prior to their immigration petition, to apply for adjustment of status AND get their green cards without regard to the numerical quota.

11. Allow people with advanced degrees from the United States in Science, Math and Technology to automatically apply for adjustment of status AND get their green cards without regard to the employment-based numerical quota.

12. Eliminate the labor certification program. Producing an American able and willing to do the job is the job of DOL, not the employer. File a lawsuit to make DOL stick to the letter of the law.

[gc_vsc]

Provide temporary(interim) green-cards having all the privileges of the permanent card for those who have received the labor certification or have applied for Green Card for certain period of time with the petitioning employer.

This request was part of ISN.com agenda when they campaiged during 1999

[stucklabor]

The subject says it all. Can we ask to be separated from the 245(i) crowd and hence get some relief for EB3s - assuming the 245(i) crowd is mostly EB3?

[stucklabor]

I am not sure that I agree on point #11. It may be easier to sell to a lawmaker - they all seem to understand that the US needs to retain its technological edge - than the points that call for removal of dependents from the EB quota and increase of the EB quota.

Originally Posted by javaconsultant

Points 10,11 and 12 are nice to have...They have less chance of being approved....Lets not focus on them too much...
-- Elimination of Labor Certification would be huge step and would require lot of legislative and legal fuel for it.
-- 10 and 11 are also really difficult issues.For these steps to be taken, the existing laws of GC and numerical limits have to be eliminated/modified.
This would be really tough given the enviornment today(lot of anti-immigration sentiment these days even though it is focused on illegal immigrants...we are affected by it as well).............

Key point is 1) FILING OF 485 WITHOUT A VISA NUMBER WITH FULL PORTABILITY...This would be easy to pass as Green card numbers would stay the SAME and no major modification is done to the existing law(legislators would be more motivated to take such steps).

Also the applicant would benefit from this point--He/she can change jobs,spouse can work on EAD......

[indio0617]

Originally Posted by stucklabor

The subject says it all. Can we ask to be separated from the 245(i) crowd and hence get some relief for EB3s - assuming the 245(i) crowd is mostly EB3?

I agree ....That alone would be a big fix.

But how do we force (convince) DOL to own up to that ? As it is they are struggling to enforce FIFO with the LCs in the backlog center. If we pursue a lawsuit or some kind of administrative action it may create another set of problems and excuses for them to function...

[gc_maine2]

Hey Stucklabor, I am not sure how 245(i) works.. can you please point me a link or explain it..

Thanks

Originally Posted by stucklabor

The subject says it all. Can we ask to be separated from the 245(i) crowd and hence get some relief for EB3s - assuming the 245(i) crowd is mostly EB3?

[gc_maine2]

Excellent stucklabor, if we press for these issue atleast some will work out.

Thanks

Originally Posted by stucklabor

Comments are invited from other users. Does the priority order seem to be correct?

1. Ability to file for I485 even with visa number unavailability.

2. Increase H1B extensions after the 6th year to 3 year terms for people with labor certification applications in the Backlog elimination centers. This helps people to extend their drivers' licenses for 3 years and to get H1B visa stamps every 3 years. This can be a one-time relief for pre-PERM labor certification applicants since PERM-based applicants can finish PERM and I140 in 1 year.

3. Recapture previous years' unused employment-based immigration quota from before fiscal 2006. This would provide one-time relief only.

4. If in any year going forward, the employment-based immigration quota is not used up, automatically recapture the unused numbers in succeeding years.

5. Eliminate dependents from the employment-based immigration numerical quota.

6. Increase the employment-based immigration numerical quota. Actual number TBD.

7. If dependents are not eliminated from the EB quota and if the EB quota is not increased, then prevent reallocation of EB ratios so that the Other workers category doesn't cannibalize EB1-3. Cornyn and Kyl propose increase in Other workers category.

8. Provide more insight into the processing methods of the Backlog Processing Centers. They were supposed to be First-In First-Out but that has not been the case. Dallas appears to be prioritizing RIR applications over non-RIR applications and is now approving RIR applications from Jan 2004. Philadelphia's processing appears to be extremely random.

9. Apply a $500 surcharge on each new H1B that is counted against the cap for two years and apply it solely to labor certification backlog elimination, to sunset after two years. This would raise $85 million and should allow the hiring of 400 additional contractors (200 per backlog center) for two years to solve the labor certification problem.

10. Allow people who have worked for more than three years in certain high-tech fields on H1B, prior to their immigration petition, to apply for adjustment of status AND get their green cards without regard to the numerical quota.

11. Allow people with advanced degrees from the United States in Science, Math and Technology to automatically apply for adjustment of status AND get their green cards without regard to the employment-based numerical quota.

12. Eliminate the labor certification program. Producing an American able and willing to do the job is the job of DOL, not the employer. File a lawsuit to make DOL stick to the letter of the law.

[stucklabor]

My understanding is that 245(i) allowed people who had been out of status at some point to apply for GC through the EB route. Apr 30, 2001 was the end of the amnesty program so people rushed in to get into queue. That is why Rest of the World is stuck at Apr 22, 2001, in the Feb 2006 visa bulletin. We need to somehow get these people to the back of the line.

Originally Posted by gc_maine2

Hey Stucklabor, I am not sure how 245(i) works.. can you please point me a link or explain it..

Thanks