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  #1 (permalink)  
Old 02-25-2006, 10:31 AM
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Default Analysis of Specter's Markup to Comprehensive Immigration Bill

Here is the analysis of Employment Based Green Cards (EB GC) related clauses in Specter's markup of the Comprehensive Immigration Bill. This is not definitive. Only our opinion and subject to errors in judgement.

Remove applicants with certain Advanced degrees from the EB quota
Those with advanced degrees in Science, Technology, Engineering and Math are taken out of the quota. But note the applicant must have worked in a related field in the US for 3 years prior to their application. So if you started working in Jan 2001 and applied for GC in Dec 2003, you are still in the quota and not outside of it. Could take out 20-50% of EB-2 applicants from quota.

Many of EB1 applicants and all of EB-2 National Interest Waiver are removed from the quota
Applicants with extraordinary ability or outstanding researchers are removed from the quota. This leaves only the Multinational executives in the EB-1 quota.

Remove all direct dependents from the Quota
Direct dependents of all EB GC applicants removed from the quota. The best clause for us. All positive.

Direct adjustment of status for those with certain PhDs
Those with PhDs in Mathematics, Engineering, Technology and Physical Sciences and are currently working can directly apply for Adjustment of Status. I am not able to find any rationale as to why they specifically mentioned Physical Sciences here. Every where else they have just mentioned "Sciences".

Above changes applicable to existing applications and new applications
Good again.

Special labor certification processing for those with certain advanced degrees from the US
If you have an advanced degree in sciences, technology, engineering or mathematics from a US university, there will be a special labor approval process for you. Not sure of the details of this.

Increase in H1-B
Increase H1-B quota to 115,000 from the fiscal year following the enactment of this law. Also removes those with advanced degree in science, technology, engineering and math from the quota. Allow for increase of the quota by 120% if the quota is reached in the previous year.

Increase in EB quota
Increase the quota to 290,000. Recapture the previous year's quota if it is not filled up. Recapture those EB Green Cards lost from 2001 to 2005. All positive

Immigrant visas given to spouses and children after Oct 1 2004 to be recaptured.
Great again. Likely to give an one time boost of more than 150,000 to the quota

Change of allocation of the quotas
Reduce EB-1 and EB-2 from 28.6% to 15% each. So despite the increase in overall quota from 140,000 to 290,000, the quota for each of these categories then increases only marginally from 40,000 to 43,500. Increase EB-3 to 35% from 28%. This increases EB-3 quota from 40,040 to 101,500. Create a new class for other workers with a max limit of 30%.

Increase in per country quota to 10 percent from 7 percent
Good but only marginally so. See below.

Strikes out the section about removing per country restriction if EB GCs are not used by the end of the quarter.
This is very bad news for those from the heavily retrogressed countries like India and China. In the previous years, applicants from India and China got the remainder of those visas that were not consumed by the rest of the world. This strike drastically reduces the actual number of GCs given to people from these countries.

No mention of filing for I-485 when Priority dates are retrogressed.

Last edited by admin; 02-25-2006 at 01:00 PM.
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  #2 (permalink)  
Old 02-25-2006, 10:51 AM
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The last 2 clauses can be dangerous at different times. Ability to file I-485 would be wonderful!
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  #3 (permalink)  
Old 02-25-2006, 11:12 AM
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Admin:

...is this from the bill which is separate from PACE? I ask bcos some of the language seems very similar to PACE, including the physical sciences part! And what exactly does senator Specter's "markup" mean? Is there a link to the contents of above?

I also think the last 2 negative clauses, esp wrt to filing I485 even when numbers are retrogressed needs to be fought for. I think a good campaign can convince Sen Specter of these.
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  #4 (permalink)  
Old 02-25-2006, 11:57 AM
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Quote:
Originally Posted by helpful_leo
Admin:

...is this from the bill which is separate from PACE? I ask bcos some of the language seems very similar to PACE, including the physical sciences part! And what exactly does senator Specter's "markup" mean? Is there a link to the contents of above?

I also think the last 2 negative clauses, esp wrt to filing I485 even when numbers are retrogressed needs to be fought for. I think a good campaign can convince Sen Specter of these.
Helpful_leo,

This is Specter's markup to Comprehensive Immigration Bill. It tries to consoldiate and bring out one single bill for all the immigration reform bills. This is only a markup and still needs to be discussed on the senate. Here is the link to markup http://www.aila.org/content/default.aspx?docid=18639 and here is the link to the Immigration and Naturalization Act which is repeatedly referred in the document.

We are working on IV's response to correct some of the clauses

Last edited by admin; 02-25-2006 at 12:02 PM.
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  #5 (permalink)  
Old 02-25-2006, 12:56 PM
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Default Is it true that per country quota is now strict?

Admin:

Paragraph (a)(5) of 8 USC 1152 is struck out completely. This says that EB immigrants of each category are not subject to country quotas when additional visas are available. For instance, if EB2 visas are available, EB2 alone will not be subject to country quota. There is now no distinction between EB and FB immigrants.

However, in general, paragraphs (a)(2) and (a)(3) do say that country quotas will not apply when additional visas are available. What can we conclude?

(2) Per country levels for family-sponsored and employment-based immigrants
Subject to paragraphs (3), (4), and (5), the total number of immigrant visas made available to natives of any single foreign state or dependent area under subsections (a) and (b) of section 1153 of this title in any fiscal year may not exceed 7 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas made available under such subsections in that fiscal year.
(3) Exception if additional visas available
If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 1153 of this title for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
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  #6 (permalink)  
Old 02-25-2006, 01:34 PM
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For those who don't have access to AILA, here is the markup document.
Attached Files
File Type: pdf Comprehensive Bill.pdf (480.3 KB, 152 views)

Last edited by admin; 02-25-2006 at 01:45 PM.
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  #7 (permalink)  
Old 02-25-2006, 01:44 PM
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Default Please Contact Mr Specter for amendment

http://boards.immigrationportal.com/...d.php?t=205274
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  #8 (permalink)  
Old 02-25-2006, 02:23 PM
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Admin,

Thanks for summarizing Specter's proposed bill. Can you clarify the following:

******************
Remove applicants with certain Advanced degrees from the EB quota Those with advanced degrees in Science, Technology, Engineering and Math are taken out of the quota. But note the applicant must have worked in a related field in the US for 3 years prior to their application. So if you started working in Jan 2001 and applied for GC in Dec 2003, you are still in the quota and not outside of it. Could take out 20-50% of EB-2 applicants from quota.
*****************

- Would this apply if your labor is filed as EB-3 even though you have an MS/PhD degree?

********************
Direct adjustment of status for those with certain PhDs
Those with PhDs in Mathematics, Engineering, Technology and Physical Sciences and are currently working can directly apply for Adjustment of Status. I am not able to find any rationale as to why they specifically mentioned Physical Sciences here. Every where else they have just mentioned "Sciences".
************************

- Where is this mentioned in Specter's bill? I know this is section 313 in the PACE act
- Would you need to file a I-140 also?
- Would this apply to people who have already received a Ph.D. from an accredited US university and currently empolyed or would it only apply to future PhDs (the current language of the PACE act seems to point towards the latter).
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  #9 (permalink)  
Old 02-25-2006, 02:29 PM
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Default Alpha_centauri

Alpha_centauri, start helping yourself.

The admins here have access only to the same bills/markups/text that you do.

If a bill says 'applicants with advanced degrees are exempt from the quota', I would take it at face value and conclude that an Eb-3 with an advanced degree would be exempt from the quota.

Ditto searching through Specter's bill for the provision which is Section 313 of PACE.

It is not fair to ask overloaded volunteers to look through a publicly available bill for a provision, something that you can do yourself. If Specter's bill mentions that paragraph (a)(5) of 8 USC 1152 is to be deleted, do a Google search for 8 USC 1152 and look up the paragraph which is to be deleted.

From your other post in another thread, it appears that you are a PhD. If you expect a regular engineer to wade through one of your papers and understand, maybe it is not unfair for me to ask you to do the same thing ;-) re a bill/markup.

My 2c.


Quote:
Originally Posted by alpha_centauri
Admin,

Thanks for summarizing Specter's proposed bill. Can you clarify the following:

******************
Remove applicants with certain Advanced degrees from the EB quota Those with advanced degrees in Science, Technology, Engineering and Math are taken out of the quota. But note the applicant must have worked in a related field in the US for 3 years prior to their application. So if you started working in Jan 2001 and applied for GC in Dec 2003, you are still in the quota and not outside of it. Could take out 20-50% of EB-2 applicants from quota.
*****************

- Would this apply if your labor is filed as EB-3 even though you have an MS/PhD degree?

********************
Direct adjustment of status for those with certain PhDs
Those with PhDs in Mathematics, Engineering, Technology and Physical Sciences and are currently working can directly apply for Adjustment of Status. I am not able to find any rationale as to why they specifically mentioned Physical Sciences here. Every where else they have just mentioned "Sciences".
************************

- Where is this mentioned in Specter's bill? I know this is section 313 in the PACE act
- Would you need to file a I-140 also?
- Would this apply to people who have already received a Ph.D. from an accredited US university and currently empolyed or would it only apply to future PhDs (the current language of the PACE act seems to point towards the latter).

Last edited by stucklabor; 02-25-2006 at 02:35 PM.
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  #10 (permalink)  
Old 02-25-2006, 06:32 PM
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Default Partial Summary of Select Provisions in Senator Specter's February 23 Draft Comprehe

More Family and Worker Visas
* The cap on family-based immigrants would be raised by exempting immediate relatives of U.S. citizens from counting against the worldwide cap of 480,000.

* Family preference visas, therefore, would increase from the current 226,000 to 480,000, and would be re-allocated among the existing preference categories and permit the recapturing of visas that go unused due to processing delays.

* Per-country immigration limits would be increased slightly.

* Employment-based green cards would be increased to 290,000 from 140,000; visas that go unused due to processing delays would be recaptured; and per-country limits would be slightly expanded.

* 'Essential workers' (or lesser-skilled 'other workers' in the current system) would be given 30% (87,000) of the employment-based visa total.

Read it here:
http://www.immigrantsolidarity.org/c...ArticleID=0438
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  #11 (permalink)  
Old 02-26-2006, 01:55 PM
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Default Advanced degrees?

Quote:
Originally Posted by admin
Here is the analysis of Employment Based Green Cards (EB GC) related clauses in Specter's markup of the Comprehensive Immigration Bill. This is not definitive. Only our opinion and subject to errors in judgement.

Remove applicants with certain Advanced degrees from the EB quota
Those with advanced degrees in Science, Technology, Engineering and Math are taken out of the quota. But note the applicant must have worked in a related field in the US for 3 years prior to their application. So if you started working in Jan 2001 and applied for GC in Dec 2003, you are still in the quota and not outside of it. Could take out 20-50% of EB-2 applicants from quota.
I'm guessing this works the same way as it is currently in H1B visa quota.

How about someone who holds a Bachelors degree from India and has 3yrs of experience prior to their application?
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  #12 (permalink)  
Old 02-26-2006, 02:12 PM
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Quote:
Originally Posted by bostonqa
Quote:
Originally Posted by admin
Here is the analysis of Employment Based Green Cards (EB GC) related clauses in Specter's markup of the Comprehensive Immigration Bill. This is not definitive. Only our opinion and subject to errors in judgement.

Remove applicants with certain Advanced degrees from the EB quota
Those with advanced degrees in Science, Technology, Engineering and Math are taken out of the quota. But note the applicant must have worked in a related field in the US for 3 years prior to their application. So if you started working in Jan 2001 and applied for GC in Dec 2003, you are still in the quota and not outside of it. Could take out 20-50% of EB-2 applicants from quota.
I'm guessing this works the same way as it is currently in H1B visa quota.

How about someone who holds a Bachelors degree from India and has 3yrs of experience prior to their application?
Actually No, the special quota for H1B says advanced degree from the US but this section does not say that the Advanced Degree should be from the US. Also here it does not say "Advanced Degree or Equivalent", so Bachelors plus 3 years might not count for this section
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  #13 (permalink)  
Old 02-27-2006, 02:09 PM
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The Judiciary Committee will debate immigration reform on 3/2/06.
http://www.aila.org/RecentPosting/Re...stingList.aspx
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  #14 (permalink)  
Old 02-27-2006, 03:15 PM
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I did not find any mention about it in the Senate Judiciary Committee's website!
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Old 03-07-2006, 10:55 AM
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Default Immigration Reform debate (SJC) - II, Tomorrow (March 8)

March 8, 2006 at 9:30 a.m
http://judiciary.senate.gov/meeting_notice.cfm?id=1795
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