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  #1 (permalink)  
Old 04-17-2013, 12:37 PM
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Question CIR: Pending EB backlog removal discussion

CIR: Pending EB will be approved in 7 batches starting FY2015 and ending in FY2021?

Unless I am getting this wrong, it appears to me that:
All EB based applicants whose application is pending for 5 years the day before this law is enacted, will be divided into 7 batches(i.e. with priority date upto 2008, approx). And each batch will be approved starting FY2015 and ending in 2021.

(Page 269)
17 SEC. 2302. MERIT-BASED TRACK TWO.

(Page 270)
4 (c) ELIGIBILITY.—Beginning on October 1, 2014, the
5 following aliens shall be eligible for merit-based immigrant
6 visas under this section:
7 (1) EMPLOYMENT-BASED IMMIGRANTS.—An
8 alien who is the beneficiary of a petition filed before
9 the date of the enactment of this Act to accord sta
10 tus under section 203(b) of the Immigration and
11 Nationality Act, if the visa has not been issued with
12 in 5 years after the date on which such petition was
13 filed.

(Page 271)
(d) ALLOCATION OF EMPLOYMENT-SPONSORED
14 MERIT-BASED IMMIGRANT VISAS.—In each of the fiscal
15 years 2015 through and including 2021, the Secretary of
16 State shall allocate to aliens described in subsection (c)(1)
17 a number of merit-based immigrant visas equal to 1⁄7 of
18 the number of aliens described in subsection (c)(1) whose
19 visas had not been issued as of the date of the enactment
20 of this Act.
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  #2 (permalink)  
Old 04-17-2013, 02:57 PM
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Hi

I think you are right...but dont know how merit based GC will work...

Thanks
Rakesh
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  #3 (permalink)  
Old 04-17-2013, 03:21 PM
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From my understanding:
The point based system is track 1.
The (5 year)pending EB will be approved automatically (no points) in track 2. But it will take 7 batches and 7 years starting 2015 and ending 2012.
Long wait for EB.
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  #4 (permalink)  
Old 04-17-2013, 03:39 PM
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Again from my understanding:

Recapture will only start in FY2015.
Irrespective of (and despite) recapture (5 year)pending EB will only be approved in 7 batches for 7 years. Recapture won't facilitate faster approval.

(Page 276)
3 SEC. 2304. WORLD-WIDE LEVELS AND RECAPTURE OF UN4
USED IMMIGRANT VISAS.
5 (a) EMPLOYMENT-BASED IMMIGRANTS.—Section
6 201(d) (8 U.S.C. 1151(d)) is amended to read as follows:
7 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED
8 IMMIGRANTS.—
9 ‘‘(1) IN GENERAL.—
10 ‘‘(A) WORLDWIDE LEVEL.—For a fiscal
11 year after fiscal year 2015, the worldwide level
12 of employment-based immigrants under this
13 subsection is equal to the sum of—
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  #5 (permalink)  
Old 04-18-2013, 12:01 AM
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Friends,

Let us discuss and understand what some specific sections of the bill pertinent to EB(EB3 and EB2) are implying.

Here is what I understood so far:
*FY-2014(01-Oct-2013 to 30-Sept-2014) will follow the current system and EB may move a few months.
*A new immigration system with new definitions/pools/categories will be in place from FY-2015.
Under the new system:
*The pending EB applicants will go into "MERIT-BASED TRACK TWO".
*The future EB applicants will go into "MERIT-BASED POINTS TRACK ONE" which is points based as the title says.

The following will happen in FY-2015:
1) Country quota will be eliminated - FY-2015.
2) Dependents are not counted as separate numbers - FY-2015.
3) Visa recapture - FY-2015.

4) Here is the most important part for EB: the benefit from the above three, i.e. country quota elimination, accounting dependents under the same number and visa recapture will not flow to EB(or FB or any old categories) directly.

The benefits of the above the three will only be tapped/opened with the new immigration system and will accrue to larger categories and pool of immigrants that are newly allowed under the new law.
All pending EB, under merit-based track two, will be allotted visas(GCs) in seven batches for seven years starting FY-2015 to FY-2021.
i.e. if you fall into the first batch you will get the GC in FY-2015 and the seventh batch will get the GC in FY-2021.
It is not clear how they are proposing to divide the pending EB into seven batches. One assumption would be priority date.

-------------------------------------------------------
(Page 269)
17 SEC. 2302. MERIT-BASED TRACK TWO.

(Page 270)
4 (c) ELIGIBILITY.—Beginning on October 1, 2014, the
5 following aliens shall be eligible for merit-based immigrant
6 visas under this section:
7 (1) EMPLOYMENT-BASED IMMIGRANTS.—An
8 alien who is the beneficiary of a petition filed before
9 the date of the enactment of this Act to accord sta
10 tus under section 203(b) of the Immigration and
11 Nationality Act, if the visa has not been issued with
12 in 5 years after the date on which such petition was
13 filed.

(Page 271)
(d) ALLOCATION OF EMPLOYMENT-SPONSORED
14 MERIT-BASED IMMIGRANT VISAS.—In each of the fiscal
15 years 2015 through and including 2021, the Secretary of
16 State shall allocate to aliens described in subsection (c)(1)
17 a number of merit-based immigrant visas equal to 1⁄7 of
18 the number of aliens described in subsection (c)(1) whose
19 visas had not been issued as of the date of the enactment
20 of this Act.
-------------------------------------------------------
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  #6 (permalink)  
Old 04-18-2013, 10:37 AM
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Any impact of Diversity visa change on EB?
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  #7 (permalink)  
Old 04-18-2013, 10:51 AM
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Diversity Visa will be repealed from FY-2015. The Visa's freed by this will not flow into EB, but will go to the general pool from FY-2015.

Remember pending EB will not benefit directly from freeing/re-accounting of anything for this simple reason: "Pending EB will approved in 7 fixed batches in 7 years"

To satisfy the groups/lobbies who are resisting the repeal of diveristy Visa, they are now allotting extra points(50 I think) in the merit-based points track 1, if you are from a country that received less than 50,000 Visas in the previous fiscal year. But pending EB will not fall under points based track one.

The benefit will not flow into EB.
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  #8 (permalink)  
Old 04-22-2013, 05:52 PM
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Default 3 amendments submitted to address this

Quote:
Originally Posted by dkar View Post
The following will happen in FY-2015:
1) Country quota will be eliminated - FY-2015.
2) Dependents are not counted as separate numbers - FY-2015.
3) Visa recapture - FY-2015.

4) Here is the most important part for EB: the benefit from the above three, i.e. country quota elimination, accounting dependents under the same number and visa recapture will not flow to EB(or FB or any old categories) directly.

The benefits of the above the three will only be tapped/opened with the new immigration system and will accrue to larger categories and pool of immigrants that are newly allowed under the new law.
All pending EB, under merit-based track two, will be allotted visas(GCs) in seven batches for seven years starting FY-2015 to FY-2021.
i.e. if you fall into the first batch you will get the GC in FY-2015 and the seventh batch will get the GC in FY-2021.
It is not clear how they are proposing to divide the pending EB into seven batches. One assumption would be priority date.

If you are right, this is the worst part of the bill for people waiting in the EB queue for a long time. This indicates the prevalent second class treatment given to people waiting in the legal queue continues even when the system is being fixed. Sad indeed.

I submitted three amendments in the other thread to address this very issue. I am not sure if people understand the importance and implications of the amendments I submitted both for past legal applicants and future legal applicants. I am afraid that other amendments are drawing more attention and emotion from people.
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  #9 (permalink)  
Old 04-22-2013, 06:02 PM
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i do not understand this;
the demand data shows Eb2:48900 and EB3:51200,
so If FY2015, 40% are going to EB2 and to EB2, with no country caps, no dependent count, no EB1 count; Shouldn't it clear all the backlog instantly? 14K * 40% = 5600?
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  #10 (permalink)  
Old 04-22-2013, 06:04 PM
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typo: 14K * 40% = 56000?
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  #11 (permalink)  
Old 04-22-2013, 06:14 PM
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Thats right, but if they limit the number to 1/7 that would be around 1/7th of 48900 nearly 7000 to be done in 7 batches (7K/year). Although simple calculations show that the new law will free up 56,00 visas in the first year of implementation.
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  #12 (permalink)  
Old 04-22-2013, 06:18 PM
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Quote:
Originally Posted by team_mate001 View Post
Thats right, but if they limit the number to 1/7 that would be around 1/7th of 48900 nearly 7000 to be done in 7 batches (7K/year). Although simple calculations show that the new law will free up 56,00 visas in the first year of implementation.
But the 1/7 rule is only for the applicants who's GC is pending from 5 years. i.e. from 2008 (approx). Will the others go into Track 1 ?
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  #13 (permalink)  
Old 04-23-2013, 11:10 AM
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? Anyone
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  #14 (permalink)  
Old 04-23-2013, 01:59 PM
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I have not checked all the posts but the title is misleading.
The way I understand it, existing EB system is slightly redefined (with per country caps removed, dependents/STEM (if received degree in past 5 yrs before labor petition as filed) exempt, visa recapture etc etc.
In parallel if someone has had their EB aplication pending for 5 years at the time of enactment of this act and wishes to apply under merit-based track2, then they are welcome to do so and avail of the 1/7 or so allottment that will go towards EB backlogs removal. backlog removal measures in EB will stay put in parallel and should remove most backlogs anyway.
We will close this thread shortly...pls use existing main thread discussing amendments to discuss bill provisions as well. Too many threads tend to be confusing.
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  #15 (permalink)  
Old 04-23-2013, 02:11 PM
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I think Sage's clarification helps. That makes sense. The wait will be cut down immensely because of changes like country cap but if there still are backlogs then they will be able to use the 1/7 track. As per the demand data it seems that it shouldn't be needed for anyone hopefully.
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