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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1 (permalink)  
Old 03-23-2006, 01:24 PM
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Default Frist bill better for Employment Based GC

All,

I dont know what you guys think about the competing bills - Frist and Specter, but I get the feeling that the Frist bill which does not include any of the Illegal immigration amnesty provisions but does contain almost everything you would want for EB immigration better serves our purpose.

The Specter Bill with the Guest Worker Program even if it passes the Senate will not pass the hardline conservative Congress - which could mean that all our EB provisions also get scuttled. Hence, I think it is in our best interest if the Comprehensive Immigration Bill (Specter) does not see the light of the day on the 27th. I would desist from urging the Judiciary committe from trying to make the deadline.

What do you guys think
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Old 03-23-2006, 11:24 PM
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Default Frist vs Specter

Frist's enforcement only bill will be very popular in the house, but is unlikely to pass the senate. There seems to be quite a few republican senators (Specter, Mccain, Graham, Brownback to name a few) who might vote against any bill which is not "comprehensive". They along with the dems easily have more than 50 votes to block. Now, even if Frist's passes senate, it has to be reconciled with the house version - there are plenty of vocal anti EB folks there and hardly anyone pro. So if push comes to shove, Frist would probably agree to drop the EB provisions and pass rest of the bill , so that he can take credit and hit the '08 presidential campaign trail.

Specter's will easily pass the senate, will be a miracle if it passes the house - senate conference commitee in its present form. The only hope is all the attention will be on the amnesty provisions and negotiations surrounding that, and the EB part of it will fly under the radar.
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Old 03-23-2006, 11:41 PM
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Default ???

But in this PDF doc. it says, "Specter and Frist Immigration Proposals May Increase EB Backlogs".

http://www.immigrationvoice.org/medi...ntry_quota.pdf
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Old 03-24-2006, 10:30 AM
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Read this thread:

http://immigrationvoice.org/forum/showthread.php?t=346 (EB Provisions in Specter & Frist: The Hidden Harm)
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  #5 (permalink)  
Old 03-24-2006, 11:49 AM
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Don't the per-country limits apply to the total number of immigrants (all categories of family and employment preferences) from a country? If so, it is incorrect to say that there will be only 4350 visas (10% of 15% of 290,000) available in each EB category for any one country. The correct reading, in my opinion, is that no country can get more than 77,000 immigrant visas (10% of 480,000+290,000) in any year.
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Old 03-24-2006, 01:18 PM
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That is my opinion. I may be wrong. I was always under the impression with my 2 cent of brain that 7% of ( Familiy Based+ Emplyment Based ) will be given to each state.
I try to search every where for clarification. I could not find it. However the language is not clear in the law which states that 7% of 140,000 will be alloted to each state during the fiscal year.

Can some one share there light on it please.
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Old 03-24-2006, 01:31 PM
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If Total 290000
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 43500 43500 101500
India NMT10% 29000 29000 29000

This is based on the assumption that 10% per county limit out of 290,000 visa. The law state No county can get more than 10% of immigration visa. Is that mean 10% of 290,000+480,000 or 10% of 290,000?

If the Law state that 10% of immigration visa ( which is 140,000 + 290,000). Then here is the amount of visa allotted to each county.

Total 770000
EB-1 EB-2 EB-3
% Allowed 15% 15% 35%
No of Visa Issued 115500 115500 269500
India NMT10% 77000 77000 77000

I may be totally wrong here. Please clarify me if I am wrong

Am I missing something here? Please clarify
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  #8 (permalink)  
Old 03-24-2006, 01:32 PM
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Please read 140,000+290,000 as 290,000+480,000
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  #9 (permalink)  
Old 03-24-2006, 01:36 PM
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http://www.numbersusa.com/PDFs/Sense...Comparison.pdf
http://www.numbersusa.com/PDFs/Sense...umbersComp.pdf

comparision of bills
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  #10 (permalink)  
Old 03-24-2006, 01:48 PM
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I am wrong in my number. I added 10% to EB-1,2 and 3 all separately
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  #11 (permalink)  
Old 03-24-2006, 02:42 PM
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As per the new proposed law:

Total EB visa 290,000
EB-1 EB-2 EB-3
# Visa issued to each categories
43500 43500 101500
Max No of visa can be issued to each county ( India) 10%
77000 among EB-1, EB-2, EB-3

10% of Total EB + FB visa is 770000.
Please refer to Visa Bulletin April, 2006, where the distribution of visa is clearly explained with example.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320
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