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dkar
04-17-2013, 11:37 AM
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.

rakesh_basis
04-17-2013, 01:57 PM
Hi

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

Thanks
Rakesh

dkar
04-17-2013, 02:21 PM
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.

dkar
04-17-2013, 02:39 PM
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—

dkar
04-17-2013, 11:01 PM
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.
-------------------------------------------------------

pd052011
04-18-2013, 09:37 AM
Any impact of Diversity visa change on EB?

dkar
04-18-2013, 09:51 AM
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.

aswami
04-22-2013, 04:52 PM
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 (http://immigrationvoice.org/forum/3571395-post271.html) 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.

shortduck
04-22-2013, 05:02 PM
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?

shortduck
04-22-2013, 05:04 PM
typo: 14K * 40% = 56000?

team_mate001
04-22-2013, 05:14 PM
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.

shortduck
04-22-2013, 05:18 PM
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 ?

shortduck
04-23-2013, 10:10 AM
? Anyone

sage2006
04-23-2013, 12:59 PM
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.

team_mate001
04-23-2013, 01:11 PM
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.

Gandhi_II
04-23-2013, 01:32 PM
If the bill is passed this year, won't they clear the backlogs this year?

shortduck
04-23-2013, 02:16 PM
Thanks for your reply.
Demand data on and before EB2: 11575 (http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf)

So if these use the Track2 route:1/7 ie. 1653 will be given GC.

But; 40% of 140,000 = 56,000 - 1653 = 54347, so these will be given to those who filed labor after 2008. A total of 118,250 applicants after 2008.

Is my understanding right ?

sanju_dba
04-23-2013, 04:12 PM
SEC. 2301.
(8) INELIGIBILITY OF ALIENS WITH PENDING OR APPROVED PETITIONS- An alien who has a petition pending or approved in another immigrant category under this section or section 201 may not apply for a merit-based immigrant visa.

aswami
04-23-2013, 06:33 PM
SEC. 2301.
(8) INELIGIBILITY OF ALIENS WITH PENDING OR APPROVED PETITIONS- An alien who has a petition pending or approved in another immigrant category under this section or section 201 may not apply for a merit-based immigrant visa.

The above applies to merit-based track one (points system) for new applicants. All of section 2301 is for merit-based track one. This entire thread is about merit-based track two. So, the above does not apply to the case being discussed in this thread.

aswami
04-23-2013, 06:43 PM
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.

It is not clear from the bill that there is any other "backlog removal measures in EB will stay put in parallel". As far as I could tell, the merit-based track two, which has the 1/7 per year formula, is the only path for existing EB backlog. There are no other parallel measures. Any measures that remove country-specific cap, recapture unused visas, etc., seem to be useful only for new applicants or applicants who have been in the queue for less than 5 years. The way the bill reads, all existing EB backlog applications will go into merit-based track two by default if they are older than 5 years. We don't have a choice with this.

This means, many people have been waiting in the queue for more than 5 years and get pushed into merit-based track 2, could potentially get their green cards AFTER new people in merit-based track 1 get theirs.

Someone please correct me if any of the above are not right.

psaxena
04-23-2013, 07:22 PM
This doesn't make any sense, the backlog will keep waiting... and others who apply after 2008 will be given preference..
Who is drafting the bill and putting in the amendments?:(:(:(:(

sage2006
04-23-2013, 07:25 PM
that is not correct.
merit-based immigrant visas (specifically track 2 - section 2302 as per RPI section) have been primarily designed for undocumented and DREAMers to start applying for GCs when they are eligible (DREAMers coming in first since they can apply after 5 years on RPI status). however anyone (including who would otherwise be EB applicants) can also collect points and apply for this merit-based category. Weird thing is there is no lower cut-off as in other points-based systems.
Not sure how you draw the conclusion in red below.
Remember that the bill states that ALL 120K merit-based immigrant visas will go to EB3 during first 4 fiscal years. Thereafter it gets split between Tier1 and Tier2 within Track 1. In addition, there is a separate section 2304 and 2306 where the backlog reduction measures like per-country cap removal, visa recapture etc are defined clearly with reference to EB world wide levels which are unchanged (these are not defined in the merit-based section of the bill). For each backlog elimination provision, there is an effective date and once the effective date kicks in ANYONE currently in the EB queue gets the benefit. You seem to be mixing up multiple sections.

It is not clear from the bill that there is any other "backlog removal measures in EB will stay put in parallel". As far as I could tell, the merit-based track two, which has the 1/7 per year formula, is the only path for existing EB backlog. There are no other parallel measures. Any measures that remove country-specific cap, recapture unused visas, etc., seem to be useful only for new applicants or applicants who have been in the queue for less than 5 years. The way the bill reads, all existing EB backlog applications will go into merit-based track two by default if they are older than 5 years. We don't have a choice with this.

This means, many people have been waiting in the queue for more than 5 years and get pushed into merit-based track 2, could potentially get their green cards AFTER new people in merit-based track 1 get theirs.

Someone please correct me if any of the above are not right.

Gandhi_II
04-23-2013, 08:51 PM
"Any immigrants who have been working legally in this country for 10 years would also move rapidly to receive green cards, either through the current system or later through the new merit system."

http://www.nytimes.com/2013/04/12/us/politics/house-democrats-present-immigration-overhaul-plan.html?_r=0

aswami
04-23-2013, 11:02 PM
that is not correct.
merit-based immigrant visas (specifically track 2 - section 2302 as per RPI section) have been primarily designed for undocumented and DREAMers to start applying for GCs when they are eligible (DREAMers coming in first since they can apply after 5 years on RPI status). however anyone (including who would otherwise be EB applicants) can also collect points and apply for this merit-based category. Weird thing is there is no lower cut-off as in other points-based systems.
Not sure how you draw the conclusion in red below.
Remember that the bill states that ALL 120K merit-based immigrant visas will go to EB3 during first 4 fiscal years. Thereafter it gets split between Tier1 and Tier2 within Track 1. In addition, there is a separate section 2304 and 2306 where the backlog reduction measures like per-country cap removal, visa recapture etc are defined clearly with reference to EB world wide levels which are unchanged (these are not defined in the merit-based section of the bill). For each backlog elimination provision, there is an effective date and once the effective date kicks in ANYONE currently in the EB queue gets the benefit. You seem to be mixing up multiple sections.

Thanks a lot for the clarifications. And you are correct, I am mixing up multiple sections. This is the first time I am reading actual laws and bills in my life. The syntax is more complex than many modern programming languages. :-)

open.247
04-24-2013, 06:37 PM
hi




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.

EB2 /EB3 backlog will cleaned up faster
As sson as per country quota is eliminated and spillover is allowed dates will move faster.
USCIS need to concentrate on illigal's applications and their background check etc. USCIS will have to make resources available for all millions of Illegals . To do that they have to clean this mess of Backlogs . which should and will help all of EB2/EB3 people.
And also if they(USCIS) dont do that it will considered there is no motivation/reward for people who came legally and obeyed all laws and paid taxes and renewal fees .Further
it will be discriminating as how can they make illegals path to citizenship in 10 years. where as people like us already have gone through their 10 years tax paying period and stucked in backlog of per country visa numbers.
so keeping above facts backlogs will and should be cleared as soon as this Bill get into execution stage. If it does not then we have serious problem of democracy.

Thanks

saambha
04-24-2013, 07:22 PM
that is not correct.
merit-based immigrant visas (specifically track 2 - section 2302 as per RPI section) have been primarily designed for undocumented and DREAMers to start applying for GCs when they are eligible (DREAMers coming in first since they can apply after 5 years on RPI status). however anyone (including who would otherwise be EB applicants) can also collect points and apply for this merit-based category. Weird thing is there is no lower cut-off as in other points-based systems.
Not sure how you draw the conclusion in red below.
Remember that the bill states that ALL 120K merit-based immigrant visas will go to EB3 during first 4 fiscal years. Thereafter it gets split between Tier1 and Tier2 within Track 1. In addition, there is a separate section 2304 and 2306 where the backlog reduction measures like per-country cap removal, visa recapture etc are defined clearly with reference to EB world wide levels which are unchanged (these are not defined in the merit-based section of the bill). For each backlog elimination provision, there is an effective date and once the effective date kicks in ANYONE currently in the EB queue gets the benefit. You seem to be mixing up multiple sections.
Section 2306 for removing per country limitations has this:

"EFFECTIVE DATE.—The amendments made by
this section shall take effect 1 year after the date of the
enactment of this Act."

Am i reading it incorrectly or does it really mean that the per country limit stays for another year after the act becomes a law? Won't it negate other backlog elimination steps for an extra year?

Murthy
04-24-2013, 09:26 PM
that is not correct.
merit-based immigrant visas (specifically track 2 - section 2302 as per RPI section) have been primarily designed for undocumented and DREAMers to start applying for GCs when they are eligible (DREAMers coming in first since they can apply after 5 years on RPI status). however anyone (including who would otherwise be EB applicants) can also collect points and apply for this merit-based category. Weird thing is there is no lower cut-off as in other points-based systems.
Not sure how you draw the conclusion in red below.
Remember that the bill states that ALL 120K merit-based immigrant visas will go to EB3 during first 4 fiscal years. Thereafter it gets split between Tier1 and Tier2 within Track 1. In addition, there is a separate section 2304 and 2306 where the backlog reduction measures like per-country cap removal, visa recapture etc are defined clearly with reference to EB world wide levels which are unchanged (these are not defined in the merit-based section of the bill). For each backlog elimination provision, there is an effective date and once the effective date kicks in ANYONE currently in the EB queue gets the benefit. You seem to be mixing up multiple sections.

Members mix up sections and gets confused and writing confused posts.dkar started this thread.Looks he totally got confused with sections.All Track 1 and Track 2 not for Pending I-485's who are waiting for visas.Actually Effective date of Section 2306 Removal country caps is most important for EB guys.As per bill this effective date is FY2015.IV must work on this for an amendment so that effective date would be FY2014.With this amendment EB folks get immediate relief.sage2006 please let me correct if my understanding is wrong.