Tuesday, April 16, 2013

CIR Bill: S.744: Border Security, Economic Opportunity, and Immigration Modernization Act of 2013

The first draft of CIR bill (S.744) was released around 2:00 AM on April 17, 2013. Please see the summary below. Remember this is only a bill (not law). It will first be debated and modified in Senate for about two months. Then it will be sent to House. This bill will then again be debated in House and modified further - which may takes some more time. See this article: How a bill becomes law.

Here is a quick overview of the CIR bill. The complete CIR bill is 844 pages.

Please remember that each clause/amendment/item listed below MAY have a different effective date (ranging from immediate to 18+ months). We have listed some of the new effective dates below (but not all).

It is unknown whether many of these changes apply to new applicants only or would it be applicable to existing applications also.

Employment Based Immigration:

1. Following people are excluded from annual cap of 140,000 (unlimited visa)
    a. All derivative beneficiaries (spouse and children)
    b. All EB1 applicants
    c. PhD holders (all fields)
    d. Certain physician who have completed the foreign residency requirements under section 212(e) or obtained a waiver of these requirements or an exemption requested by an interested State agency or by an interested Federal agency under section 214(l)
    e. Applicants with MS/PhD in STEM fields from accredited US institution + this degree received in less than 5 years from (I-140) petition filing date + have current job offer

All these applicants would not have to file PERM applications. They can directly file concurrent I-140 and I-485 application. They can also concurrently file EAD/AP application when filing I-485 application.

2. EB categories which are subject to annual cap of 140,000:
    a. EB2 category: 40%  (or 56,000 visas each year instead of 40,040) + unused EB5 visas
    b. EB3 category: 40% (or 56,000 visas) + unused EB2 visas
    c. EB4 category: 10% (or 14,000 visas) + unused EB3 visas
    d. EB5 category: 10% (or 14,000 visas) + unused EB4 visas
    e. EB1 category: Unlimited
 
3. Startup visas for foreign entrepreneurs.

4. Eliminate 7% per country cap; effective first FY from the date when this bill becomes law. This means if CIR passes after Oct 1 (FY2014), then this will be effective from FY 2015.

5. Recapture unused visas from 1992 to 2013 starting from FY 2015

Note: Beneficiaries currently account for 55% of total visas. Hence removing them from cap will increase visas for everyone by around 2.22 times. Example: Currently 100 visas are allotted to 45 primary applicants (and remaining 55 to their beneficiaries). Removing beneficiary from cap will allot all 100 visas to 100 primary applicants (and their 122 beneficiaries). Hence 222 allotted visas will actually use only 100 visas from USCIS (or 2.22 times more visas).

Merit Based Immigration (to be enacted 5 years later):

The merit based visa, created in the fifth year after enactment, awards points to individuals based on their education, employment, length of residence in the US and other considerations. Those individuals with the most points earn the visas. Those who access the merit based pathway to earn their visa are expected to be talented individuals, individuals in our worker programs and individuals with family here. 120,000 visas will be available per year based on merit. The number would increase by 5% per year if demand exceeds supply in any year where unemployment is under 8.5%. There will be a maximum cap of 250,000 visas.

Family Based Immigration:

1. Change annual cap from 226,000 to 161,000. Following is the allocation:
     a. Unmarried adult children of U.S. citizen: 35%
     b. Married adult children of U.S. citizen under age 31 at the time of filing: 25%
     c. Unmarried adult children of lawful permanent resident: 40%

Annual cap change from 226,000 to 161,000 is effective 18 months after date of enactment. Though the annual cap will decrease, overall the number of family based immigration visas issued will increase (because of  expanded definition of immediate relative).

2. Expand V visa to to allow following individuals with an approved family petition (I-130) to live in the U.S:
    a. Unmarried adult children of permanent residents/U.S. citizen
    b. Married adult children of U.S. citizen under 31 years at time of filing the petition.

3. No more visa for siblings (brothers/sisters) of U.S. citizens 18 months after enactment of CIR. Hence this will remove F4 category.

4. Immediate Relative now include a child or spouse of an alien admitted for lawful permanent residence.

5. Recapture unused visas from 1992 to 2013; effective first FY from the date when this bill becomes law

6. Increase per country cap from 7% to 15%.


Following applicants are excluded from annual FB cap (they have unlimited visas):

1. Spouses and minor children of permanent residents

2. Spouses and minor children of U.S. citizen

3. Parents of U.S. citizen

Note: If a U.S. citizen sponsors their parents, then they can also (indirectly) sponsor their minor sibling (brother/sister). This is because the minor sibling would be considered derivative beneficiary of parents and hence would be able to immigrate with them.

Diversity Visa:

1. Repeal of Diversity Visa Program. 

2. Winners of FY 2013 and FY 2014 DV will still be eligible to receive them.
 
Employment Verification (E-Verify):

All employers will be required to use the E-Verify system over a 5-year phase-in period. Employers with more than 5,000 employees will be phased in within 2 years. More than 500 employees will be phased in within 3 years. All employers, including agricultural employers, will be phased in within 4 years.

H-1B and L-1 Reform:

1. Raise the base cap of 65,000 to 110,000 and later to 180,000. Also update the current exemption from 20,000 to 25,000 for advanced degree graduates in science, technology, engineering, and mathematics from U.S. Schools.

2. Provide spouses of H-1B workers with work authorization if the sending country of the worker provides reciprocal treatment to spouses of U.S. workers. Sending country refers to applicants country of current citizenship (rather than country of birth, if they are different).

3. Establish a 60-day transition period for H-1B workers to change jobs

4. Restrictions for L-1 and H-1B Dependent Employers:
  • Employers hiring 50 or more employees, out of which 30% are H-1B or L-1 employees (without pending GC petition): Additional $5,000 filing fees for each H-1B or L-1 petition
  • Employers hiring 50 or more employees, out of which 50% are H-1B or L-1 employees (without pending GC petition): Additional $10,000 filing fees for each H-1B or L-1 petition.
  • In Fiscal Year 2014, companies will be banned from bringing in any additional workers if more than 75% of their workers are H-1B or L-1 employees. 
  • In Fiscal Year 2015, the ban applies to companies if more than 65% of their workforce are H-1B and L-1 workers. In Fiscal Year 2016, the ban moves to 50%
5. An H-1B-dependent employer may not place, outsource, lease, or otherwise contract for the services or placement of an H–1B nonimmigrant employee. The only exception is if the H-1B employee has a pending GC application, he/she would not be counted towards this number.

Other Details:

1. Provide dual intent visas for all students who come here on bachelor’s degree programs or higher.

2. Make premium processing available for all EB immigrant petitions and related administrative appeals.

3. Reinstate visa revalidation in the United States for various nonimmigrant visas such as E, H, L, O, P. They would be eligible to seek a new visa within the United States if they are low-risk applicants.

4. Ireland citizens who have at least a high school education or two years of work experience are eligible for E-visa

5. O-1 non immigrants would be authorized to accept employment with a new employer upon the filing of a new O-1 petition (similar to H1 visa)

6. Non immigrant visa holders (E, H, J, L, O, P and TN) would be authorized to continue employment with the same employer while the employer’s application or petition for an extension of stay is pending. The provision would expand on current regulations, which allow up to 240 days of additional employment authorization during the pendency of a timely-filed extension.

Border Security:

1. The bill will appropriate up to $2 billion for DHS to implement the recommendations on manpower, technology, and infrastructure made by the Border Commission

2. Provide funding for 3,500 additional Customs agents (OFO Officers) nationwide

3. Provide Authorization for the National Guard to be deployed to the Southwest border

Illegal (Undocumented) Immigrants :

Create a new status called Registered Provisional Immigrant (RPI). Eligibility Criteria for RPI:

1. Residence in the United States prior to December 31, 2011 and maintenance of continuous physical presence since then.

2. Paid a $500 penalty fee (except for DREAM Act eligible students), and assessed taxes, per adult applicant in addition to all applicable fees required to pay for the cost of processing the application.

3. Committed no crime, did not vote in US elections, etc

After 10 years, aliens in RPI status may adjust to Lawful Permanent Resident Status through the same Merit Based System everyone else must use to earn a green card (described above) if the following things have occurred:

o The alien maintained continuous physical presence
o They paid all taxes owed during the period that they are in status as an RPI
o They worked in the United States regularly;
o And demonstrated knowledge of Civics and English
o All people currently waiting for family and employment green cards as of the date of enactment have had their priority date become current.
o A $1,000 penalty fee is rendered

People in DREAM Act Status and the Agricultural Program can get their green cards in 5 years and DREAM Act kids will be eligible for citizenship immediately after they get their green cards.

W-Visa Program For Lower-Skilled Workers:

Create a new nonimmigrant classification known as the W-Visa. The W visa holder is an alien having a foreign residence who will come to the US to perform services or labor for a registered employer in a registered position. The spouse and minor children of the W visa holder will be allowed to accompany or follow to join and will be given work authorization for the same period of admission the W nonimmigrant is allowed to be here.

The Agricultural Job Opportunity, Benefits, and Security Act:

1. The Agricultural Job Opportunity, Benefits, and Security Act (AgJOBS) would allow current undocumented farm workers to obtain legal status through an Agricultural Card Program. Undocumented farm workers who have made a substantial prior commitment to agricultural work in the United States would be eligible for an Agricultural Card.

2. Agricultural workers who fulfill future Agricultural Card work requirements in U.S. agriculture, show that they have paid all taxes, have not been convicted of any serious crime, and pay a $400 fine are eligible to adjust to legal permanent resident status. Spouses and minor children would receive derivative status.

3. A new agricultural guest worker visa program would be established to ensure an adequate agricultural workforce. A portable, at-will employment based visa (W-3 visa) and a contract-based visa (W-2 visa) would replace the current H-2A program. The H-2A program would sunset after the new guest worker visa program is operational.


Read the full summary (of initial draft) here: http://aila.org/content/default.aspx?docid=44052

Read the full bill here (initial draft): http://www.schumer.senate.gov/forms/immigration.pdf

Read the official bill here (including updates): http://thomas.loc.gov/cgi-bin/query/z?c113:S.744:

Track Changes/Amendments: http://www.judiciary.senate.gov/legislation/immigration/amendments.cfm

Current State of CIR bill: http://blog.mygcvisa.com/2013/05/current-state-of-cir-bill-part-3.html

Recommended Reading:

Please click here for latest immigration news or see the right side menu for the latest analysis, news stories and other useful FAQ or USCIS links -->

159 comments:

  1. So If i understand this correct the EP3 will be even slower ? because a lot of people will not qualify for EP2 like bachelor + 5.

    ReplyDelete
    Replies
    1. I am guessing EP3 means EB3 Philippines?

      That would not be true. Since dependents are removed from cap, all categories should move 2.22 times faster than before. In addition, EB3 quota has INCREASED from 40,040 to 56,000.

      Finally if per country cap is removed (as Marco Rubio said), there would no longer be EB3 Philippines. It would simply be EB3 category.

      Per country cap removal would be applicable to all EB categories (EB1 to EB5).

      Delete
    2. no I meant EP3 ROW (Poland). I'm curious for some estimation :)

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    3. Thanks for the clarification. The same answer would apply to any countries in EB3 (or EB2) category.

      A small subtle thing to note is they may be slightly "changing" how EB1 to EB5 categories get defined.

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    4. There is no country-wise cap if it goes through. It will be FIFO which makes a lot of sense.

      Delete
  2. "Beneficiaries currently account for 55% of total visas. Hence removing them from cap will increase visas for everyone by around 2.22 times."

    - Is this part of the bill?

    ReplyDelete
    Replies
    1. This is a good question where did you find this stat ?

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    2. The bill (initial draft) states that dependents will not be included in annual quota for EB category.

      The text "55% of total visas are allotted to dependents" come directly from Charles Oppenheim (Visa Office).

      Based on simple math, if 55% of these dependents are excluded from cap, all categories should move 2.22 times faster. Did that help answer your question?

      Delete
    3. You can read the complete notes from Charles Oppenheim here: http://blog.mygcvisa.com/2013/02/new-updates-from-charles-oppenheim-dos.html

      It is very helpful.

      Delete
    4. So looks like it is part of the 1st draft. That should give some hope for EB2 :)

      Thanks for the reply. I have been following the blog for a while now and you are doing an amazing job of keeping us informed and updated. Keep up the good work!

      Delete
    5. Thank you very much :)

      This bill will definitely help move EB categories forward very quickly.

      Delete
  3. 2. Expand V visa to to allow individuals with an approved family petition to live in the U.S. and allow certain other family members to visit the U.S. for up to 60 days per year

    Why do you need a V Visa when your family petition is approved? You need a V visa to visit U.S when family petition is pending. Doesn't make much sense.

    Following applicants are excluded from annual FB cap of 480,000:

    1. Spouses and minor children of permanent residents

    2. Spouses and minor children of U.S. citizen

    3. Parents of U.S. citizen or permanent resident

    I don't think parents of permanent residents are exempt from the cap. It will open the flood gates.

    ReplyDelete
    Replies
    1. Based on your comment I did some more research.

      V visa was created to allow families to stay together while waiting for the processing of immigrant visas and who has been waiting for over 3 years since filing form I-130.

      I am guessing they probably mean people whose application are pending (instead of those whose application is approved).

      I double checked exemption for LPR parents and that is correct. Spouse/Kids/Parents of GC Holder/Citizen will have unlimited visas (no quotas). As you said, it will open the flood gates to potentially millions of visas every year.

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    2. I think as per current law, only US citizens can sponsors parents for green card. Are you sure they are proposing GC holders can also sponsor parents as well? Pls confirm.

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    3. Yes, that is correct (for both current law and proposed law). Remember this is still only a draft.

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    4. 1. Change four FB categories to two FB categories. These two new categories are:
      a. Unmarried adult children
      b. Married adult children who file before age 31 and unmarried adult children of lawful permanent residents

      In the bill I only see Married adult children less than the age of 31 of citizens are considered. Are you sure that married adult children of Permanent Residents are also considered?

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    5. For (b), current draft of bill is: "Married adult children who file before age 31" of citizen and "unmarried adult children" of lawful permanent residents

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    6. Update: Per page 280 of the CIR bill (current version), parents of lawful permanent resident are not considered as immediate relative. Hence only parents of US citizen will have unlimited visas. We have corrected that part of the summary.

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  4. hope you don't mind, what happen now to EB3 philippines that we will wait for long years to be current...does it affect the CIR bill now? pls make it clear to us...thank you.

    ReplyDelete
    Replies
    1. If the per country cap is removed, it would just be EB3 category. There would no longer be EB3 Philippines or EB3 India or EB3ROW or EB3 Mexico.

      Dates will start moving much faster due to :

      1. Increase in EB3 category by around 16,000 additional visas.
      2. Dependents are not counted in the cap. This alone will make it move 2.22 times faster (actual math is in post above).

      This will help retrogressed counties like India and Philippines a lot. This is based on the draft released today. It could change as amendments are added to the bill during debate in Senate and House.

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    2. But will this slow down ROW EB3. For example, my priority date is Feb 21, 2008 and the current visa bulletin is at December 1, 2007. If this EB3 ROW and EB3 India and EB3 Phillippins, etc are removed to create just an EB3, wouldn't it possibly push the visa date back because so many EB3 Indian applicant's are backlogged, and it may tap into ROW's numbers which is at December 2007. Do you think the next bulletin will go past Feb 21, 2008 for EB3 ROW? I am asking so that way, I can get mine in and not be worrying about this at all.

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    3. The June 2013 VB would most likely move EB3ROW to around April 2008 cut off date

      Delete
  5. I am 100% certain this or any immigration bill will not pass and become a law, since Republicans are dead against citizenship to illegals and Obama/democrats have bluntly said that no part of the bill would pass without citizenship. I certainly hope I am proved wrong. I guess, only time will tell.

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  6. do you mean dependents (petition already upon applied)in EB3 philippines will no longer be allow to enter US?- PD June 2, 2007 or do you mean for those who have not apply for? i thought families means a lot to them, you know what i mean...ty

    ReplyDelete
    Replies
    1. You are correct when you said " i thought families means a lot to them".

      This is why spouse and kids are given unlimited visas in ALL EB categories. Spouse and kids are not going to counted in the cap (annual quota of 140,000).

      Delete
  7. in short and simple explanation does it mean that EB3 philippines will move faster. thank you so much. in despair for long time...(

    ReplyDelete
    Replies
    1. It will move much faster (based on current draft of the bill).

      Delete
  8. If the per county cap no longer exists does this mean that countries such as India will completely take over the EB3 category? Is it possible that the wait for EB3 ROW will take longer since suddenly there are a huge number of people with PD much older than most people from EB3 ROW?

    ReplyDelete
    Replies
    1. This answer is based on current version of CIR bill:

      Initially yes, applicants from India will be a majority in EB3 category. However there are two other factors which will make overall processing faster:

      1. Increase in visa from 40,040 to 56,000
      2. Removal of dependents from cap count. This alone will make it 2.22 times faster.

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    2. BTW the FB cat now will be very narrow but the number is the some 480,000 should we expect a lot of spillovers ?

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    3. They are changing the FB category completely. Removing F4 and merging other categories.

      Spouse/kids/parents of GC holder/US Citizen will have unlimited visas. They will not be included in the 480,000 annual cap.

      Delete
  9. ". EB2 category: 40% (MS/PhD in STEM + this degree received in less than 5 years from PERM application). So EB2 category would get 56,000 visas each year (instead of 40,040)."

    Any idea on what would be the treatment for someone in 'EB2 with STEM Master's but greater than 5 years when that degree was attained when filing for PERM? I am surprised they have a 5 year stipulation. Instead, the higher the period, the better the treatment should have been the case. I feel disadvantaged under that clause if not applicable. Any comments?
    (FYI: Graduated Late 2004, PERM applied 2010 (labor approval date in EB2).

    ReplyDelete
    Replies
    1. Remember this is a draft version. There would be many changes in the bill itself in the next few months.

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    2. Contact your senator to change this from 5 to 10 years ..........

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    3. My guess is that whoever wrote that clause is making an assumption that the applicant would not remember a lot of their (study) material after 5 years (since he/she graduated). This may be one possible explanation for 5 year limit.

      Remember this limit is for unlimited visas only. They probably should still be able to file in the EB2 category (even if they graduated more than 5 years) OR porting from EB3 category.

      Delete
    4. The 5 year requirement is ridiculous .. doesn't serve any purpose .. If the candidate has a Master's from an american univ and a current job, that should be adequate. In fact I agree that more the period, the better your case should be. There are quite a few people who are in the same boat and will be at a disadvantage. BTW, why no such stipulation for PhD holders?

      Delete
    5. It probably depends on how MS vs PhD is perceived. MS holder typically enters IT industry and works in corporate after graduation.

      PhD holder typically goes on and do more research in their field (R&D).

      Senators (or whoever wrote the bill) probably think PhD holders is adding more value to the American economy than MS holder. Obviously this is not be true in every case.

      Delete
  10. "Eliminate 7% per country cap. This is not mentioned in the summary but was mentioned separately by Marco Rubio."

    can you please provide a reference for the above quote.

    ReplyDelete
    Replies
    1. We have added link to the complete CIR bill. Please see section 2306 (a). It is in page 294 of the PDF document.

      Delete
    2. Thank you for the information

      Delete
  11. Hey I have question on ‘‘(I) authorize the alien spouse to engage in employment in the United States only if such spouse is a national of a foreign country that permits reciprocal employment;

    Any idea what could be a list of the countries ?

    ReplyDelete
    Replies
    1. Each country has its own guidelines on whether they allow spouses to work. Currently there isnt any list easily available.

      Delete
  12. Hi,
    Thanks for the helpful summary. Could you kindly comment on how would the STEM Masters cap exemption impact people who have a masters in STEM (within last 5 years of Petition) but their petition was filed in EB3 category and have an approved I-140. Would they benefit from the cap exemption?

    The section in the bill which talks about the exemption on page 305 goes as follows:
    (II) has an offer of employment
    from a United States employer in a
    field related to such degree;

    Thanks for your time.

    ReplyDelete
    Replies
    1. Remember the language in the bill can change as it is debated in Congress. Did you try porting from EB3 to EB2?

      Delete
    2. Hi,
      Thanks for your reply. I am trying to port with the same employer but if that happens late enough to kick me out of the 5 yrs window then I might not be able to take advantage of the Cap exemption. Not sure if the bill will consider my original filing date of EB3 for the 5 yr rule or the new filing date for the EB2.

      Thanks for your time.

      Delete
  13. why is that EB3 philippines move like one (1) week only? ..oh Lord help us... :(

    ReplyDelete
  14. Sec 2307 (b) and c do not have effective date specified. Subsection (a) specifies effective date. Does it mean those will be effective immediately upon enactment?

    ReplyDelete
    Replies
    1. If a clause/amendment/provisions in the bill does not specify an effective date, then it would be effective immediately.

      Delete
  15. What about F3 ????? We are waiting 10 years now.... do we have any hope????

    ReplyDelete
    Replies
    1. F3 category will start moving much faster due to

      1. Removing F4 category
      2. 480,000 visas between two FB categories only
      3. Country cap changed from 7% to 15%
      4. Dependents will not be included in the annual cap.

      Delete
    2. What will happen to those in f4 who are waiting for 20 years now?

      Delete
  16. hi any idea approximate time/date this bill will become a law so we will still have a hope. thanks

    ReplyDelete
    Replies
    1. No one can predict date/time (not even the US President). The bill has to go through MANY committees and sub committees in Senate and House before they can vote on it. There would be many changes made to it.

      This is only a draft created by 8 senators. The House will have its OWN version of CIR bill.

      Delete
  17. What will happen to F4 (siblings of US citizen) that were approved a decade ago?

    ReplyDelete
    Replies
    1. No changes. This bill will be valid from the effective date mentioned on it. Each clause/amendments/provisions may have its own effective date.

      Delete
  18. how this effect indian physicians/doctors who have recently applied for an EB2 in the end of 2012 ?Does this mean we get our GC faster --next year/2015 ?(guestimating the timeline for a GC for an MD-physician)

    ReplyDelete
    Replies
    1. See this article: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e39718a1f8b73210VgnVCM100000082ca60aRCRD

      Also as mentioned in the article (EB category), physicians (meeting certain requirements) also have unlimited visas.

      Delete
  19. Hey,

    I have question about spouse of EB3. My understanding is that if my company applied for EB3 for me and my wife only I'm going to wait but my wife will going to get the GC immediately ?

    ReplyDelete
    Replies
    1. To be eligible, your wife has to add you as her dependent in I485 filing.

      Delete
  20. Hi, is there any statement regarding registered nurse in the bill? Thanks advance

    ReplyDelete
    Replies
    1. Yes. Section 4212 is entirely for nurses.

      Delete
    2. Thank you for your answer and i read that section but it is not an immigration visa. It is just like H1 visa. I wanted to know there is any statement for schedule A category like back to 2006. Thank you so much for your help.

      Delete
    3. Thank you for clarifying. The current bill does not have immigrant visa specific to nurses.

      Delete
    4. Thank you so much for your answer..I appreciated

      Delete
  21. what is going to be the type of movement we can expect for F2B cat? Will it get processed faster?

    ReplyDelete
    Replies
    1. F2B category will start moving much faster due to

      1. Removing F4 category
      2. 480,000 visas between two FB categories only
      3. Country cap changed from 7% to 15%
      4. Dependents will not be included in the annual cap.

      Delete
  22. I read that the number of family-based preference green cards would fall from 226,000 to 161,000 annually - Is that correct?

    ReplyDelete
    Replies
    1. That is not correct. Based on changes listed above, FB category should move much faster.

      Delete
    2. how about the f3 w/ pd that become current last 2010 but affected by retrogression
      what will happen to them if this new bill will be approved

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    3. F3 categories is going to move forward much faster based on the current version of CIR bill.

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    4. Update: 18 months after bill is enacted, the family quota decreases from 226,000 to 161,000.

      Delete
  23. Will FB4 category move faster in the next 18 months and why?

    ReplyDelete
    Replies
    1. Since F4 category has fixed quotas, it would continue to move at same pace. It would move faster it (a) demand decreases or (b) supply of visas suddenly increase.

      Delete
  24. ‘‘(B) FAMILY AND EMPLOYMENT-BASED
    9 PETITIONS.—The priority date for any family-
    10 or employment-based petition shall be the date
    11 of filing of the petition with the Secretary of
    12 Homeland Security (or the Secretary of State,
    13 if applicable), unless the filing of the petition
    14 was preceded by the filing of a labor certifi-
    15 cation with the Secretary of Labor, in which
    16 case that date shall constitute the priority date.
    17 The beneficiary of any petition shall retain his
    18 or her earliest priority date based on any peti-
    19 tion filed on his or her behalf that was approv-
    20 able when filed, regardless of the category of
    21 subsequent petitions.’’.

    My Mom filed me f2b and later i got married and now my mom became citizen filed subsequent petition, would I retain earlier priority date?

    ReplyDelete
    Replies
    1. Currently this bill is still been debated. We will have to wait and see what the final bill (with all changes) looks like.

      Delete
  25. are they still going to process those F3 that were approved more than 10 yrs ago even though the age of the children when filed were more than 31 yrs old if this bill for FB category will become a law. thank you so much .

    ReplyDelete
    Replies
    1. We will have to wait and see how UCSIS interprets it. Is it "before 31 years" on the date bill becomes law or is it "before 31 years" when the application was filed.

      There are few other ambiguities like this for other EB categories too.

      It is not clear if these are for new applicants only or are they retoactive to old (pending) cases.

      Delete
  26. Could you please explain what does this mean: " Provide dual intent visas for all students who come here on bachelor’s degree programs or higher."

    I would be starting my Masters in Information Technology soon so what would it mean to me "if the bill passes"?

    ReplyDelete
    Replies
    1. Currently F1 visa is strictly a non-immigrant visa. This means that US government expect F1 visa holder to return back to their country after graduating.

      Currently H1 is a dual intent visa. In this bill they are planning to make F1 visa as dual intent visa. This means that F1 visa holder can (openly) immigrate to US after graduation.

      The key word here is intent of the applicant when he/she file application for the F1 visa. Currently during F1 interview they check whether the applicant have strong ties to their native country.

      Delete
  27. iam not clear about F4 visas what about those people who have approved petitions since 10 years and fees have also been submitted to NVC.after 18 month of enactment of CIR bill no more visas will be issued or no petitions would be allowed to submitted.what about unused visas those will be given during these 18 month or not?

    ReplyDelete
    Replies
    1. You may want to talk to lawyer about this clause. My understanding is that USCIS will continue to issue visas in the first 18 months.

      Delete
  28. policy about FB4 is not clear after 18 month of enactment of CIR bill all approved petitions would be cancelled who are waiting since 11 years and NVC have got all fees from them they wont get immigration?what about unused visa in this category those would be given during these 18 month.if all approved petitions in FB4 are cancelled then it is not justice that for giving visa to illegal people legal people are harmed who are waiting since decade

    ReplyDelete
    Replies
    1. If F4 applications are already approved, USCIS will not cancel it. Based on the current text, the bill applies to unapproved pending applications and any future applications (after 18 months).

      Since this clause affects a lot of people, the best thing to do is contact your local senator and tell them to change/remove this clause.

      Complete Senators contact details:

      http://www.senate.gov/general/contact_information/senators_cfm.cfm

      Delete
  29. there are about 2400000 pending cases in fb4 category so if they keep on getting 65000 visas per year or as per new distribution 40% of 226000 sbout 90000 per year it will take about 35 years to eliminate this waitting list

    ReplyDelete
    Replies
    1. Could you tell which source did you use to get the 2,400,000 number?

      Delete
  30. i have been reading on different site that there r about 4000000 pending cases in total out of 240000 are of fb4 cat.in section 2306 of new bill it is written that fb4 cat will cat 40% family based visa is it 40% of 226000 or it is 40% 0f 480000.and in sec 2307 it is written that total visa are 161000 and distribution is 35,25 and 40% fb4 is not there.but it is not mentioned that how backlog would be eliminated if visas are not aval for fb4 after 1 octuber 2014.

    ReplyDelete
  31. I think these are tremendous bad news for EB3 ROW. Because if EB3 India have huge backlog and PDs are around 2002, then EB3 Phillipines is around 2006....if EB3 ROW is actually in the first months of 2008, how much retrogresion can wee expect after mixing?

    Someone with PD 2009 / 2010 can be retrogressed 2-3 years ? This will be fatal (having for example 1 year to go). Not even the mentioned 2.22 times faster will be of help in those cases.

    ReplyDelete
    Replies
    1. Backlog reduction was a priority for Senators.

      1. Dependents excluded from annual cap: The I485 pending inventory includes primary and dependents. Since dependents are excluded, that will quickly remove 55% of inventory

      2. Capture unused visas for around 20 years: This could add around 15,000 to 50,000+ visas to EB category.

      3. Add 16,000 more visas in EB3 category.

      4. If EB2 becomes current, EB3 will get more spillovers.

      5. Add 120,000 to 250,000 extra visas per year as part of merit based system.

      You can easily see how these numbers would help in quickly reducing the backlog.

      Delete
    2. OK, thanks for the clarification. With all these additional factors you describe, now it make more sense.

      Delete
  32. This comment has been removed by the author.

    ReplyDelete
    Replies
    1. In your case it simply means that if Indian government allows spouses of foreign workers to work in India; then US will also allow spouses of Indian H1 holder to work in US.

      Indian embassy in US will be able to answer whether India allows foreign spouses to work.

      Delete
    2. For new F4 applications, how long takes to get GC

      Delete
    3. Each country have different dates. Please see the May 2013 Visa Bulletin link on the right side to calculate current average time.

      Delete
    4. Dependent spouses of US citizens working in India on an Employment visa have to apply for an 'X' (Entry) visa to enter India. People on Entry visa cannot work in India. Hence spouses of Indian Citizens on H4 will not be able to get EAD to work in US. Link :

      http://mha.nic.in/pdfs/FAQ-onX-VISA210510.pdf

      Delete
  33. Hello, I am hoping this bill passes because my mom is applying for her citizenship this year and I am hoping to petition as an adult unmarried son of a US Citizen.

    Can you please clarify if possible; the proposed V-visa to allow unmarried and married adult children to come and stay in the US while their GC petitions are pending... will their approved petitions have to be at least three years old like the old V-visa or would they be able to apply for a V-visa immediately after their petitions are approved?

    Thanks for your help and have a nice day :)

    ReplyDelete
    Replies
    1. Checkout more details here
      http://thomas.loc.gov/cgi-bin/query/F?c113:1:./temp/~c113dVNEcU:e367555:

      It says "an alien who is the beneficiary of an approved petition"

      So it seems to be immediately after petition is approved. Also note two things: (1) you have to be under 31 years and (2) This clause is effective from next fiscal year.

      Delete
  34. is it possible for F4 applicants can apply immediately for V-visa

    ReplyDelete
  35. Right now I am 29 and my mom is actually completing her citizenship application tomorrow! so I guess I will apply asap after she receives her citizenship and then hopefully get a V-visa so I dont have to wait for years over here. Thanks for your feedback :)

    ReplyDelete
  36. Hello - Lets assume CIR passes in both senate and house, how soon will these laws be a reality with regards to EB GC process?

    ReplyDelete
    Replies
    1. It depends. Some clauses/amendments/provisions have a separate effective date (18 months, etc). If a clause does not have a separate effective date, then it would be effective as soon as the bill becomes law.

      Delete
  37. I hope they give atleast EAD for all the eb2 / eb3 the moment the bill passes. Its logical to get EAD at minimum , bcz they are giving work permit for undocumented and with that work permit they can work for any one and also visit home country with out visa.

    ReplyDelete
  38. how long takes to know the final CIR bill

    ReplyDelete
    Replies
    1. around end of july they will vote on the bill ...

      Delete
    2. Senate and House has their own timelines. House has its own "Gang of 8" who are working on CIR bill. This is in addition to individual immigration bills been introduced in House and Senate.

      Please see the two articles titled "Current Sate of CIR":
      http://blog.mygcvisa.com/2013/03/current-state-of-cir.html

      Delete
  39. Can you tell if the bill passes before October, is there a possibility that all EB categories may become current? At least EB2..

    ReplyDelete
    Replies
    1. There are too many unknowns:

      1. What the final bill looks like in Senate
      2. Different amendments have different effective dates
      3. How many changes would be made to the bill in House

      Based on current draft, it could make EB2 current in few years. Then all spillovers could go to EB3.

      Delete
    2. 2307 -(b) clause which doesn't have effective date mentioned. I read some where in your response if effective date is not mentioned means effective immediately. According to 2307 (b) Eb2 moves 2.2 times faster and added there is no EB1 quota we get extra 16,000. If you calculate I assume by October there is a possibility date may move at least 2010 Jan? by end of next year all EB2 may become current. Amazon correct me if I am wrong.

      Delete
    3. 1. Yes, if the bill does not have a new effective date, it is effective when the bill becomes law.

      2. 2.2 times faster in NOT in the CIR bill. It is based on current visa allocation per Charles Oppenheim (Visa Office). The math for 2.2 is in the article above.

      3. The bill is still in draft stage. It has to go through many committees in Congress. There will be many changes made to the bill during this time.

      So we cannot currently estimate what the new bill will look like, what the new effective date is and hence how long it will take for EB categories to be current.

      Delete
  40. Amazon - From what I understand, there will be 120,000 additional visas available annually (merit based visas) for the EB3 category over the first four years. However, I have read somewhere else that these additional numbers will only be used to expedite petitions that are pending for more than 3 years. Has this restriction been dropped recently as I cannot seem to find it in the latest bill? If additional visas can be used to reduce all backlog (including petitions pending for less than 3 years), I imagine the EB3 backlog will be resolved in a year or two. Am I missing anything?
    Thanks!

    ReplyDelete
    Replies
    1. The 120,000 is for all categories (not just EB3). The current effective date is five years for when bill becomes law.

      The bill is currently been debated in Senate and over 300 amendments have been filed few days ago. We will have to see what the updated changes look like.

      Delete
  41. is it possible to apply H1b after F4 application has filed

    ReplyDelete
    Replies
    1. H1 is a dual intent visas. So you can definitely file H1 after filing F4.

      Delete
    2. thanks for ur replies

      Delete
  42. This just passed the senate but the amendment to remove the per country cap was withdrawn ! It will be hard to pass the house though.

    ReplyDelete
    Replies
    1. The CIR bill actually passed the Senate Judiciary Committee only. Harry Reid (Senate Majority Leader) will bring this to vote on Senate in June.

      Delete
    2. I was not able to find amendment where the country cap is been added back. Would you happen to know the actual amendment number?

      Delete
  43. I just want the priority for the LPRs to change so that my wife doesn't have to wait so many years to become an LPR also.

    ReplyDelete
  44. The bill speaks about employment based visa's for "Applicants with MS/PhD in STEM fields from accredited US institution + this degree received in less than 5 years from (I-140) petition filing date + have current job offer"

    -- What would be the process, if someone graduated with a STEM master's degree, but has not yet filed a PERM/I-140?

    ReplyDelete
    Replies
    1. We will have to wait for memo from USCIS.

      The process could be same as EB2 filing. There might be a new checkbox in I-485 form.

      Delete
  45. Hi, if the current immigration overhaul bill becomes a law, what is the rate at which F2A waiting list for an Indian applicant will come down? What does this mean:

    'Following applicants are excluded from annual FB cap:
    Spouses and minor children of permanent residents'

    Does this mean priority date of spouses and children of permanent residents will become current faster now?

    ReplyDelete
    Replies
    1. According to current draft of CIR bill, spouses and children will have unlimited visas. So dates will move much faster (since currently 55% of annual visas are allotted to dependents).

      Delete
  46. what happend to F4 category in new CIR bill,is there any changes,is there any hope for F4 applicants can get GC quickly?

    ReplyDelete
    Replies
    1. Since the F4 quota is still the same (no change), F4 may not rapidly move forward unless demand is low.

      Delete
  47. What about F4 - 2005 ????? We are waiting 8 years now.... do we have any hope for India?????

    ReplyDelete
    Replies
    1. The CIR bill is currently been debated in Senate and later in House. They could add back the F4 category. We will have to wait and see what the final bill looks like.

      Delete
  48. First of all, thanks for putting up this website and helping out people. I really appreciate it. I have a quick question.

    I am from India and I have a PhD in Chemistry from a well-known university and currently on H1B visa working as a post-doctoral research associate in academic institution. I am planing to apply for Green Card under EB1 or EB2. Now I am considering to wait to see how the CIR bill works out. Do you think with my background, I would be able get a green card if the bill becomes law? In that case, would my wife will also be eligible to get a Green Card? Or do you think I should go ahead and do self-petition anyways? Thanks.

    ReplyDelete
    Replies
    1. Since there is no guarantee that CIR bill can pass Congress, you should start with EB1 or EB2 filing. Since the wait if very long in EB2 India, it would be faster to apply in EB1 category.

      You can read about the current state of CIR bill here:

      http://blog.mygcvisa.com/2013/05/current-state-of-cir-bill-part-3.html

      Delete
  49. Thanks for the reply. In case the bill passes, do you think with my credentials me and my wife will get green card as per the CIR bill?

    ReplyDelete
    Replies
    1. Yes, the current draft of Senate CIR bill have unlimited visa for PhD holders and their dependents.

      Delete
    2. I understand the unlimited visa clause, but not sure about green card. Will the PhDs get green card?

      Delete
    3. Yes, it means there is no quota for GC for PhD holders and dependents.

      Delete
  50. What about F4 - Feb.2005 India. How long it will take to get visa?

    ReplyDelete
    Replies
    1. To estimate when priority date can be current, please see this calculator:

      http://www.mygcvisa.com/calculator

      Delete
  51. The track two merit based system in new cir bill ,when it will take effect

    ReplyDelete
    Replies
    1. It has different dates. Please see this:

      http://thomas.loc.gov/cgi-bin/query/F?c113:1:./temp/~c113cnX2ro:e317726:

      Delete
  52. Excellent article. Fantastic website. Keep up the good work.

    ReplyDelete
  53. how long takes to get I-130 to be approved

    ReplyDelete
    Replies
    1. Each service center have different dates.

      https://egov.uscis.gov/cris/processTimesDisplayInit.do

      Delete
  54. Is there anything of benefit in the proposed CIR that will give E2 visa holders a path to permanent residency?

    ReplyDelete
  55. Why has the recent bulletins for FB3 and other categories have suddenly moved forward by a month rather than the usual 1 to 2 weeks, is this because of the CIR? Also, F3 in the CIR states that the applicant needs to be under 31 years old, does that apply to those who have been in the system more than 7 years already?

    ReplyDelete
    Replies
    1. For first question, please see this:

      http://www.mygcvisa.com/forum/default.aspx?g=posts&t=20

      For second question, I am not sure if it applies to new cases only or for existing cases.

      Delete
  56. HI Hi
    My F4 approval date is 2008. I was born in India. What does this reform mean for me? I am also 52 years old. I have lived Canada for 35 years.

    ReplyDelete
  57. currently, the eligibility requirements for a v-visa are
    1) petition pending for 3 years or more
    2) the petition filed on or before December 21, 2000.

    do you know if these two conditions are required in the new bill?
    if they are, then i don't see many people benefiting from this. with the exception of those who are from Mexico and Philippines, most petitions with priority dates of December 21, 2000 and before must have already became current.

    ReplyDelete
  58. Hello!
    there is a provision for L1 visa converted to immigrant visa, that states that only those who stayed for at least one quarter after the green card was granted, with the sponsoring corporation, will be allowed to apply for citizenship. on the new bill, was that ever taken up? this is a concern for me, because i got my green card, after i got laid off. i didn't voluntarily resign. and how does this affect the L2/dependents who also got their green card.

    ReplyDelete
    Replies
    1. I am not sure. You can read the final bill (see the link for official bill including updates in the blog post).

      Also House said that they would not be taking up the Senate CIR bill. So changes made in this bill may not be important.

      Delete
  59. Thanks for your hard work! I am not clear about the F4. You say the processing time will remain the same. How much of the visa will be allocated to the F4 since the new bill does not include them. Is it 40% like befor? But since the number of family visas increased wouldn't that make processing move faster?
    Basically I would like to know whether the processing speed of F4 will increase due to this bill?
    Thank you:)

    ReplyDelete
    Replies
    1. Since the House Congress leaders said that they would not be taking up the Senate CIR bill, we will have to wait for new bill from House leaders.

      Delete
  60. Why isn't there any increase in the total number of EB-based green cards (from 140,000 to something higher). The total will still be only 140,000, am I right?

    Although other changes (like not counting spouse/children, no country cap, etc.) would still allow the EB based categories to move faster, only a total of 140,000 EB-based green cards is still a small number, because a total of H1b quota is being increased from 65,000 to 110,000 or 180,000 if possible.

    ReplyDelete
  61. hi my friend amazon.
    IS THERE ANY WEBSITE at deppartment of state THAT SHOW ME IF MY VISA AVALIBEL ...
    BECAUSE I GET RESPONCE FROM NVC.about case ubdate .which is

    your case is currently on a list of completed cases awaiting the availability of visa numbers. This petition will be eligible for an immigrant visa interview when eligible when a visa number is available per the Department of State's Visa Bulletin. The current edition of the visa bulletin is available on the following web.
    OR can you tell me what is this means.
    MY catogrise is F3, iam from yemen.and my case complete at nvc about five month ago.and my case current about 6 month ago.

    ReplyDelete
  62. Immigration Law has been changing as per the changes in the surrounding but designated civil surgeons Maryland help to fill all the requirement needed for immigration.

    ReplyDelete
    Replies
    1. Hello,Happy Thanksgiving.
      I'm looking for some good news for legal immigrants US citizens waiting for adult children from Europe country.
      Do you know how is F1 if petition is approved?
      How long time will take to get Green Card.Will be faster we hope?
      Thank you

      Delete
  63. What good does this do to f2a??

    ReplyDelete
    Replies
    1. F2A will be current all the time. No Quota numbers like other categories.

      Delete

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