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  • Posting it in this thread, as this is related to HR5882.

    Make Immigration Work for Working Immigrants


    Employment-based immigrants contribute greatly to America, although you would not know it from the way current U.S. policy treats them. Due to low quotas, a typical skilled immigrant sponsored by an American company now waits 6 to 10 years for a green card (permanent residence). The House Judiciary Committee marks up legislation this week to change that, representing likely the only measure Congress may take in the remaining weeks to aid innovation, the economy and the competitiveness of U.S. companies.

    H.R. 5882, authored by Rep. Zoe Lofgren (D-CA) and Rep. Jim Sensenbrenner (R-WI), would reduce wait times for green cards and help retain talented people in the United States. It would do this by providing green cards that had been allotted in previous years but went unused, primarily due to bureaucratic obstacles.

    �A developed country�s competitiveness now comes primarily from its capacity to innovate � the ability to create the new products and services that people want,� according to Curtis Carlson of the Silicon Valley research firm SRI International. Skilled immigrants are a vital source of America�s capacity to innovate.

    The National Venture Capital Association reports that 1 in 4 publicly-trade companies that began with venture capital since 1990 had at least one immigrant founder. While the vast majority of employees at U.S. firms are Americans, when U.S. employers recruit on college campuses they find foreign nationals represent a high proportion of the graduates in key fields. In 2006, 73% of new electrical engineering Ph.D.s in the U.S. were granted to international students, according to the National Science Foundation, while in 2005, foreign nationals received 55 percent of electrical engineering master�s degrees and 42 percent of computer science master�s degrees.

    H-1B temporary visas, which have been exhausted each of the past 5 fiscal years, only allow individuals to stay on a temporary basis, so an employment-based green card is necessary to stay here permanently. The separate quota for green cards for skilled immigrants is set at 140,000 a year (including dependents of the skilled immigrant). That quota has also been insufficient to meet demand, creating waits of 6 to 10 years for a green card.

    The great uncertainty these waits create lead some to give up and leave the United States and others to not even begin the process. The current long waits �cause a reverse brain drain affecting American competitiveness and innovation,� according to Aman Kapoor, executive director of the group Immigration Voice. �At the same time, these green card backlogs create severe quality of life issues for the applicants and their families.�

    Those who understand markets realize that there is no such thing as a fixed number of jobs, as critics of high skill immigration maintain. A 2008 National Foundation for American Policy (NFAP) study found that for every skilled foreign national requested (for H-1B visas) with the Department of Labor, U.S. technology companies increase their employment by 5 workers. Many U.S. executives confirm this experience at their firms. Looking to America�s next generation of scientists and engineers, a 2004 NFAP study found more than half of the finalists for the Intel Science Talent Search, the leading contest for top U.S. high school science students, were the children of skilled immigrants.

    In addition to the reduced waiting times for green cards from H.R. 5882, Congress can take other steps. It can fix the labor certification process for skilled immigrants under which the U.S. Department of Labor (DOL) requires companies to engage in expensive and time-consuming advertisements to show no qualified Americans are available for certain jobs. Neither the law nor the original DOL regulations required such advertisements. Yet DOL is using its questionable authority to, among other things, audit thousands of green card cases from the nation�s largest immigration law firm, Fragomen, Del Rey, Bernsen & Loewy. The Fragomen firm has filed a lawsuit in U.S. District Court alleging DOL has exceeded its authority. Congressional oversight is warranted.
    Congress can also eliminate the per country limit for skilled immigrants, which pushes back wait times for Indian and Chinese professionals, exempt from green card quotas those who earn a master�s degree or higher, and increase the quotas for H-1B temporary visas.

    While H.R. 5882 will not solve all our immigration problems, it represents an important effort to retain talented individuals in America so they can help create jobs and innovation in the United States.

    Stuart Anderson is a former Staff Director of the Senate Immigration Subcommittee and now Executive Director of the National Foundation for American Policy, a nonpartisan policy research group based in Arlington, Va.

    No one is calling anymore?? Please call guys if you have not...Leave a voice message....but call

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  • The USCIS calls this efficiency. I wish these folks to be on the receiving end of their own treatment in their next life.

    Dear Alterego,

    What do you think we are? We were INS officers in our past lifes and troubled all these Chinese and Italian immigrants. That is the reason, why we are born to take back what we gave them in past life.

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  • My colleagues and friends are sending e-mails to Judiciary committee members. I am preparing draft for this mail. I am going to divide this mail into sections. One section describing what H.R. 5882 is (recapture, justice against discriminatory treatment based on country of birth, USCIS efficiency) and another sections would describe what it is not (not amnesty, not an increase in numbers). I want a link to the testimony given by USCIS director in congress confirming the wastage of green cards. Can someone quickly direct me to that link?

    I just got about 50 posters double the size of our regular 8x11 that have the Americal flag background. I will be putting some simple messages to support 5882 to consider immiedate recapture of visas. Also clearly asking to support EB2 AND EB3 INdia. And that we are unable to buy houses cos of this limbo.
    In your messages, please suggest atleast one reason how we help the country, apart from our regular x,y,z qualifications. I will be saying It helps fixing housing crisis.


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  • Bump ^^^^

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  • Folks, while reading the 485 instructions, I found that the check is to be paid to 'Department of Homeland Security'. Not to USCIS as mentioned in the very first post of this thread. Please comment.

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  • ...how is USCIS involved in this other than adjudicating cases and providing statistics to DoS as far the EB3 allocation issue is concerned?

    Why are you guys taking about USCIS's interpretation of the law ??? What have they to do with it ? :eek:

    **** The interpration is done by the Visa Office of DoS. **** Should get in touch with them.

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  • Bumping the original thread. I will try to keep this on top for today for people's attention.

    got a reply from ombudsman....iam sure others got this too...

    Thank you for your recent correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

    We greatly appreciate your comments regarding issues concerning AC21 processing at the Service Centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding these petitions.

    If you have evidence of a specific I-485 case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please forward us a copy of your denial notice or provide further detail as to the reasons for the immediate denial.

    Please submit information via email to cisombudsman@dhs.gov with the subject AC21 Evidence of Immediate Denial. In addition, for protection of privacy we ask that you please omit any personally identifiable information such as names, a-numbers, case numbers, etc.

    Thank you for your cooperation.

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  • So basically he is saying that count your blessings and thank god that you are stuck in Backlog centers or in retrogression because in Europe, its even worse. Its a nice way of saying : "It is what it is, take it or go to Europe or go back to India".


    Does he know that the USCIS does not even have a clue on how many potential applicants it would expect if it moved PD forward by a certain period? Backlog centers are 20 years behind schedule already? People cant get drivers license in Pennsylvania coz they get only 1 year extensions on H1 due to labor backlog and their wives are driving them to work? Does he know that there is a name-check process that FBI sometimes takes forever which is not only hurting Greencard applicants, its also not a smart thing from security and public safety perspective to sit on someone's name check process while that someone is living and working on work-permit(EAD)? Does he know that the whole greencard process, being employer centric prevents people from switching jobs, getting promotions etc for 6-7 years? Does he know that Australia gives Greencard to all advanced degree holders in few months time who have 2 years masters from Australian university(accredited CRICOS universities) and allows students to work off-campus when they are on student visas?

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  • In form G325A and 765 there is a question which ask all other name used , what should we write as our name is same as we have written in first and last name ( my maiden name and name after marriage is same )

    also if there is no middle name should we leave the space blank or write N/A

    in 485 in the Address C/O what should we write

    please reply

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  • Me - EB2 Labor pending applied May6th 07.
    My Wife - EB3 Labor and I140 approved (PD Dec 2006)
    What should I do? Thanks in advance.

    If her lawyer is quick to respond then you can keep everything ready including medicals and anytime date is retrogressed should apply immediately or the second option is apply for EAD and AP and I-485 case and go tense free and use EAD if you want to change jobs and don't worry about EB2 and EB3.

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  • We received the snail mail welcome notice today after receiving the email ADIT stuff last Tuesday (August 10). That makes it five business days. On the notice it says that we should receive our permanent resident card within three weeks. Anybody who actually received it within three weeks?

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  • Why they need name check when they have finger print? Name can be change any time where as finger print cant be.

    Not only that. but the law and regulations does not require name check for I-485! Only for naturalization. What the USCIS and FBI doing is illegal. Sue them, that's the only way they will understand that they are wrong.
    The decision to check reference files for FBI name check was made in December 2002 because N-400 was approved for a Hamaz member. The person's name did not have a hit in main files, but did have a hit in reference files. That's why the USCIS requested FBI to check reference files for naturalization applicants. FBI however decided to check refernce files for ALL requests. By law, background criminal investigation is required only for naturalization and asylum!

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  • I still would not put the blame on the lender. Nobody put a gun to your head and asked you to buy a home. You, out of your own volition, went to the lender after all the shopping you did for rates, then settled with one lender and signed the contract. Why is it the lender's fault for lending you money when you needed it? Why didnt you finanance the whole purchase yourself? You didn't have that kind of money, right? So what the lender did was charge you interest, as a fee for loaning you the money. So the builder/owner of the home got his money from the bank and left. Now the two parties involved are you and the lender. And it is your obligation to pay the loan whether the home appreciates or depriciates. Like Canadian_Dream already said, any investment has risk associated with it. You should have paid attention to it before signing the contract. Have you ever invested in a stocks or mutual funds? There is always a disclaimer that there is a certain amount of risk involved. The investment in real estate is just like that. It is not like putting away money in a savings account which is insured by FDIC.

    If someone is dumb enough not to know these things he should not be investing in the first place!

    From the punjabi's perspective, it is entirely punjabi's fault. Because he knew what he is getting into when he signed the contract. From the public perspective, the banks were stupid to loan money to everthing that moves and later asking for bailout money from tax payers. I think this is what RDB is trying to say.

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  • Thanks guys .... for coming behind me .. Shane Warne or Purple Haze won't satisfy you guys .. Y dont we discuss how Kanimozhi's discontent couldn't play spoil sport for the new govt and how Azhagiri got cornered with chemicals and fertilizers (these 2 are not any interntaional fame for an american 'tunnel rat' to know abt them).

    Above all I am here to get some information to bring a company which violates rules to authorities, nothing more nothing less and not here to do any name calling of mud slinging.

    Don't worry buddy.. I am sure these guys were only pulling your leg.

    Yeah I am sure everyone should stand up against violations . It doesn't matter if it is done by Americans or Indians or any other national. Just because most of the L1's in this particular case are Indians there is no reason to turn a blind eye to someone breaking the law.

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  • It is not good disparaging the countries needing TV by calling them idiotic and asking for boycott etc. Please know that you are living in a country (USA) which is far worse than those "idiotic" countries in this respect since 2003. US needs C1 visa for transiting through its airports even when you have a valid VISA stamp in your passport to a destination country and you need to fill eqaully gruelling application (DS 156). Also you need to carry documents for travel purposes and financial support.

    i'm utterly shocked.. dude ...u like to live in pain..u like injustice.. u should see a doctor asap!

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  • The text is at the link below.


    Section 501 and 503 would help retrogression a lot.

    Section 503 will do more harm and add fuel to retrogression. Either it shall be redrafted or we shall oppose without any doubt

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  • Milind...

    good writing skills in that pain too...
    a 10 on 10 on that...

    thanks for the post before even people book their tickets via British babu's place..

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  • Man this is Federal government dude and more over part of DHS. This is not a privately owned corrupted company where they can dick around with people.

    This is nothing new, things like this happen in almost all parts of the world. Remember Enron, one fine morning thousands of people found that their life savings or retirment savings got wiped out clean with nothing to fall back on. Same could be said of about a lot of dot com millionaires. Life is very very unfair, what other explanation do we have other than that.

    I received the same thing. A canned reply asking to use their phone lines for inquiries. They returned my original envelope as well as my letter :rolleyes:
    No responses from anyone else.

    Well we cannot expect any better. Our aim is to make sure that we do not get frivolous denials on 485 for ac21 cases and we have to work towards that.

    Have a questions for the Gurus...Is Credit Check performed during any of the processes related to FBI (for people who are present in the US with a SSN) ? IF so, will a Foreclosure in the credit check cause any problems or delays in adjudicating the 485 petition ?

    Thanks in advance for the information that anyone provides.

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