Immigration Innovation Act 2013 (I^2 Act 2013, I Squared Act 2013)

[rahul412]

Before USCIS fix the legally entered GC cases, there is an immediate need to fix the illegally enetred kids status. Parents might have came here illegally, that should not punish innocent kids who are turning 18years and suffer for their education. Congress has to fix this at high priority, later consider the GC for legally entered people. I do understand the wait time is long for legally enetered GC cases, but GC will come one day or the other. If we think of kids, they have no hopes nor they have no valid legal status, which will be a bigger and serious issue for schooling.

-Swamy

Agreed, that's why some Senators recommend CIR.

[tusharvk]

Before USCIS fix the legally entered GC cases, there is an immediate need to fix the illegally enetred kids status. Parents might have came here illegally, that should not punish innocent kids who are turning 18years and suffer for their education. Congress has to fix this at high priority, later consider the GC for legally entered people. I do understand the wait time is long for legally enetered GC cases, but GC will come one day or the other. If we think of kids, they have no hopes nor they have no valid legal status, which will be a bigger and serious issue for schooling.

-Swamy

what about the kids of legal EB waiting people who are non-USC and facing aging out issue?

do you want to include them?

[tusharvk]

The information and data on unused and recaptured permanent residency visa (green card) numbers was in the USCIS Ombudsman's 2010 report to Congress. You can find the reference and information through a web search (note I only referred to approximate numbers). The number of "lost visa numbers" is not "in some years" (i.e. per fiscal year), it is the cumulative total over the past several years. The number of "lost visa numbers" in any single fiscal year.is far less. The information and data refers to employment based (EB) permanent residency visas (green card) numbers.

so recapturing unused visas would provide significant number of visas.

I do think the backlog is hard to clear though. 190k additional numbers to the annual limit would be hard to implement.

To use the additional numbers in 1 year, suppose DOS moves all the numbers to current in all categories. This will flood USCIS with applications from EB3 and EB2 waiting people (485\EAD\AP) Anyone who has approved perm can file. So, this has to be gradual such as 40k additional numbers every year and clear the additional numbers (190k or so) in 5 years. Backlog will persist.

[submit2junk]

so recapturing unused visas would provide significant number of visas.

I do think the backlog is hard to clear though. 190k additional numbers to the annual limit would be hard to implement.

To use the additional numbers in 1 year, suppose DOS moves all the numbers to current in all categories. This will flood USCIS with applications from EB3 and EB2 waiting people (485\EAD\AP) Anyone who has approved perm can file. So, this has to be gradual such as 40k additional numbers every year and clear the additional numbers (190k or so) in 5 years. Backlog will persist.

All that is needed in such a scenario is to do this (suggestion) - Declare EAD is valid for travel and also be considered same as GC. Pay some amount during EAD (revised GC) renewal to keep it going till actual GC arrives. Where there is will (intention) there is a way. No need for cumbersome paperwork. Legal immigrants who have not applied for EAD yet for their children can apply and should be good to go if such a decision is announced. Less paperwork with AP renewal too.

[a0756944]

what about the kids of legal EB waiting people who are non-USC and facing aging out issue?

do you want to include them?

EB waiting people like us when granted GC, kids will become derivative for GC. Illegal kids has no legal status, where as EB waiting kids are in legal status and they do have valid VISA. Based on their legal statsu EB waiting kids can join college. Depending on the parents income EB waiting kids may qualify for FASA(I doubt any H or L visa holders will qualify for this). In summary EB waiting kids has no issue at all.

[tusharvk]

EB waiting people like us when granted GC, kids will become derivative for GC. Illegal kids has no legal status, where as EB waiting kids are in legal status and they do have valid VISA. Based on their legal statsu EB waiting kids can join college. Depending on the parents income EB waiting kids may qualify for FASA(I doubt any H or L visa holders will qualify for this). In summary EB waiting kids has no issue at all.

I am talking about aging out issue. consider the long wait for eb3 and eb2 in.

[chakrakr]

EB waiting people like us when granted GC, kids will become derivative for GC. Illegal kids has no legal status, where as EB waiting kids are in legal status and they do have valid VISA. Based on their legal statsu EB waiting kids can join college. Depending on the parents income EB waiting kids may qualify for FASA(I doubt any H or L visa holders will qualify for this). In summary EB waiting kids has no issue at all.

You are wrong . If someone cannot apply 485 before turning 18 , he/she cannot apply for GC as dependent. And you probably know that there are thousands who cannot apply 485 in foreseeable future. Also, in most states , H4 kids need to pay out of state tuition and not eligibile for any scholarship (except those available to foreign students).

Further, if their parent loss job on H1, they will have to return to their home country (the same argument as illegal immigrant kids)

[catx]

EB waiting people like us when granted GC, kids will become derivative for GC. Illegal kids has no legal status, where as EB waiting kids are in legal status and they do have valid VISA. Based on their legal status EB waiting kids can join college. Depending on the parents income EB waiting kids may qualify for FASA(I doubt any H or L visa holders will qualify for this). In summary EB waiting kids has no issue at all.

The information regarding legal alien dependent children is wrong on at least a couple counts. First, there is no such thing as an EB status / visa. One is on an alien visa (e.g. H) or in a period of authorized stay up through the I-485 adjustment of status approval. During this time dependent children are not eligible for FAFSA (federal) college grants or student loans or many scholarships that are only available to U.S. citizens / permanent residents. Second is the issue of dependent children "aging out" (at 21 years old) while the principle beneficiary (parent) with an approved I-140 petition waits for their priority date to become current. This happened to my son last year. After living and going to school in the U.S. as a legal alien for the majority of his life, when he turned 21 (plus a few months for the I-140 processing time) he lost immigration benefit -- notably derivative permanent residency (green card), had to switch from a H-4 visa to a F-1 visa to finish the last year and a half of his university degree (in biology), and will be at the back of the line when pursuing his own permanent residency. This may also happen to my daughter as well.

[tusharvk]

All that is needed in such a scenario is to do this (suggestion) - Declare EAD is valid for travel and also be considered same as GC. Pay some amount during EAD (revised GC) renewal to keep it going till actual GC arrives. Where there is will (intention) there is a way. No need for cumbersome paperwork. Legal immigrants who have not applied for EAD yet for their children can apply and should be good to go if such a decision is announced. Less paperwork with AP renewal too.

There could be other suggestions as well. That is not the issue.

What happened to EB2 IN last year? anticipating the overflow from eb1in, the dos moved the dates too far ahead. 485/ead/ap applications flooded the USCIS from eb2in. Dates had to be retrogressed severely.

Within the existing bureaucracy, the same thing is likely to happen in case of unused numbers being made available.

[tusharvk]

You are wrong . If someone cannot apply 485 before turning 18 , he/she cannot apply for GC as dependent. And you probably know that there are thousands who cannot apply 485 in foreseeable future. Also, in most states , H4 kids need to pay out of state tuition and not eligibile for any scholarship (except those available to foreign students).

Further, if their parent loss job on H1, they will have to return to their home country (the same argument as illegal immigrant kids)

well said.

Sometimes arguments are made that the legal EB kids can just apply F1\H1b and may be relocate to their country of birth (where they may have no ties either). Appalled at such arguments.

[catx]

There could be other suggestions as well. That is not the issue.W

hat happened to EB2 IN last year? anticipating the overflow from eb1in, the dos moved the dates too far ahead. 485/ead/ap applications flooded the USCIS from eb2in. Dates had to be retrogressed severely.

Within the existing bureaucracy, the same thing is likely to happen in case of unused numbers being made available.

Regarding the last statement, this is a misinterpretation of the process.

It is correct that the recent advance in the EB2 India priority date caused a (unexpected) "flood" of I-485 adjustment for status filings, which quickly used up and oversubscribed the available permanent residency (green card) numbers, which in turn required the regression in the priority date. (This miscalculation by the USCIS has been attributed to not having a way of determining the number of EB2 cases that were ported from EB3.)

If the unused permanent residency visa (green card) numbers from previous years were recaptured, then there would be significantly more visa numbers available, so a "flood" of I-485 filings would not use up and oversubscribe the available visa numbers and there would be no need to regress the priority date. That being said, it is probably correct that recapturing the unused permanent residency visa (green card) Numbers will result in a notable increase in the time it takes the USCIS to process an I-485 adjustment of status filing due to the increased demand / case load.

[submit2junk]

In my suggestion, there is no need for numbers. All that is required is to declare EAD is as good as GC. With EAD, you can work only full time (excluding jobs that required citizenship) and need to be renewed every 2 years. If DHS/USCIS declares EAD is valid for travel , then no need for separate AP and EAD becomes as good as GC for travel purpose. If they declare it is valid for all jobs for which a GC holder can apply then it is as good as GC from employment purpose view. If millions of illegals can be made legal what is the issue in raising EAD to the level of GC .. It will reduce paperwork .. no need for numbers .. the numbers can be used for people who have not yet applied 485. EAD has A#. What else is required?

[tusharvk]

Regarding the last statement, this is a misinterpretation of the process.

It is correct that the recent advance in the EB2 India priority date caused a (unexpected) "flood" of I-485 adjustment for status filings, which quickly used up and oversubscribed the available permanent residency (green card) numbers, which in turn required the regression in the priority date. (This miscalculation by the USCIS has been attributed to not having a way of determining the number of EB2 cases that were ported from EB3.)

If the unused permanent residency visa (green card) numbers from previous years were recaptured, then there would be significantly more visa numbers available, so a "flood" of I-485 filings would not use up and oversubscribe the available visa numbers and there would be no need to regress the priority date. That being said, it is probably correct that recapturing the unused permanent residency visa (green card) Numbers will result in a notable increase in the time it takes the USCIS to process an I-485 adjustment of status filing due to the increased demand / case load.

Since they can not handle the load of the increased flood, if the processing time for 485 go up to 1 year, some numbers will be lost anyway.

If the dates remain current or close to current for a year, there will be a flood of new cases (people will file and get approved perm in 3-4 months) and go ahead with their concurrent filings 140\485\ead\ap.

[catx]

Suggesting that making a "EAD (employment authorization document) is as good as [a] GC (green card / permanent residency immigrant visa)" has essentially been proposed by both reputable immigration attorneys and as a House bill (and in both cases it has gotten no traction). First, a proposal has been put forward by knowledgeable immigration attorneys that under current law the administration (versus the legislature / Congress) could allow an I-485 adjustment of status to be filed upon I-140 petition approval regardless of the current priority date, and thus authorize EAD / AP, freeze 'aging out' dates, etc. upon I-140 approval. For more information lookup "The Tyranny of Priority Dates". Second, Rep. Zoe Lofgren has repeatedly proposed legislation (House bills) that among other employment based immigration reforms would create a new visa for persons with an approved I-140 petition who are waiting for their priority date to become current that would replace H-1B extensions and effectively be EAD / AP, etc.

[catx]

That is why along with the recapture of the unused permanent residency visa (green card) numbers from previous years it is proopsed that there would also be rollover of visa numbers from fiscal year to fiscal year so going forward none go unsed and are 'lost'. Just a (almost certain) increase in the I-485 adjustment of status processing time.

[submit2junk]

Suggesting that making a "EAD (employment authorization document) is as good as [a] GC (green card / permanent residency immigrant visa)" has essentially been proposed by both reputable immigration attorneys and as a House bill (and in both cases it has gotten no traction). First, a proposal has been put forward by knowledgeable immigration attorneys that under current law the administration (versus the legislature / Congress) could allow an I-485 adjustment of status to be filed upon I-140 petition approval regardless of the current priority date, and thus authorize EAD / AP, freeze 'aging out' dates, etc. upon I-140 approval. For more information lookup "The Tyranny of Priority Dates". Second, Rep. Zoe Lofgren has repeatedly proposed legislation (House bills) that among other employment based immigration reforms would create a new visa for persons with an approved I-140 petition who are waiting for their priority date to become current that would replace H-1B extensions and effectively be EAD / AP, etc.

Also the problem of backlog can be addressed by de-centralizing the workload. All DHS/USCIS has to do is to offload the work to local DHS/UCSIS office. Let me give an example. I know people obtaining AP in real emergency scenarios from local field offices. If that is possible, it should be possible to get the EAD extended by making a visit to the local office and the field offices should be authorized to issue / renew EADs. Since EAD has unique A# + photo id duplication / forgery is avoided. THIS WILL OFFLOAD THE WORKLOAD FROM NEBRASKA / TEXAS ETC SERVICE CENTERS. It will give MORE TIME for those in those locations to do what they have in hand and also INCREASE EMPLOYMENT OPPORTUNITIES AT THE LOCAL FIELD OFFICES (INFOPASS locations - a job that takes 36 months to get done at the central location will get done in 1-2 weeks optimistically speaking). This postal wait too will be reduced. As i mentioned earlier , if EAD is declared to be valid for employment + Travel + Residency purposes and renewal is authorized with infopass appointments , then it will reduced paperwork regarding AoS and also take off a major chunk of the workload in the future for ALL. Peace of mind.

[Shurap1]

Also the problem of backlog can be addressed by de-centralizing the workload. All DHS/USCIS has to do is to offload the work to local DHS/UCSIS office. Let me give an example. I know people obtaining AP in real emergency scenarios from local field offices. If that is possible, it should be possible to get the EAD extended by making a visit to the local office and the field offices should be authorized to issue / renew EADs. Since EAD has unique A# + photo id duplication / forgery is avoided. THIS WILL OFFLOAD THE WORKLOAD FROM NEBRASKA / TEXAS ETC SERVICE CENTERS. It will give MORE TIME for those in those locations to do what they have in hand and also INCREASE EMPLOYMENT OPPORTUNITIES AT THE LOCAL FIELD OFFICES (INFOPASS locations - a job that takes 36 months to get done at the central location will get done in 1-2 weeks optimistically speaking). This postal wait too will be reduced. As i mentioned earlier , if EAD is declared to be valid for employment + Travel + Residency purposes and renewal is authorized with infopass appointments , then it will reduced paperwork regarding AoS and also take off a major chunk of the workload in the future for ALL. Peace of mind.

You mean like DMV, you go show documents and get your license out the same day right?

[submit2junk]

Yes .. somewhat along that line .. the silver lining is it creates job opportunities .. I don't see any reason why renewals need to be centralized .. We are living in a world of technology .. Things should be made easier and less complicated .. If the Government decides to ease immigration then decentralizing is one of the options by which things can be speeded up. In fact , i would suggest , issue GC when EAD is due for renewal .. if DHS/USCIS is having difficulty attending to all the pending cases .. ( Repeat - Issue GC when EAD is due for renewal) .. Don't worry about Visa Number availability .. I googled for GC image .. it seems to be having only A# .. Hope this clarifies

[tusharvk]

is it likely that ead may turn into GC and will be issued same day like drivers' license at dmv?

This is a good backup plan for legal EB immigrants to may be obtain an admin fix if the CIR fails.

[submit2junk]

>is it likely that ead may turn into GC and will be issued same day like drivers' license at dmv?

>This is a good backup plan for legal EB immigrants to may be obtain an admin fix if the CIR fails.

It is now in their hands .. up to them to decide if they want to provide employment opportunities.. Forum's like this do provide good justifications .. ideas .. Thanks to Murthy & co

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[tvenkata]

I have lived in the US legally for 16 years now and have two MS degrees and was happy to see this immigration reform bill finally be proposed. I am sure I am only one of so many frustrated legal immigrants.

Does anyone know if the STEM degree green cards apply to all advanced science degrees? One of my co-workers mentioned that biological sciences degrees are exempt from the STEM green card category. I have not been able to find any references for it. Can anyone throw more light on this issue?

[catx]

First, it is (way) too early to tell if any specific degrees (such as biological sciences or biomedical sciences) would not be included in the STEM categories.

Second, I (strongly) suspect that the USCIS list of "STEM Designated Degree Programs" applicable for OPT STEM extensions would also be used for advanced STEM degree based permanent residency (green card) in any applicable immigration legislation. This list specifically includes "Biology/Biological Sciences, General" and "Biomedical Sciences, General" along with many other discipline specific biological degrees.

Respectfully, tell your co-worker and whoever else that they should refrain from such speculation about possible immigration reform legislation, and wait until there is a actual bill in Congress. Spreading rumors ('OMG, the sky is falling') does not help anyone, and is in fact detrimental.

[Shurap1]

I have lived in the US legally for 16 years now and have two MS degrees and was happy to see this immigration reform bill finally be proposed. I am sure I am only one of so many frustrated legal immigrants.

Does anyone know if the STEM degree green cards apply to all advanced science degrees? One of my co-workers mentioned that biological sciences degrees are exempt from the STEM green card category. I have not been able to find any references for it. Can anyone throw more light on this issue?

STEM stands for Science Technology Engineering Mathematics

So your US advanced degree being in the field of Science I think you will qualify for STEM quota if it is approved.

[tvenkata]

Thanks catx. I saw your post in the other thread also. Appreciate your input. I agree with you that I will wait to see whats in the final draft of the bill.

Anyways, I have since done a few more searches the point about life scientists being excluded isn't without precedent.

http://**************.html

An earlier version of bill suggested cutting out life scientists and supposedly it has bipartisan consensus. Anyways, as you said I will await to read with great interest the final version of the bill when it appears. Thanks guys.

[catx]

Based on your post I did some searching, and you are correct that biosciences were (surreptitiously) not included (versus specifically excluded) in a House Republican STEM visa bill from last September (read pre-election) by Rep. Lamar Smith (who was charmian of the House judiciary committee in the last Congress). Of course this bill failed as was expected, and in many ways was a pre-election political move to counter the Democrats STEM visa bill (which did not exclude biosciences).

As far as I can tell there are no such exclusions in the proposed Immigration Innovation (I2) Act of 2013. Also in the new Congress Rep. Lamar Smith is no longer chairman of the House judiciary committee, which has responsibility over immigration legislation. The general thought is that the Senate 'gang of 8' will officially release proposed comprehensive immigration reform language this month. This should be the first proposal that should be given truly serious analysis and consideration.