EB-2 progress under new bill


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Posted

I have a STEM Masters degree and am in the EB2 queue. If I am understanding the proposed CIR bill in the current form correctly, I would get a GC because large numbers of people in EB-1/EB-2 would no longer be subject to annual limitations. So their GCs would not count against the 'cap' and this would leave more capped visas available for people like me. Is my understanding correct?

I have used up my 6 years of H1-B and have my 140 approved but not the 485. So the bill really doesn't change anything if I want to switch jobs? (Hold on to date, switch and get process repeated by new employer to get back in line)

Posted

As Joe said, the bill is still in draft proposal. Section 203(b) (employment based visa ) has changed extensively. According to proposal EB2 visa candidates with STEM Advanced degree would not fall under cap if the petition date is within 5 years of graduation date from accredited university. So in your case you should be cap exempt too. but again this is just a draft and is case specific.

If interested read section "SEC. 2307. ALLOCATION OF IMMIGRANT VISAS" page 304 in the draft proposal.

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