EB2 Exceptional Ability

Fairness for High-Skilled Immigrants Act – Let’s Get It Right This Time Around

high skilled immigrants act

Brief History of High-Skilled Immigrants Act

The fairness of High Skilled Immigrants Act was discussed during a February 13, 2013 Senate Hearing.  If you recall, the Bill was introduced to the House in September 2011 and subsequently passed in November 2011 by the U.S. House of Representatives.  It has subsequently been stalled by the Senate.  However, during a Senate Hearing Senator Lee, a Republican from Utah stated he will be introducing the bill in the Senate.

What is the purpose of this Act? 

The purpose of the Fairness of High Skilled Immigrants Act is to “amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other purposes.”

Who will be affected under this Act?

As many are aware, the per country limitations is a complete disaster.  By a simple review of the Visa Bulletin, you will see that a skilled worker in the Employment Based Green Card category of EB3 from India has over a 10 year wait time.… Continue reading...

Posted in Comprehensive Immigration Reform, EB1 Extraordinary Ability, EB2 Exceptional Ability, EB3 Professional Skilled Workers, Immigration Lawyer Blog, Immigration Reform, PERM | Tagged , , , , |

Comprehensive Immigration Reform 2013: Fight or flight?

Comprehensive Immigration Reform 2013 - Chicago Immigration Lawyer

The Immigration Reform 2013 debate, or rather “fight” is forming its foundation after having been lingering as a broken system for years.  This lingering has unfortunately been the cause of politics as opposed to doing what’s right for the country.  There have been repeated attempts to fix the system but unfortunately a lack of follow through by Congress.  No example makes this clearer than the frequent attempts by President George W Bush to repair the broken immigration system during his eight years as President.

Immigration Reform under Bush’s Presidency

President Bush attempted to secure the borders, create a guest worker program, add more H1B visas, and most notably pass Comprehensive Immigration Reform.  Love his politics or hate his politics, he at least tried to address the problems but ultimately failed at each attempt by the resistance in Congress.  For a list of some of President Bush’s speeches on Immigration, Ontheissues.org has compiled quotes from President Bush’s speeches regarding Immigration seen in this link.… Continue reading...

Posted in Comprehensive Immigration Reform, Dream Act, E Visa, EB2 Exceptional Ability, EB2 NIW, EB3 Professional Skilled Workers, H1B Specialty Worker Visa, Immigration Lawyer Blog, Immigration Reform | Tagged , , , , , , |

Impact of Arbitrary Congressional Caps on Employment Visas

 

The recent discussion about comprehensive Immigration Reform by both Republican and Democratic leaders has been highly encouraging.  As many politicians say however, the Devil is in the details.  It will be very interesting and life changing for many if Comprehensive Immigration Reform is actually passed, and if so, what is actually passed.  A recent blog article by Walter Ewing of Immigration Policy Center (IPC) of the American Immigration Council in Washington, DC. , supported by studies from Think Tanks and Associations such as Brooking Institution and the Kaufman Foundation.  The studies highlighted some of the contributions that Immigrants make to America, through economics, business, and science.  In particular, Ewing’s article cited a study that stated foreigners conservatively contributed $21.8 Billion dollars to the U.S. economy.  Additionally, “the National Science Board estimates that, in 2009, immigrants accounted for 41.6% of all science-and-engineering workers in the United States who had a doctorate and 33.4 percent those with a master’s degree.… Continue reading...

Posted in EB1 Extraordinary Ability, EB2 Exceptional Ability, EB2 NIW, EB3 Professional Skilled Workers, H1B Specialty Worker Visa, Immigration Lawyer Blog, Immigration Reform, Labor Condition Application (LCA), PERM | Tagged , , , , , , , , |

PERM Labor Certificate – The Message of Microsoft

PERM (Labor Certification Application) is an initial employer-sponsored green card process that foreign professional workers have to go through if they wish to gain permanent residency through their employment in the United States, such as EB2 or EB3 green cards.  It is used as a test of the employment market in a specific location for whether there are any other U.S. workers for a specified position that requires specific skills and levels of experience are available, qualified and willing to take up such position.  Employer must prove that the job position offered is one that no other sufficient U.S. workers are available, able, willing and qualified to fulfill and the prospective non-U.S. employee is the only qualified and available person for such a position.

As experienced PERM immigration lawyer in Chicago, one of the common pitfalls for PERM applications are making a particular set of job duties too narrow or exclusive to limit the amount of workers qualified for the position (i.e.… Continue reading...

Posted in EB2 Exceptional Ability, EB3 Professional Skilled Workers, Immigration Lawyer Blog, PERM | Tagged , , , , |

Proposed Bills to Reduce the Employment Based Green Card Backlog: Is It Election Related or For Real?

2012 Election and Immigration

The 2012 Election is just around the corner. Republicans versus Democrats, Romney versus Obama. A season of hearing many promises, pledges, and reforms, getting the Americans and others excited for hope and change, going forward, and whatever catchy slogan can be thought of. As part of these promises are lofty expectations of balancing the budget, improving the economy, jobs for everyone, and the list can go on. One added item to the list are all the new proposed legislation for Immigration.

You may recall that in 2008 Senator Obama’s promise for comprehensive immigration reform within 1 year of his Presidency. Now in 2012 we had President Obama discussing moving the location of adjudication of Extreme Hardship Waiver’s to the United States as opposed to the illegal alien needing to return home for adjudication. Also in 2012 we had President Obama’s Deferred Action plan being announced and introduced. Please note that deferred action is nowhere near Comprehensive Immigration Reform as Deferred Action just gives illegal aliens that were brought to the US as children that meet certain other requirements the right to work.… Continue reading...

Posted in Deferred Action, EB1 Extraordinary Ability, EB2 Exceptional Ability, EB2 NIW, H1B Specialty Worker Visa, Immigration Lawyer Blog, PERM | Tagged , , , , , , |