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Immigration bill summary

Chalanachithram.com DB » TF Industry related » Archive through April 18, 2013 » Immigration bill summary « Previous Next »
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Diwakaram_april1
Hero
Username: Diwakaram_april1

Post Number: 10192
Registered: 12-2007
Posted From: 72.48.77.107

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Posted on Tuesday, April 16, 2013 - 10:16 pm:       

Rajesh Khanna gaaru kooda EB1 and Eb3 gurinchi talking sesaaru and nothing on EB2. etheyyadam better emo EB2 :-(
 

Geohot
Junior Artist
Username: Geohot

Post Number: 418
Registered: 03-2010
Posted From: 24.229.233.87

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Posted on Tuesday, April 16, 2013 - 10:01 pm:       

I think this is good for people who come in F1 visas and GC/Citizens..
no sale of 2 testers for 25$/Hr concepts by TCS/INFY/WIPRO/Cognizent etc etc..
good for americans too.. money will stay in US..
 

Pawanism
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Username: Pawanism

Post Number: 26
Registered: 04-2013
Posted From: 76.115.122.60

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Posted on Tuesday, April 16, 2013 - 09:28 pm:       

asalu....ee clause ela work avuthundi inni years nunchi...

We prevent H-1B workers from undercutting the wages paid to American workers by

requiring employers to pay significantly higher wages for H-1B workers than under current
law (and to first advertise the jobs to American workers at this higher wage before hiring an
H-1B worker).


infosys, winpro, tcs andhariki chaala takkuva kada ichchedhi tella valla kanna
 

Man_of_masses
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Username: Man_of_masses

Post Number: 12879
Registered: 01-2008
Posted From: 173.88.182.198

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Posted on Tuesday, April 16, 2013 - 09:26 pm:       


Seinfeld:


arey naak gc eppudu istaro seppu chalu..
http://i42.tinypic.com/54g1g2.png
 

Pawanism
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Username: Pawanism

Post Number: 25
Registered: 04-2013
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Posted on Tuesday, April 16, 2013 - 09:25 pm:       

inthaki Eb3 vallaki GC eppudu vasthadi....????
 

Seinfeld
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Username: Seinfeld

Post Number: 12082
Registered: 03-2008
Posted From: 198.36.94.35

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Posted on Tuesday, April 16, 2013 - 02:35 pm:       

H-1B Visa Reform

• We will raise the base cap of 65,000 to 110,000 (we amend the current 20,000 exemption for

U.S. advanced degree holders to be a 25,000 exemption for advanced degree graduates in
science, technology, engineering, and mathematics from U.S. Schools).

• In future years, the cap can go as high as 180,000. The cap will increase/decrease in the

following way:

a. It will be based on two factors plugged into one formula known as the “High
Skilled Jobs Demand Index” (with each factor weighed at 50%):

i. The percentage by which cap-subject nonimmigrant visa petitions
approved under section 101(a)(15)(H)(i)(b) for a fiscal year exceeds/fails
to meet the cap (50%)
ii. The inverse of the percentage increase/decrease between the previous
fiscal year and the current fiscal year in the number of unemployed
persons in the “management, professional, and related occupations
category” of BLS data (50%).

b. The most the cap can increase/decrease by each year is 10,000 visas.

• We prevent H-1B workers from undercutting the wages paid to American workers by

requiring employers to pay significantly higher wages for H-1B workers than under current
law (and to first advertise the jobs to American workers at this higher wage before hiring an
H-1B worker).

10

• We will 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.

• We will establish a 60-day transition period for H-1B workers to change jobs.

• We will provide dual intent visas for all students who come here on bachelor’s degree

programs or above.

•

We crack down on abusers of the H-1B system by requiring “H-1B dependent employers” to
pay significantly higher wages and fees than normal users of the program.

•

If the employer has 50 or more employees, and more than 30% but less than 50% are H-
1B or L-1 employees (who do not have a green card petition pending), the employer must
pay a $5,000 fee per additional worker in either of these two statuses.

•

If the employer has 50 or more employees, and more than 50% are H-1B or L-1
employees (who do not have a green card petition pending), the employer must pay a
$10,000 fee per additional worker in either of these two statuses.

•

We will also crack down on the use of the H-1B and L visas to outsource American jobs
by prohibiting companies whose U.S. workforce largely consists of foreign guestworkers
from obtaining additional H-1B and L visas.

•

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%

•

We require recruiting of American workers prior to hiring an H-1B nonimmigrant. The
Secretary of Labor must establish a searchable website for posting H1B positions. The site
must be operational and online within 90 days of the passage of the new law. We require
employers to post a detailed job opening on the Department of Labor's website for at least 30
calendar days before hiring an H1B applicant to fill that position.

•

We bar employers from recruiting or giving preference to H-1B or OPT workers over
American workers.

11

•

We establish significant new authorities and penalties to prevent, detect, and deter fraud and
abuse of the H-1B and L-1 visa systems by fraudulent employers.
 

Seinfeld
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Username: Seinfeld

Post Number: 12081
Registered: 03-2008
Posted From: 198.36.94.35

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Posted on Tuesday, April 16, 2013 - 02:34 pm:       

Legal Immigration

The bill eliminates the backlog for family and employment-based immigrants (see below
discussion of merit-based system).
Currently, there are four preference categories based on family relationships and 480,000
visas are allocated to family. Under the new system there will be two family preference
categories and they will cover unmarried adult children; married adult children who file
before age 31, and unmarried adult children of lawful permanent residents. We are expanding
the current V visa to include those with family relationships.
The bill repeals the availability of immigrant visas for siblings of U.S. citizens once 18
months have elapsed since the date of enactment.
The bill amends the definition of “immediate relative” to include a child or spouse of an alien
admitted for lawful permanent residence, and the child or spouse of an alien who is
accompanying or following to join the child, parent or spouse of a U.S. citizen or lawful
permanent resident.
The bill amends the existing category for married sons and daughters of citizens of the
United States to bar anyone from entering who is over 30 years of age.
The bill repeals the Diversity Visa Program. Aliens who were or are selected for diversity
immigrant visas for fiscal years 2013 or 2014 will be eligible to receive them.

6

On the employment green card categories, the bill exempts the following categories from the
annual numerical limits on employment-based immigrants: derivative beneficiaries of
employment-based immigrants; aliens of extraordinary ability in the sciences, arts, education,
business or athletics; outstanding professors and researchers; multinational executives and
managers; doctoral degree holders in STEM field; and physicians who have completed the
foreign residency requirements or have received a waiver.
The bill then allocates 40 percent of the worldwide level of employment-based visas to : 1)
members of the professions holding advanced degrees or their equivalent whose services are
sought in the sciences, arts, professions, or business by an employer in the United States
(including certain aliens with foreign medical degrees) and 2) aliens who have earned a
master’s degree or higher in a field of science, technology, engineering or mathematics from
an accredited U.S. institution of higher education and have an offer of employment in a
related field and the qualifying degree was earned in the five years immediately before the
petition was filed.
The bill increases the percentage of employment visas for skilled workers, professionals, and
other professionals to 40 percent, maintains the percentage of employment visas for certain
special immigrants to 10 percent and maintains visas for those who foster employment
creation to 10 percent.
The bill creates a startup visa for foreign entrepreneurs who seek to emigrate to the United
States to startup their own companies.
Merit Based Visa: 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.
Under one component of this merit based system the Secretary will allocate merit-based
immigrant visas beginning on October 1, 2014 for employment-based visas that have been
pending for three years, family-based petitions that were filed prior to enactment and have
been pending for five years, long-term alien workers and other merit based immigrant
workers.
Long –term alien workers and other merit based immigrant workers includes those who have
been lawfully present in the United States for not less than ten years and who are not
admitted as a W visa under section 101(a)(15)(W) of the Act.
Between fiscal years 2015 and 2021, the Secretary shall allocate a seventh of the total
number of those with employment based visas that have been pending on the date of
enactment. Petitions for spouses and children of permanent residents who are accorded
status under the INA are automatically converted to petitions to accord status as immediate
relatives. Between fiscal years 2015 and 2021, the Secretary shall follow a specific formula
to allocate visas to those with family based petitions pending on the date of enactment and
subject to some restrictions visas should be authorized in the order petitions were filed. In
fiscal year 2022, the Secretary of State shall allocate visas to half the number of those that
filed family based petitions after the date of enactment and had not had a visa issued by

7

October 2021. In fiscal year 2023, the visas should be allocated to the other half of those that
filed family based petitions after the date of enactment and who had not had a visa issued by
October 2021. Visas allocated for these family based petitions will be issued based on the
order in which petitions were filed.

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