Possibly no more numerical caps for Rns until 2017

[lawrence01]

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The goal of the bill reported out of the Senate Judiciary Committee on

March

27 is to fashion an employment-based immigration system that meets the

needs

of our growing economy. Our immigration system should continue to

reunite

families and to give haven to persons who would be persecuted in their

native

countries. However, it should also operate in our country's

self-interest by

allowing persons with needed skills to immigrate to the U.S.

The Senate bill would make the following improvement in the EB system:

* The numerical cap of EB immigrants would increase from 140,000 to

290,000 annually;

* Spouses and children of principal immigrants would no longer count

against the numerical cap. This important provision would be

retroactive to immigrant visas issued on or after October 1, 2004;

* Unused EB immigrant visas would no longer expire at the end of the

government's fiscal year (September 30). In addition, the bill

would allow unused immigrant visas dating back to 2001 to be

"recaptured" and used now and in the future;

* Per-country limits would be increased from 7% to 10% of the

worldwide numerical cap in order to ease backlogs for highly

skilled workers born in populous countries (India and mainland

China).

The EB preference system would be restructured as follows:

* 1st Preference (from 28.6% to 15% or from 43,500 to 40,000);

* 2nd Preference (from 28.6% to 15% or from 43,500 to 40,000);

* 3rd Preference (from 28.6% to 35% or from 30,000 to 101,500);

* 4th Preference - Immigrant Investors (from 7.1% to 5% or from 10,000

to 14,500);

* 5th Preference - Unskilled workers (from 5,000 to 87,000);

* Special Immigrants - Would still be limited to 10,000 immigrant

visas per year, but would be exempt from the worldwide numerical

cap.

The bill would exempt the following classifications of immigrants from

all

numerical caps:

* Persons of extraordinary ability;

* Outstanding professors and researchers;

* Persons with national interest waivers;

* Persons with advanced degrees in science, technology, engineering

and math ("STEM") and three years experience working on a

nonimmigrant visa in the U.S. in a related field. STEM applicants

would qualify for more flexible special handling labor

certification procedures;

* Registered nurses and physical therapists until 2017.

Overall, the committee bill would overhaul the outdated

employment-based

preference system, insure that our country has access to the best and

the

brightest professionals from around the world, and would provide

enough

additional EB visas to eliminate the backlogs which have developed

during

the past year.