texanguy
06-17 11:07 AM
This is by far the best action item i have seen so far (because it feels like it can be done by administrative change). I Support it 100% .
A REQUEST TO IV CORE:
Please start a letter campaign: I have been long trying to figure out who exactly is the decision maker for this policy. It would be a great help if we all know where to send the letters and who should we address to...
A REQUEST TO IV CORE:
Please start a letter campaign: I have been long trying to figure out who exactly is the decision maker for this policy. It would be a great help if we all know where to send the letters and who should we address to...
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rkotamurthy
08-28 01:20 PM
I am going to DC to participate in the Rally and meet Lawmakers. I know atleast half a dozen others from California who are going to DC. I think is your only chance to get your voice heard in the corridors of power.
PD_Dec2002
05-29 04:07 PM
Posting this since almost every thread has the question about the cut-off date after which all LCs or I-140s will be invalidated.
http://www.ilw.com/articles/2007,0530-endelman.shtm
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
... ...
Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
http://www.ilw.com/articles/2007,0530-endelman.shtm
Excerpt from "http://www.ilw.com/articles/2007,0530-endelman.shtm" posted earlier, the cutoff date is May 15, 2007; NOT May 21 2007. (Thanks to "cnag" for finding this link).
... ...
Wait, there is more! The end of employer-sponsored immigration and the inauguration of the points system do not take place at the same time. No kidding, there are two different dates when the old is no good and the new becomes available. If you can contain your excitement and read the finer points of Section 502(d)(1) of S. 1348, you will discover that the point system does not take effect until the first day of the fiscal year following enactment, unless (and there always is one) this is less than 270 days. What then? Not to fear. In that case, the point system does not "go live" until the first day of the FOLLOWING fiscal year. Keep reading! The point system in clause (1) is made expressly subject to clause (2) which has few surprises in store. It is not for the uninitiated or the faint of heart. These tender souls should protect their blood pressure and keep on reading. Pursuant to Section 502(d)(2), only those employment-based immigrant petitions on Form I-140 filed before the introduction of S. 1348 on May 15th will remain valid and serve as the basis for an immigrant visa after enactment. So what, you say? Well, suppose that President Bush signs the bill on September 10th 2007. That is the date of enactment. Now, the points system waits until October 1, 2008, the first day of the second fiscal year following enactment. From September 10, 2007 until October 1, 2008, over one year, we will have no employment-based green cards! You heard me right friend, no employer sponsorship based on anything after May 15th 2007 and no points system. This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
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vadicherla
11-25 08:01 PM
Thanks Pappu
more...
arnab221
10-12 10:52 AM
---
Yes, this issue is on IV's agenda and we will not rest till we fix it.
On 7th July, when Fightnow, had organized a small rally in San Jose.
Another IV member had asked me a similar question, Karthik are you reading this? Yes, we care, was my answer then and now.
Hello GSC999 ( I forgot your real name :-) ) .
It was good to see and meet you at the rally .I was wondering if IV or its leadership have any updates on, when any bill ( if any) will be unveiled in the house . The end of the year is fast approaching and although we hear every other day that Nancy Pelosi or Zoe Loefgren is going to unveil something , nothing seems to happen . Only letters are flying back and forth each day from Governers and Tech industry representatives , but there seems to be no action . I prefectly agree with the fact that people are getting a bit overly impatient on the issues here , but I who has been patiently waiting and waiting and working with the state chapters just see a lull and silence on the immigration front ( Skilled and Unskilled ) . No one wants to talk about it or do anything about it on the Hill.Please prove me wrong here , I WANT TO BE WRONG !!!
DC Rally participant ( 2 + 1)
Texas State Chapter member
Regular $ Contributer
Yes, this issue is on IV's agenda and we will not rest till we fix it.
On 7th July, when Fightnow, had organized a small rally in San Jose.
Another IV member had asked me a similar question, Karthik are you reading this? Yes, we care, was my answer then and now.
Hello GSC999 ( I forgot your real name :-) ) .
It was good to see and meet you at the rally .I was wondering if IV or its leadership have any updates on, when any bill ( if any) will be unveiled in the house . The end of the year is fast approaching and although we hear every other day that Nancy Pelosi or Zoe Loefgren is going to unveil something , nothing seems to happen . Only letters are flying back and forth each day from Governers and Tech industry representatives , but there seems to be no action . I prefectly agree with the fact that people are getting a bit overly impatient on the issues here , but I who has been patiently waiting and waiting and working with the state chapters just see a lull and silence on the immigration front ( Skilled and Unskilled ) . No one wants to talk about it or do anything about it on the Hill.Please prove me wrong here , I WANT TO BE WRONG !!!
DC Rally participant ( 2 + 1)
Texas State Chapter member
Regular $ Contributer
sats123
06-19 04:25 PM
Carlau, Thanks for helping me. I also got your PM. This is a great find. I am trying to look in this URL based on my job title.
sats123, I could help you on that (to guess the job description they used to file) - just try to find your position in here: http://www.flcdatacenter.com/OesWizardStart.aspx
sats123, I could help you on that (to guess the job description they used to file) - just try to find your position in here: http://www.flcdatacenter.com/OesWizardStart.aspx
more...
vamsi_poondla
01-27 04:27 PM
Do you expect this forum to be pro-employer when most of them are for lack of better words were screwed by consultants? People and relationship are important. Also, what is put on paper matters. As a matter of goodwill why cant the employer strike off that clause? Nobody is serving here. Businesses make money, investing in people, products and services. Why would an employee be subject to such clause like withholding the compensation, if employer for valid reasons wants to separate from this company? Immigrants are cautious because of the environment. This has nothing to do with Indians or desis or any race.
When you sign a contract, it is always better to read it, validate with others, seek legal advice(if needed/available) and sign. Because contract has legal binding unless it violates any law.
Again, this could be a boiler plate clause, but not a clean clause like,
"If one doesn't want to choose medical coverage, company will pay 5K extra as bonus very year" ;)
Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
When you sign a contract, it is always better to read it, validate with others, seek legal advice(if needed/available) and sign. Because contract has legal binding unless it violates any law.
Again, this could be a boiler plate clause, but not a clean clause like,
"If one doesn't want to choose medical coverage, company will pay 5K extra as bonus very year" ;)
Well, I read all the posts on this thread, they seem too cautious and pro employee. My advice to you is
1) People and relationships are more important than money. This is true only if the people are of high moral standard. If your company is going to teach you things (it is generally the case) then be receptive and serve them well. They might give you a raise. If they are prepared to invest in you, you should be prepared to invest in them. This will improve the image of indian workers.
2) The clause you are stating is not very bad. If you own a company and you teach your workers skills, you want something in return. You can avoid complications by making sure to clearly document what you already knew and what has been taught to you.
3) There are things called trade secrets. If the company teaches you these secrets you should not disclose it to others. Otherwise your ass is grass.
4) This is not the same as the 200,000$ bonded contract settlement precedent cited in the thread. It may not apply to your case. This is also not a legal forum. Pay 200$ consulting fees and talk to a lawyer and get advice. Don't loose sleep! and post that response here!!!!
We as immigrants tend to be too cautious. This is good, but it should not be in the way of good relationship with employers. Prepare for the worst and hope for the best!!!
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Dhundhun
07-19 05:59 PM
"Follow to join" provides derivatives opportunity to join beneficiary within 6 months (spouse and kids).
more...
gc_check
06-26 02:49 PM
Kinkos is horrible!!! I went there this morning and had to wait 40 minutes for my photos and when they came back they had a greenish tint and the colors were all washed out. They looked like a two year old photoshoped them :D Clearly they would have been rejected by immigration so I asked for my money back.
I then went to Sears and they did a great job. They have professional studio equipment and all it took was 5 minutes and I had all my copies looking great like they're supposed to.
So... Sears, highly recommended. They charged me $61 for two sets of 8 photos for me and my wife which is the same price as Kinkos or CVS & Walgreens, less the horrible amateurish quality.
I took the first set of photos in Walgreens, but the background was not clean although plain white.. they was a very light spot in center of the photo, although not obvious, when asked I was told thatz how the background screen is and all photos they take are the same and they showed me few samples. I was not happy and drove straight to Sears and the photo I took came out pretty good. Same or better than the samples in the link below
http://travel.state.gov/passport/guide/composition/composition_874.html
I recommend Sears too.
I then went to Sears and they did a great job. They have professional studio equipment and all it took was 5 minutes and I had all my copies looking great like they're supposed to.
So... Sears, highly recommended. They charged me $61 for two sets of 8 photos for me and my wife which is the same price as Kinkos or CVS & Walgreens, less the horrible amateurish quality.
I took the first set of photos in Walgreens, but the background was not clean although plain white.. they was a very light spot in center of the photo, although not obvious, when asked I was told thatz how the background screen is and all photos they take are the same and they showed me few samples. I was not happy and drove straight to Sears and the photo I took came out pretty good. Same or better than the samples in the link below
http://travel.state.gov/passport/guide/composition/composition_874.html
I recommend Sears too.
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Shirdibaba
11-11 12:44 PM
Hi folks,
We had the appt wt infopass the other day.I guess it was just like others,some kinda error and that happened opening the SR wt TSC.They said our case is preadjudicated.and said we may want to check on the case by making an appt wt the center but maybe NOT calling and opening a service request.What a waste of time n energy, all the agony we had to go through!!
NOW guys i have some other issue/question to ask u all.
After the EAD is approved do u necessarily have to be working for the same employer who sponsored for you? Ours is like future appointment.The USCIS wanted some docs from us this June re the appontment/work related.And yesterday when we asked that officer she said our case is preadjuticated as of Oct 2009.So far we have taken couple of paychecks frm the sponsoring company.But then we have our own small business also that has kept us going.And we were thinking of taking more paychecks after the GC is approved.Does that make sense to you guys? or are we at fault?
PLS Suggest??
We had the appt wt infopass the other day.I guess it was just like others,some kinda error and that happened opening the SR wt TSC.They said our case is preadjudicated.and said we may want to check on the case by making an appt wt the center but maybe NOT calling and opening a service request.What a waste of time n energy, all the agony we had to go through!!
NOW guys i have some other issue/question to ask u all.
After the EAD is approved do u necessarily have to be working for the same employer who sponsored for you? Ours is like future appointment.The USCIS wanted some docs from us this June re the appontment/work related.And yesterday when we asked that officer she said our case is preadjuticated as of Oct 2009.So far we have taken couple of paychecks frm the sponsoring company.But then we have our own small business also that has kept us going.And we were thinking of taking more paychecks after the GC is approved.Does that make sense to you guys? or are we at fault?
PLS Suggest??
more...
yabadaba
08-10 09:56 AM
I understand what everybody says, but some people are honest and you have to believe. Can somebody who is knowledgeable on the subject, post a reply please?
well you guys are the kings of jumping ahead of the line using labor substitution...how can any of us be knowledgable on the subject...contact unitednations or ppl like him who "help" the skirters of the law.
svan77: if a person posts on a forum he or she will get the opinions of members whether he/she likes it or not. all of us have our beef with labor substitors and ppl with 3 yr degrees or aptec/niit diplomas who just believe in jumping ahead of the line and have no qualms about it.
well you guys are the kings of jumping ahead of the line using labor substitution...how can any of us be knowledgable on the subject...contact unitednations or ppl like him who "help" the skirters of the law.
svan77: if a person posts on a forum he or she will get the opinions of members whether he/she likes it or not. all of us have our beef with labor substitors and ppl with 3 yr degrees or aptec/niit diplomas who just believe in jumping ahead of the line and have no qualms about it.
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hpandey
07-19 09:33 PM
Spindoc..
Even though your PD is current now it is almost like at the end of the line at 2006. I doubt that your GC will come soon in August - Sep timeframe unless you get real lucky ( with USCIS you never know ).
EB2 jumped two years for the Aug bulletin because DOS wants USCIS to utilize all the visa numbers. There is a high probability that it will retrogress to 2004 or maybe 2005 in October and then move as per visa availability.
I didn't want to sound pessimistic just realistic.
The only option I see is what has already been told above - H1 / H4
Even though your PD is current now it is almost like at the end of the line at 2006. I doubt that your GC will come soon in August - Sep timeframe unless you get real lucky ( with USCIS you never know ).
EB2 jumped two years for the Aug bulletin because DOS wants USCIS to utilize all the visa numbers. There is a high probability that it will retrogress to 2004 or maybe 2005 in October and then move as per visa availability.
I didn't want to sound pessimistic just realistic.
The only option I see is what has already been told above - H1 / H4
more...
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p1234
10-25 02:36 PM
Senior (PD's from 2001-03) EB3-I sufferers, you'll surely get what you deserve by the middle of 2009. Having said that, if you think its in your best interest to get a better job under EB2, go for it and port your PD. Nothing can stop you.
If someone writes a letter to USCIS to stop EB3 porting, you can counter it by writing another letter explaining why you are porting in the first place and you have the right and the freedom to get better jobs and qualify for higher categories.
If someone writes a letter to USCIS to stop EB3 porting, you can counter it by writing another letter explaining why you are porting in the first place and you have the right and the freedom to get better jobs and qualify for higher categories.
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njboy
12-12 12:51 PM
im waiting for the groans and moans
more...
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Ram_C
11-19 01:56 PM
Sorry for asking you so many questions. I am just trying to figure out if there is any pattern on NSC-CSC-NSC FP appointments.
Did you get a notice from CSC saying they are transferring your I-485 to NSC? If so, when was it?
NO, I haven't received transfer notice from CSC either.
Did you get a notice from CSC saying they are transferring your I-485 to NSC? If so, when was it?
NO, I haven't received transfer notice from CSC either.
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pappu
09-21 02:15 PM
Recieved FP notice for concurrent filing on 07/23/07 although no reciept notice yet.
Did you get it in the rally? I overheard a rumor that they were being distributed. :D
Did you get it in the rally? I overheard a rumor that they were being distributed. :D
more...
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paulavijit
06-01 02:27 PM
Votes YES.
YES count is only 961 though now.
YES count is only 961 though now.
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longq
12-26 03:19 PM
Did you mean "EB2 ROW Unused visa numbers are not given to EB2 India and China... Are those number given to EB3 ROW ?"
the bold text is my addition. If that's your question, I am curious about that too.
It seems as per current DOS practice, the answer is yes. They will be issuing only 2800 EB2 visas per year to India and China. They will be issuing remaining unused visas by EB2-ROW to EB3-ROW.
the bold text is my addition. If that's your question, I am curious about that too.
It seems as per current DOS practice, the answer is yes. They will be issuing only 2800 EB2 visas per year to India and China. They will be issuing remaining unused visas by EB2-ROW to EB3-ROW.
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h1techSlave
04-14 02:35 PM
We have been living in a county which has implemented 287g for some time. And I believe all legal residents in my county feel safer because of its implementation. Sure, there is a chance that 287g can be misused by the police. But tell me one law which can not be misused by police.
The thing is that more counties are signing on to 287g. St. Mary's County Joins Controversial Federal Immigration Initiative - Southern Maryland Headline News (http://somd.com/news/headlines/2010/11667.shtml).
I went thru the proposal in Arizona and could not find even one point which might be bad for us. Did any of you find something? http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/summary/h.sb1070_04-13-10_houseengrossed.doc.htm. I feel, IV should support such laws. We want the citizens and law abiding people in this country to support us; not the illegals.
If I were an immigrant in Arizona, I will be scared. What are businesses going to do without 'em?
The thing is that more counties are signing on to 287g. St. Mary's County Joins Controversial Federal Immigration Initiative - Southern Maryland Headline News (http://somd.com/news/headlines/2010/11667.shtml).
I went thru the proposal in Arizona and could not find even one point which might be bad for us. Did any of you find something? http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/summary/h.sb1070_04-13-10_houseengrossed.doc.htm. I feel, IV should support such laws. We want the citizens and law abiding people in this country to support us; not the illegals.
If I were an immigrant in Arizona, I will be scared. What are businesses going to do without 'em?
dupedinjuly
07-13 04:44 PM
DREAM act does not benefit Highly Skilled Immigrants in anyway. Let someone else lobby for it. If you think there is something important that affects/benefits us, then please post that.
aadimanav
05-14 08:56 PM
http://www.computerworld.com/action/article.do?command=viewArticleBasic&taxonomyName=government&articleId=9085658&taxonomyId=13&intsrc=kc_top
May 14, 2008 (Computerworld) Efforts to increase the H-1B cap have been stuck in a legislative swamp, but U.S. Rep. Zoe Lofgren (D-Calif.) has introduced three bills in the last few weeks to help foreign nationals already working in the U.S. to obtain permanent residency. She announced her latest legislative effort late Wednesday.
Fixing the permanent residency, or green card employment-based, visa program has been a top legislative goal of high-tech industry proponents, on par with their efforts to raise the H-1B cap.
And Lofgren, who heads the U.S. House Subcommittee on Immigration, is in the position to move legislation to the head of the class. But it remains to be seen whether she can jump over the legislative stalemate created by lawmakers who want comprehensive immigration reform or nothing at all.
Lofgren's latest bill, HR 6039, which is not yet available online, will exempt graduates of U.S. universities with advanced degrees in science and tech -- the so called STEM degrees (science, technology, engineering, mathematics) -- from the annual 140,000 limit on these permanent residency visas. The bill was officially introduced yesterday.
In a statement, Lofgren said that more than 50% of graudates with advanced degrees in science and engineering are foreign-born. "If we want our economy to continue competing in the global market, we have to retain these foreign students so they compete with us instead of against us in other countries. These men and women are the innovators of tomorrow, and we aren't the only ones looking to retain their talents. Increasingly, employers from Europe, Australia, Canada, and even China and India, are beating U.S. employers for valuable talent," said Lofgren.
That bill is closely tied to legislation introduced earlier this month by Lofgren, HR 5921. That bill seeks to eliminate the per-country caps on employment-based visas. The U.S. caps at 7% per country the number of employment-based visas issued to would-be visiting workers. "Because of this cap, a Chinese or Indian post-graduate at he top of his/her class at MIT may have to wait half a decade or more for a green card, much longer than a student from a less-populated country," said Lofgren, in a statement released when the legislation was announced.
Although much of the focus has been on the H-1B cap and its 85,000-visa quota, which includes the 20,000 set aside for holders of advanced degrees, high-tech industry proponents say the difficulty in getting permanent residency for their employees is as much a problem as getting H-1B visas.
Microsoft has about 4,000 employees for whom it is trying to gain permanent residency, said Jack Krumholtz, managing director of federal government affairs at Microsoft. They face long waits because of the green card backlog, suffering personal and professional frustrations along the way, Microsoft Corp. Chairman Bill Gates testified.
"We only hire people that we think can contribute to our innovation and corporate bottom line over the long haul, so we move immediately to apply for green cards for you and your family members," said Krumholtz, who said Microsoft is supporting Lofgren's legislative effort.
The typical path for a tech worker is, first, work after graduation on a student visa -- a period that was recently extended by the Bush administration from a year to 29 months -- and then an H-1B visa until employment-based permanent residency can be achieved.
Other legislative steps taken by Lofgren include a bill that would take unused employment-based green cards and essentially roll them over for resuse in a subsequent year. That bill is HR 5882. There are Republican co-sponsors for each of these bills.
Lofgren's across-the-aisle backers of these bills include U.S. Reps. Chris Cannon (R-Utah), Jim Sensenbrenner (R-Wisc.) and Bob Goodlatte (R-Va.).
Ron Hira, an assistant professor of public policy at the Rochester Institute of Technology, said he believes the U.S. can absorb more highly skilled, permanent immigrants with green cards "without significantly harming the American workforce. But we have to do it the right way."
Among the issues, says Hira, is the thorny question of "who are we going to grant employment-based permanent residence to?" Educational level attained (bachelor's, masters or Ph.D) and the academic area studied by potential residents are apt to be factors in that.
Hira said that one "significant problem" with the Lofgren bills "has to do with using exemptions as a way around tackling the decision of how many [to grant]," and he added the plan to "recapture" was a gimmick to get around the quota issue. Among the questions Congress should look at, says Hira, is the impact of the changes; he indicated, for instance, that the legislation may change incentives, prompting foreign nationals to seek degrees from any U.S. school they can because it will be seen as a path to permanent residency.
May 14, 2008 (Computerworld) Efforts to increase the H-1B cap have been stuck in a legislative swamp, but U.S. Rep. Zoe Lofgren (D-Calif.) has introduced three bills in the last few weeks to help foreign nationals already working in the U.S. to obtain permanent residency. She announced her latest legislative effort late Wednesday.
Fixing the permanent residency, or green card employment-based, visa program has been a top legislative goal of high-tech industry proponents, on par with their efforts to raise the H-1B cap.
And Lofgren, who heads the U.S. House Subcommittee on Immigration, is in the position to move legislation to the head of the class. But it remains to be seen whether she can jump over the legislative stalemate created by lawmakers who want comprehensive immigration reform or nothing at all.
Lofgren's latest bill, HR 6039, which is not yet available online, will exempt graduates of U.S. universities with advanced degrees in science and tech -- the so called STEM degrees (science, technology, engineering, mathematics) -- from the annual 140,000 limit on these permanent residency visas. The bill was officially introduced yesterday.
In a statement, Lofgren said that more than 50% of graudates with advanced degrees in science and engineering are foreign-born. "If we want our economy to continue competing in the global market, we have to retain these foreign students so they compete with us instead of against us in other countries. These men and women are the innovators of tomorrow, and we aren't the only ones looking to retain their talents. Increasingly, employers from Europe, Australia, Canada, and even China and India, are beating U.S. employers for valuable talent," said Lofgren.
That bill is closely tied to legislation introduced earlier this month by Lofgren, HR 5921. That bill seeks to eliminate the per-country caps on employment-based visas. The U.S. caps at 7% per country the number of employment-based visas issued to would-be visiting workers. "Because of this cap, a Chinese or Indian post-graduate at he top of his/her class at MIT may have to wait half a decade or more for a green card, much longer than a student from a less-populated country," said Lofgren, in a statement released when the legislation was announced.
Although much of the focus has been on the H-1B cap and its 85,000-visa quota, which includes the 20,000 set aside for holders of advanced degrees, high-tech industry proponents say the difficulty in getting permanent residency for their employees is as much a problem as getting H-1B visas.
Microsoft has about 4,000 employees for whom it is trying to gain permanent residency, said Jack Krumholtz, managing director of federal government affairs at Microsoft. They face long waits because of the green card backlog, suffering personal and professional frustrations along the way, Microsoft Corp. Chairman Bill Gates testified.
"We only hire people that we think can contribute to our innovation and corporate bottom line over the long haul, so we move immediately to apply for green cards for you and your family members," said Krumholtz, who said Microsoft is supporting Lofgren's legislative effort.
The typical path for a tech worker is, first, work after graduation on a student visa -- a period that was recently extended by the Bush administration from a year to 29 months -- and then an H-1B visa until employment-based permanent residency can be achieved.
Other legislative steps taken by Lofgren include a bill that would take unused employment-based green cards and essentially roll them over for resuse in a subsequent year. That bill is HR 5882. There are Republican co-sponsors for each of these bills.
Lofgren's across-the-aisle backers of these bills include U.S. Reps. Chris Cannon (R-Utah), Jim Sensenbrenner (R-Wisc.) and Bob Goodlatte (R-Va.).
Ron Hira, an assistant professor of public policy at the Rochester Institute of Technology, said he believes the U.S. can absorb more highly skilled, permanent immigrants with green cards "without significantly harming the American workforce. But we have to do it the right way."
Among the issues, says Hira, is the thorny question of "who are we going to grant employment-based permanent residence to?" Educational level attained (bachelor's, masters or Ph.D) and the academic area studied by potential residents are apt to be factors in that.
Hira said that one "significant problem" with the Lofgren bills "has to do with using exemptions as a way around tackling the decision of how many [to grant]," and he added the plan to "recapture" was a gimmick to get around the quota issue. Among the questions Congress should look at, says Hira, is the impact of the changes; he indicated, for instance, that the legislation may change incentives, prompting foreign nationals to seek degrees from any U.S. school they can because it will be seen as a path to permanent residency.
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