f*******8
发帖数: 1430 | 1 yesterday (9/8/11) Referred further to
a. Subcommittee on Early Childhood, Elementary, and Secondary Education.
b. Subcommittee on Workforce Protections.
This bill is the solution for all EBs.
SEC. 103. ELIMINATING GREEN CARD BACKLOGS.
http://www.washingtonwatch.com/bills/show/112_HR_2161.html
Lofgren's IDEA act is seeing some movements.
At least, we should voice some of our concerns on this most-viewed forum: Washingtonwatch.com.
Can't we just vote FOR this bill on this website?
Can't we just write one sentence or two to support it on this website?
I think a lot of Americans need to be educated about the bill. Otherwise, they would have NO idea what it was for. | B*****g
发帖数: 34098 | 2 问题根本不是支持不支持，而是怎么支持
【在 f*******8 的大作中提到】
: yesterday (9/8/11) Referred further to
: a. Subcommittee on Early Childhood, Elementary, and Secondary Education.
: b. Subcommittee on Workforce Protections.
: This bill is the solution for all EBs.
: SEC. 103. ELIMINATING GREEN CARD BACKLOGS.
: http://www.washingtonwatch.com/bills/show/112_HR_2161.html
: Lofgren's IDEA act is seeing some movements.
: At least, we should voice some of our concerns on this most-viewed forum: Washingtonwatch.com.
: Can't we just vote FOR this bill on this website?
: Can't we just write one sentence or two to support it on this website?
| o*******t
发帖数: 69 | 3 United States
New Skilled Immigration Bill Introduced in House
June 15, 2011
Rep. Zoe Lofgren (D-CA) yesterday introduced the Immigration Driving
Entrepreneurship in America (IDEA) Act of 2011 (HR 2161). The bill contains
several provisions that would allow for more expeditious immigration of
professionals with advanced degrees in science, technology, engineering and
math (STEM) fields and investors creating jobs for U.S. workers.
Of particular concern, however, are the bill's proposed restrictions on
employers hiring H-1B professionals and L-1 intracompany transferees. If
enacted, these provisions would severely curtail, if not eliminate,
legitimate uses of these essential nonimmigrant visa categories and
substantially reduce the flexibility these categories provide employers. In
addition, the bill's proposed prevailing wage methodology fails to reflect
real world recruitment practices. If enacted, the bill's provisions would
artificially inflate prevailing wage determinations, defeating many of the
bill's aims.
The bill is in the very early stages of the legislative process and will
need to work its way through both the House and the Senate if it is to
become law. Given the political makeup of both bodies, it is unlikely to get
very far in its current form, though it could provide a benchmark for
future immigration proposals. The introduction of the bill comes on the
heels of a Republican statement of support for technology visas, so action
in this Congress, while unlikely, is not out of the question.
PERMANENT RESIDENCE PROPOSALS
New permanent residence opportunities for STEM graduates. The bill would
create a new EB-1 green card category for advanced degree graduates of U.S.
universities designated by the National Science Foundation as excelling in
STEM education. To qualify for a green card in the proposed category, a
foreign national would need to have a degree in a STEM field and a job offer
from a U.S. employer in a field related to the degree, with a wage that
meets or exceeds the prevailing wage in that occupation. The bill would
exempt from numerical limits both EB-1 STEM advanced degree holders and
current EB-1 outstanding professors and researchers, creating a faster track
to a green card for both categories.
Reducing green card backlogs. The bill would allow for the recapture of
unused employment-based and family-based visa numbers going back to Fiscal
Year 1992. The bill would also exempt spouses and minor children from the
numerical limits and eliminate per country limits for employment-based cases
. In the near term, these steps would significantly reduce the wait for
green cards, particularly for skilled professionals.
Changes to the labor certification process. A new $295 fee for labor
certifications would be imposed, though the bill would require the
Department of Labor (DOL) to adjudicate cases in 120 days, or 180 days if an
audit is required. Premium processing would also be available for $1,000,
with expedited adjudication times of up to 30 days for a non-audited case
and 60 days for an audited case.
The bill would also enable companies with a track record of hiring a large
percentage of U.S. workers to more easily retain foreign talent by being
designated as an “established U.S. recruiter.” Employers would be eligible
for this designation if 80% of their workforce were made up of U.S. workers
(including recent hires), and they use a publicly available website to post
job vacancies. The company would also need to engage in at least three
other forms of active recruitment throughout a given year.
The bill provides that established U.S. recruiters would be able retain a
foreign national worker if there are not “equally qualified” U.S. workers
available. The “equally qualified” standard implicitly recognizes the
value that an employer places on an existing immigrant employee with a track
record of service, and could pose fewer hurdles than the current standard
under which employers must consider any “minimally qualified” candidate.
Changes to the EB-5 Regional Center Pilot Program. The current regional
center pilot program for the fifth employment-based (EB-5) preference
category would become permanent, and the Department of Homeland Security (
DHS) would be required to establish a preapproval mechanism for new
commercial enterprises before individual immigrant investor cases could be
filed. The bill would expand the concept of Target Employment Areas (TEAs),
and TEA designations would be valid for at least two years. The bill would
introduce the idea of “full-time equivalence” to the EB-5 regional center
program, which would allow employers to aggregate full-time and part-time
jobs to meet employment creation requirements.
New EB-6 start-up visa program. Similar to other legislative proposals
introduced earlier this year, the bill would create a new EB-6 category for
immigrant entrepreneurs establishing start-up businesses that demonstrate
the creation of U.S. jobs. EB-6 entrepreneurs would be exempt from numerical
limits for permanent immigration.
CHANGES TO NONIMMIGRANT PROGRAMS
Dual intent for F-1 students. The bill would permit F-1 students to have the
dual intent to stay in the country temporarily to study and at the same
time seek lawful permanent residence, as is currently the case for H-1B and
L-1 workers.
Extension of F-1 or L-1 status during pendency of permanent residence case.
The bill would also permit both F-1 and L-1 nonimmigrants to remain in the
United States and extend status as long as their green card applications
remain pending, expanding the provision that currently exists for H-1B
professionals.
Recruitment requirements, increased DOL enforcement for H-1B program. H-1B
petitioning employers would be required to conduct recruitment, unless the
employer is an established U.S. recruiter, as discussed above, and is paying
Level 2 wages, under the new wage system discussed further below.
The bill would also increase the investigatory authority of DOL and require
that at least five percent of employers filing H-1B cases be audited. H-1Bs
would be limited to three years, with extensions only possible as green card
cases move through the process.
If an employer files an I-140 petition for permanent residence within 18
months of hire, a new labor certification would not be required. The bill
also provides for a 60-day grace period for employees changing jobs pursuant
to H-1B portability.
Prevailing wages for certain L-1 nonimmigrants. The bill would require an
employer to pay the prevailing wage if an L-1 worker will remain with the
employer for more than 18 months over a three-year period, though an
employer would be allowed to keep an L-1 employee on a foreign payroll if
the worker’s total compensation meets or exceeds the total compensation
received by similarly situated U.S. workers. As part of the prevailing wage
component, the bill would give DOL the authority to audit and investigate L-
1 employers and would require that at least five percent of employers filing
L-1 cases be audited, similar to the H-1B provision.
New Reports on L-1B Blanket Applications. The bill would expand current
nonimmigrant reporting requirements to include data on visas issued pursuant
to blanket petitions at consular posts, and require a new report to
Congress on the blanket L program.
OTHER PROPOSED PROCESS CHANGES
Pre-certification for certain petitioning employers. The bill would require
DHS to establish a pre-certification process for high-volume filers, to
avoid the need to repeatedly file the same information with multiple
petitions. The program would operate along the lines of the “trusted
employer” program proposed by the American Council on International
Personnel (ACIP).
Expansion of premium processing. The bill would require that premium
processing be expanded to all employment-based petitions and applications,
including administrative appeals.
Adjustments to prevailing wage system. The bill would replace the current 4-
level wage system with a 3-level system, effectively eliminating the lowest
wage level under the current system and adjusting wages upward in the
remaining three levels. The current wage surveys produced by the DOL would
need to be totally revamped.
POTENTIAL IMPACT ON EMPLOYERS
The bill will have no immediate effect given that it has just been
introduced and there is little likelihood of movement in the near term.
Though it contains many provisions that would be helpful to more quickly
reduce the backlog for permanent residence and facilitate immigration in
STEM fields, new restrictions on H-1B and L-1 nonimmigrants, including the
new prevailing wage requirement for the latter, could reduce the flexibility
that employers currently have in moving employees around the world.
Fragomen is closely monitoring this and other legislative developments in
Congress and will provide updates as necessary. | q****x
发帖数: 7404 | 4 去留言总会吧？
【在 B*****g 的大作中提到】
: 问题根本不是支持不支持，而是怎么支持
| y***n
发帖数: 6764 | 5 "new EB1 category"
contains
and
【在 o*******t 的大作中提到】
: United States
: New Skilled Immigration Bill Introduced in House
: June 15, 2011
: Rep. Zoe Lofgren (D-CA) yesterday introduced the Immigration Driving
: Entrepreneurship in America (IDEA) Act of 2011 (HR 2161). The bill contains
: several provisions that would allow for more expeditious immigration of
: professionals with advanced degrees in science, technology, engineering and
: math (STEM) fields and investors creating jobs for U.S. workers.
: Of particular concern, however, are the bill's proposed restrictions on
: employers hiring H-1B professionals and L-1 intracompany transferees. If
| l*******k
发帖数: 1974 | 6 读过的，谁给总结个中文版摘要1，2，3。那么长
如果有利的话，应该写信或者email给自己选区的rep，要求他们支持这个提案。 |
|
