Mr. Charles Oppenheim of the Department of State Visa Office recently issued predictions for the movement of priority dates for the remainder of the fiscal year and future years. This article will be important to individuals from India and Mainland China. If you have applied for or planning to apply for a permanent residence in employment based: EB1 , EB2 or EB3 category and currently stuck in a ' Green Card ' limbo, your wait can be indefinite unless we see legislative Immigration Reform in Senate. Predictions don't look positive for these individuals.
Some of the predictions that Mr. Oppenheim stated are :
Countries like Australia, Canada and New Zealand have point system for immigration to the country. Once individual have achieved specific points, he or she can migrate to country and attain permanent residence. Senate should look into such alternatives to overcome some loopholes in the immigration system. Other alternative can be that an employment based program should have quota based on occupation (Science, Technology (IT), Engineering, Mathematics, Business, Management, Healthcare and so on) and not based on countries. ForAmerica
If we will not see any overhaul in the employment based program, soon US will no more be an attractive destination for students and skilled workers. Many skilled workers would start looking at other countries to study, to conduct research, to invest in and to live in, thus other nations will leap ahead at lightening speeds. These countries would love to have skilled workers to have edge over their counterpart. Recently to take advantage of broken immigration system in US, Canada has started Fast-Track Immigration program for skilled workers who are in US on H1B visa. This program doesn't require valid job offer for an individual to migrate to Canada. In addition, EU brought reform in the immigration to attract skilled workers by introducing "Blue Card". We will soon see more of such reforms by other nations to attract skilled labor class.
On other hand, Foreign students and workers who might prefer to stay in the US can, and increasingly will, also return to their home countries to launch businesses. They can then compete with American companies instead of adding value to them. And when they return home, they can honestly say that America is not the land of opportunity for people like them. In addition, dearth of skilled workers will cause many companies to outsource their businesses to countries like India and China. This will cause nothing but increase mobility of many American jobs being bangalored to these countries.
Does it make sense to educate international students at top universities and then, when at the point where they are ready to contribute to US economy, say it’s time to go home? It has been 20 years since Senate increased the quota for employment immigrant visas. While US went from Senior Bush to George W. Bush in past two decades, employment visa quotas have been hopelessly stuck in limbo. If an individual from India and China is expecting that they will see something like July 2007 fiasco by DOL/DHS in near future, then answer is NO. DOL will be very careful in releasing their visa predictions after July fiasco. If soon we will not see any reform in immigration for skilled worker class, then it may be a good time to bid adieu to the 'American Dream'.
Some of the predictions that Mr. Oppenheim stated are :
- EB1 category : Options for the best and the brightest graduates are unscrupulously limited. The first preference category reserved for multinational executives, people of extraordinary ability and outstanding researchers and professors who were born in India or China could require the establishment of a cut-off date in August or September, should the demand for visa numbers remain heavy.This will be after a longtime, one will ever see a cut-off date for these individuals.
- EB2 category: If you have Masters Degree from a top Ranked American University and you are one of the major research contributor in your company or you are an individual with 5 years experience in a niche field, you have to wait long for your permanent residence. Reason being simple that you were born in India or China. Predictions: Department of Labor has certified unavailability of visa numbers can cause these workers might have to wait as long as 10 years to process a green card. This category may become completely unavailable in August or September of fiscal year 2009.
- EB3 category : At this time, no immigrant visas are available to persons with mere bachelor’s degrees, even in science, engineering, technology or mathematics. Predictions: Department of State currently estimates that, as of October 1, 2009, the EB-3 worldwide cut-off date will be March 1, 2003.
Countries like Australia, Canada and New Zealand have point system for immigration to the country. Once individual have achieved specific points, he or she can migrate to country and attain permanent residence. Senate should look into such alternatives to overcome some loopholes in the immigration system. Other alternative can be that an employment based program should have quota based on occupation (Science, Technology (IT), Engineering, Mathematics, Business, Management, Healthcare and so on) and not based on countries. For
If we will not see any overhaul in the employment based program, soon US will no more be an attractive destination for students and skilled workers. Many skilled workers would start looking at other countries to study, to conduct research, to invest in and to live in, thus other nations will leap ahead at lightening speeds. These countries would love to have skilled workers to have edge over their counterpart. Recently to take advantage of broken immigration system in US, Canada has started Fast-Track Immigration program for skilled workers who are in US on H1B visa. This program doesn't require valid job offer for an individual to migrate to Canada. In addition, EU brought reform in the immigration to attract skilled workers by introducing "Blue Card". We will soon see more of such reforms by other nations to attract skilled labor class.
On other hand, Foreign students and workers who might prefer to stay in the US can, and increasingly will, also return to their home countries to launch businesses. They can then compete with American companies instead of adding value to them. And when they return home, they can honestly say that America is not the land of opportunity for people like them. In addition, dearth of skilled workers will cause many companies to outsource their businesses to countries like India and China. This will cause nothing but increase mobility of many American jobs being bangalored to these countries.
Does it make sense to educate international students at top universities and then, when at the point where they are ready to contribute to US economy, say it’s time to go home? It has been 20 years since Senate increased the quota for employment immigrant visas. While US went from Senior Bush to George W. Bush in past two decades, employment visa quotas have been hopelessly stuck in limbo. If an individual from India and China is expecting that they will see something like July 2007 fiasco by DOL/DHS in near future, then answer is NO. DOL will be very careful in releasing their visa predictions after July fiasco. If soon we will not see any reform in immigration for skilled worker class, then it may be a good time to bid adieu to the 'American Dream'.
