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[savvy.boy 13]

• Article: Changes in family-based immigration law- after immigration reform by Tahmina Watson

• Article: Changes in family-based immigration law- after immigration reform by Tahmina Watson

  Published on 06-10-2013 10:10 AM

  1 Comment

  Invest Visa/Entrepreneur Visa Chart (Startup Visa, EB6, X-Visa) by Tahmina Watson Changes in family-based immigration law- after immigration reform

  Dear Readers, I am so sorry for the delay in this particular post. I know I have promised many of you that I will let you know how things will be changing and how that affects you. See below a flowchart I created demonstrating what the current system looks like and how it will change. Recently, someone posed a question how family-based immigration will become faster. The answer is simple- by changing many of the current preference cateogories into immediate relatives, preference cateogory visas will be freed up for new petitions.

  

  Family-based immigration changes flowchart created by Tahmina Watson

  What will happen to my pending petition?

  If you have a pending petition in any preference category, that should automatically change into a new category (see above).

  How will this new system reduce my waiting time?

  If your petition turns into an immediate relative petition, then hopefully you should see action soon. If your petition is in a preference cateogory that still has a waiting time, then you may be eligible for a Track 2 merit based petition.

  I want to apply for my parent/spouse/child- when shall I do it?

  There is no time like the present! But remember, while we all hope immigration reform will happen, there is some chance that the bill may not pass. It is wise not to rely on what may happen and act on what the current law provides.

  Is the sibling category really being eliminated?

  I’m afraid so. It is best to file for your siblings now, while you can.

  Can I retain my family-based prority date if someone else files an immigrant petition for me?

  The current system only allows you to retain your priority date if the same person files a new petition for you. The immigration reform bill S.744 will change that to allow anyone to retain their earliest priority date in any family-based or employment-based immigration petition.

  If I file an immigrant petition for my sibling, can he/she visit me in the US?

  The V-visa will be expanded in the bill which will allow your sibling (of USC) to visit you for upto 60 days in the US. Your sibling will not be allowed to work during that time. In addition, she/he will not receive a visa (when a visa becomes available) while in the US.

  Can my unmarried son/daughter (of LPR) or married son/daughter child (of USC) visit me in the US while the I-130 petition is pending?

  Yes. Immigration reform will make this wonderful change. She/he can visit and even get work permission while here. However, the work permission will end if the I-130 is denied or the adjustment is denied. The work permission will be terminated within 30 days of denial.

  I am a green holder and I am applying for my daughter. My daughter has a 6 month old son. What will happen to him?

  Under current immigration law, your grandchild will have to wait for your daughter to file a petition for him. However, immigration reform will allow your grandchild to come to the US with your daughter! This is a huge change! See above chart for derivatives.

  Questions?

  If you have any questions, feel free to email us at tahmina@watsonimmigrationlaw.com.

  *Copyright 2013 by Watson Immigration Law. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

  * * About The Author
  *

  is an immigration attorney and founder of Watson Immigration Law in Seattle Washington. She was a practicing barrister in London, UK, before immigrating to the United States herself. While her practice includes family-based and employment-based immigration, she has a strong focus on immigrant entrepreneurs and start-up companies. She can be contacted at tahmina@watsonimmigrationlaw.com. You can visit www.watsonimmigrationlaw.com to learn about Tahmina and her practice.

  The opinions expressed in this article are those of the author(s) alone and should not be imputed to ILW.COM.

[savvy.boy 13]

http://en.wikipedia.org/wiki/Border_Security,_Economic_Opportunity,_and_Immigration_Modernization_Act_of_2013

Subtitle C--Future Immigration This section begins on page 256.

Subtitle C focuses on reforming current legal immigration law. This includes provisions about family members of U.S. citizens immigrating into the country, merit-based systems of immigration, and immigration related to work visas.

Future Immigration (merge with above)

The bill makes many changes to current immigration system designed to control future flows of immigration. These include repeal of the diversity visa program, changes in several family-based visa classifications (e.g. elimination of sibling petitions for U.S. citizens and conversion of a petition by a legal permanent resident for a spouse or child to an immediate relative petition rather than a preference petition), and the ability to adjust future levels of worker visas (both those created by this bill and under current programs) based on economic conditions.

The bill also creates "merit-based" visas, which immigrants will eventually be able to apply for on the basis of a point system which awards points for various criteria, including educational achievement, involvement in society, entrepreneurship, and other factors.

The combined effects of the changes are intended to be greater control over future amounts of immigration and also the type of immigrant; the changes also reduce the share of family-based visa overall in favor of a greater number of employment-based and merit-based visas.

(Title II - Immigrant Visas cotd.)

Changes to family-based immigration:

• Currently, there are four preference categories (1, 2A, 2B, 3, and 4) based on family relationships and a minimum of 226,000 and up to 480,000 visas are allocated to these family preferences (in practice, it has always been 226,000 per year for the last decade). 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 (the current 1, age-restricted 3, and 2B preferences respectively, with 2A being made unrestricted). The bill would expand the current V visa to include those with family relationships.
• The bill repeals the availability of immigrant visas for siblings of U.S. citizens (the fourth preference) once 18 months have elapsed since the date of enactment. This preference has 2,473,114 backlogged applications as of the end of FY2012,^[28] and a wait time of 12 years (considerably longer for Mexico and the Philippines).^[29]
• The bill amends the definition of “immediate relative,” which have unlimited access to visas and currently include spouses, children, and parents of U.S. citizens, to include a child or spouse of an alien admitted for lawful permanent residence (the current 2A preference), 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 2A preference has the lowest demand and shortest waiting time, but also a relatively large allocation of visas which could be used to help clear the backlogs in the other preferences.^[29]
• The bill amends the existing category for married sons and daughters of citizens of the United States (the third preference) to bar anyone from entering who is over 30 years of age. This preference has 830,906 backlogged applications as of the end of FY2012,^[28] and a wait time of 10.5 years (considerably longer for Mexico and the Philippines).^[29]
• 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. See Section 2303 - Repeal of the diversity visa program.

Changes to employment-based immigration:

• 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; physicians with completed foreign residency requirements; graduate degree (conferred by U.S. universities) holders in STEM field with US employment;^[30] 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 system:

• The merit-based visa system is described in Section 2301 - Merit-based points track one and Section 2302 - Merit-based track two. 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.

[savvy.boy 13]

There are 3 versions of Bill Number S.744 for the 113th Congress. Usually, the last item is the most recent.

1 . Border Security, Economic Opportunity, and Immigration Modernization Act (Introduced in Senate - IS)[s.744.IS][PDF]

2 . Border Security, Economic Opportunity, and Immigration Modernization Act (Reported in Senate - RS)[s.744.RS][PDF]

3 . Border Security, Economic Opportunity, and Immigration Modernization Act (Engrossed in Senate [Passed Senate] - ES)[s.744.ES][PDF]

[Hiiiii1972 5]

Why is this that US Senators wants to allow 11 Million Illegals to become legal but are not working over the 4.5 million FB people waiting to enter US legally ????????????

[Visa Grant 78]

Why is this that US Senators wants to allow 11 Million Illegals to become legal but are not working over the 4.5 million FB people waiting to enter US legally ????????????

11 Million is greater than 4.5 million in terms of Votes & Money ..

Good Luck..

Edited July 4, 2013 by Visa Grant

[Visa Grant 78]

PD April 30, 2001. Received email today that card was mailed out today July 3rd 2013. Checked status online on USCIS website says Card Production. Doing my happy dance now guys!!!

Good Luck lurxor for the rest of the journey..

With this approval you have the privileage of a "Expert F4 Member.." to answer future questions in this forum..

[Visa Grant 78]

might help F4 Category too..

.... The 2A preference has the lowest demand and shortest waiting time, but also a relatively large allocation of visas which could be used to help clear the backlogs in the other preferences.

[Visa Grant 78]

Based on the below link, i don't have the data from 1992 to 1998... taking the number of visa issued to the remaining visa available for that fiscal year..

The total number of unused visas in F4 Category from 1999 to 2012 is 88,612 ...

Visa Report

Good Luck..

[Visa Grant 78]

........ Recently, someone posed a question how family-based immigration will become faster. The answer is simple- by changing many of the current preference cateogories into immediate relatives, preference cateogory visas will be freed up for new petitions.......

[nazibk 0]

PD April 30, 2001. Received email today that card was mailed out today July 3rd 2013. Checked status online on USCIS website says Card Production. Doing my happy dance now guys!!!

Congrats !!

[lurxor 3]

Congrats !!

Thanks!!!

[iJustMadeThis 2]

Based on the below link, i don't have the data from 1992 to 1998... taking the number of visa issued to the remaining visa available for that fiscal year..

The total number of unused visas in F4 Category from 1999 to 2012 is 88,612 ...

Visa Report

Good Luck..

I got 39,559 unused F4 visas going down to FY 1996 based on the number of F4 admission to US per FY.

Big difference.. (I sure hope you're right, though)

Edited July 5, 2013 by iJustMadeThis

[Hiiiii1972 5]

Anybody knows when house will start debate over CIR

[jayp2001 3]

Anybody knows when house will start debate over CIR

Yes All Mighty GOD! Keep waiting! Its so pissing!

[jolly786 96]

house CIR coming early next week.....

http://wfpl.org/post/house-immigration-bill-coming-early-next-week-congressman-john-yarmuth-says