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Reinterpretation Of The Quota Statute/recapture Of Visas

Discussion in 'Definitional changes/clarifications' started by Ron Gotcher, Mar 11, 2015.

  1. rsr_am

    rsr_am New Member

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    Mr Oppenheim of DOS would not think that EB3-I will move unless there is a congressional change, as recently as 13 March. Maybe he is not authorized to speak that day even if he knew the internal conversations.

    In fact, several of the comments refer to the Chevron case for the possibility of recapture and Executive's ability to interpret the ambiguous statute.

    And maybe that comment period itself was put in to satify the APA requirement and hopefuly anything they propose today/near future will just be a interim final rule/direct final rule itself (other than the statute reinterpretation related stuff).
     
  2. Kamakazee

    Kamakazee Super Moderator

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    Oppenheim will only predict the VB as the law stands right now. Many lawyers including Ron agree that there is enough ambiguity in the law to do a statute reinterpretation. If the administration feels so too, they will do it and will do it without a fanfare. But till that happens, we should not expect to hear anything different from Oppenheim. I am not sure about recapture.
     
  3. rsr_am

    rsr_am New Member

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    ..which is good.just hope that executive thinks it has enough backing legally to make those move(s).

    While on the re-interpret subject, given that it does not have to go through APA (rule making) , i wonder how can anyone challenge (legally) the actions taken on re-interpretation, *if* DOS quietly moves the PD - over the next 8 to 10 months - and not a 'all-current' fashion..
     
  4. Jay P

    Jay P New Member

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    So true that DOS can start moving dates over the next 8-9 months with no indication but acting silently in the name of building inventory.
    This can be possible :)
     
  5. rsr_am

    rsr_am New Member

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    ..and even at current pace, EB3-WW could become 'current' after october.. after that, PDs would be expected to move a bit faster anyway - atleast for EB3-I

    if the 'recapture via reintrepret' quota gets added to this pool, things *may* move a bit faster...
     
  6. Jay P

    Jay P New Member

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    I am not sure how CIS would allow AC21 fixing administratively -- statement published on Oh Law website:

    It appears that country's economy is heading towards the direction as indicated by the just released Federal Reserve Chairwoman's announcement that it would soon raise interest rate after all those years of depressed economy, and employers should be mindful of the changing labor market and their strategy to survice in the increasing competitive market. Simply put, it is heading towards employee market, and employers should not ignore changing business environment and business dynamics. Earlier sponsorship of permanent residence program will be one of the top incentives for the top talent foreign workers, especially when it gives employment authorization for the depressed other half of the spoueses and the Obama Administration's forthcoming business immigration modernization policies to allow mobility of the foreign workers with no impact on their ongoing green card jounrney through expansion of AC 21 law administratively. Employers, BEWARE!

    Meaning
    Employee can change employer without fear with approved I-140 but the new company MUST be sponsor H1B ??
    OR
    EAD's to all approved I-140?
     
  7. Kamakazee

    Kamakazee Super Moderator

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    Wow, way to tie Federal Reserve announcements to increase interest rates to current immigration scenario!!
     
  8. bca94

    bca94 New Member

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    About the debate of giving priority to employment-based petitions over family-based petitions: I understand that the country is in need of boosting the economy and bringing as much skilled workers as possible.

    But as a derivative beneficiary child of a mother who has been over 20 years in line waiting for her green card, I wish they did more things for family-based petitions and not just only workers. My mother's waiting time in her preference category and its country present quotas is of 23 years. By the time she gets her green card I will have aged-out already.

    Yes, after 20+ years of waiting... All for nothing. The funny thing is, I wasn't even born yet when she was petitioned. Yet I am still going to age out... Gotta love the US immigration system.
     
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  9. Senram

    Senram Member

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    Whatever some attorneys like Ron saying about statute reinterpretation is just a loophole(No government takes basis from loophole) but not a law. Congress made clear to put cap on green card including dependents. And also if they do they cannot do selectively for EB and FB also can interpret same way and if needed they can file a lawsuit to do for them if they do for EB. And also lawsuit from anti immigrants is sure if they try as the immigration level goes from 1 million to more than 3 million annually. So expecting statute reinterpretation is like a day dream. They did recapture once that is in 2000 by AC 21 by congress. That is a proof that it cannot be done by Admin.
     
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  10. s_gan

    s_gan Super Moderator

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    It is not a loophole but an interpretation. Bruce Morrison, the Congressman who wrote the law clarified this recently.
     
    Last edited: Mar 19, 2015
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  11. PDJune2012

    PDJune2012 New Member

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    And the below is the article to which Bruce Morrison responded.
    http://www.wsj.com/articles/lets-ta...-brain-drain-letters-to-the-editor-1413841513

    Morrison wrote

    Michael Malone asks an important question: “Can anything be done immediately to stop the U.S. from rerouting much of the world’s best talent in areas vital to tech . . . to foreign shores?”

    Fortunately, there’s a good answer. President Obama can move the lines for green cards much faster. How? In 1990 Congress authorized the president, if he chose, to stop counting dependents of the principal immigrant in both the family and employment-based legal immigration categories. I know because I was part of the team that wrote the statutory language when I was in Congress.

    There are more than four million American families and nearly hundreds of thousands of highly skilled employees waiting for a green card. What the president cannot do is create eligibility. But everybody waiting has already been found eligible for a green card. All the president has to do is choose to count only the principal applicant, not his or her dependents. That would entirely eliminate the backlog for employers and unite American families much faster.
     
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  12. Colworth

    Colworth Member

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    That would be the same Bruce Morrison who said this in 2009?

    http://www.ilw.com/articles/2012,0201-endelman.shtm

    The only thing that has changed in the intervening time is who pays his salary. Of course, I'm sure that has nothing to do with his loss of memory. /s
     

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