FOREIGN OPINION ABOUT NEW US IMMIGRATION LAW

HR 3012 and its companion S-1857 “Fairness for High-Skilled Immigrants” Act
By Simona Mihaela Botezan, Washington DC
Obama administration is getting ready ease waiver document for the illegal spouses of Americans citizens. There is too much going for the legal or illegal immigrants these days. Washington Post journalist Pamela Constable:

http://www.washingtonpost.com/local/dispute-over-proposed-green-card-law-pits-brightest-immigrants-against-each-other/2012/01/03/gIQANdSKpP_story.html?hpid=z5
Russell T. Harrison IEEE-USA’s Senior Legislative Representative for Grassroots Affairs:  http://www.todaysengineer.org/2012/Jan/immigration.asp
Irish – American Community Voice: http://www.irishcentral.com/news/Immigration-reform-for-Irish-American-community—current-bill-must-be-passed-137101578.html
Malia Politzer (Live Mint, India): http://www.livemint.com/2012/01/10234222/US-Bill-to-hasten-green-cards.html
HR 3012 and its companion S-1857 “Fairness for High-Skilled Immigrants” Act passed in the House on November 29, 2011 and goes to the US Senate next for consideration (after Jan., 23). This Act is being pushed by lobbyists from China and India (immigrationvoice.org). Indian and Chinese are not entitled to the DV Lottery because that already in millions in US. So, now they try to monopolize all EB visas and green cards.
HR 3012 not only prevent Americans getting any… higher pay, lower pay,  job in IT industry… but also helps Indian take over this industry soon!  HR 3012 does not solve the illegal immigration problem, not create new jobs for Americans and not simplify the immigration law to attract scientists, innovators and geniuses from other countries, which may contribute to the progress of US economy.
Development of a country in one field and one direction (IT) is completely wrong in economic terms. This will adversely affect the U.S. economy and highly educated Americans can’t work because of cheaper labor from India and China.
In my opinion HR 3012 is a number play: 15% in family base against 80% Indians in employment based. This is the sweat spot that Congressman (R-UT) Chaffetz found. Everything supposed to be smoothly and fast. One small thing happened: Senator Grassley.
U.S. need professionals work force in STEM (Science, Technology, Economics and Mathematics) not only Indian’s computer experts! Majority EB green cards now is for India and 80% of Indian EB green cards are in IT; majority work visas H1B and L1 after 2007 was for IT Tech; this will make huge negative impact on the flow of professional from other industry/sector (nurse, doctor, chemist, translator, electrical, construction or mechanical engineers etc.) After this law will be approved, the U.S. will no longer be attractive for highly qualified professionals from outside the U.S. other than an Indian IT Expert. If this law passes, STEM experts from Rest of the World will go to other countries will don’t have any reasons to come, stay and work in the U.S. if are not welcome here.

For high skilled workers from Rest of The World, US will not be an option if will not be able to acquire a working visas and green cards in next 15 -20 years. Also, for many countries (other than India and China), in the past years 7% country limit was not reached. The bill not has the absolute effect of immigrant visas system, but also will be a demographic impact.

It also fails to underline that the bill HR 3012 does not solve anything in US Economy. It’s just moving problem from the left pocket (Indian ROW delay) to the right pocket (Rest of The World ROW delay).

Many American jobs are already going to India and China by outsourcing. The visa numbers should be cut for India and China because of this. I won’t even talk about the fraud that comes from the Indian and Chinese H1 visas and EB groups. A lot of people in EB3 ROW Rest of The World category are in that category not because they don’t have advanced degrees even from the US and experience for EB 2, but because some US companies where work is sponsor only in EB3 category. After this bill passed US can’t employ skilled workers from other areas of expertise, just Indian IT experts!

So, at the end of the day-the real loser will be the US businesses and all the drivers of US economy. American citizens and politicians must know that points before HR 3012 brings major disadvantages for U.S. citizens, US economy, diversity and democratic principles.

Generally speaking the return migration flows appear to correlate more closely with the ease of circulation, than with economic condition in receiving countries. The matter of the fact is, the long wait understandably has not caused a reasonable return migration in India and China. Research shows “sustained economic improvements in Eastern Europe are widely thought to have facilitated the large scale return migration of Poles and certain other Eastern Europeans”
Source: http://www.migrationpolicy.org/pubs/lmi_recessionJan09.pdf

July 2007 US Immigration Visa Bulletin fiasco

More Indians applied more times for H1B visas in 2007, part of this with fake resume and degrees. They were fraudulent and now they are in Indian ROW for EB green card and pushing to amnesty. At that time Immigration Voice members came up with an idea to send flowers to USCIS director asking not to reject the 485 applications received in July of 2007. Well, he received thousands of them in one day and soon thereafter and after a congresswoman kicked in, USCIS decided to accept the July 07 AOS applications. It was even in the news and TV! Immigration Voice was very smart in 2007. I really think of the future of immigration flows in this country. This guys from India and China don’t have right to come here with DV Lottery because is in millions in US. Because of that they try to monopolize working visas and green cards and hurt other people and US Economy.

Now, in Jan. 2012, because of HR 3012, is weird how faster is moving Indian EB ROW (recovered 1 year!) and Rest of The World ROW is at normal speed. In 2007 was same situation. After Indian lobbyists get I-485, all files were stopped and USCIS go back in 2001. Now it’s happened again. Source: http://www.travel.state.gov/visa/bulletin/bulletin_5640.html

Indians lobbyists are laying in Congress and Senate about 70 years delay in Indian GC ROW for merit based individual’s green card. Brightness Indians do not wait for 70 years that they are claiming! This is big lie because brightness category EB-2 itself has cut – off date of Jan 2010 and Indians are only 2 years away from getting green card in EB2 ROW. Why they need to pass HR 3012? For Indians of EB-3 who have fake experience and degrees, which are not talented enough to apply under EB-2? Also, in Jan. 2012, China EB-3 ROW had a 6-week movement; India EB-2 ROW got a full 1 year forward progress; Rest of The World EB ROW is at normal speed. Weird!

I don’t know how many people from Rest of The World are hurt because of HR 3012, but it’s hard to keep close people from 200 countries and it’s not much time. After Jan. 23 this bill will be in Senate. New immigration bill will must be FAIR for Americans, because is US IMMIGRATION BILL, not Indian or Chinese immigration law
Indians and Chinese have 5 PRO organizations; on POPVOX is the true – Rest of The World are just 28% (in OPPOSITION); Indians and Chinese are 78% (in 5 PRO organizations).

IEEE – the world’s largest professional association for the advancement of technology, innovation and excellence for the benefit of humanity

I know IEEE position in this topic: „The country-cap only approach will have no net impact on the American economy at all,” said the IEEE-USA, in a letter from its president, Ronald Jensen. „No American jobs or companies will be created. And the enormous economic potential found in a well-crafted reform bill will have been squandered.” I agree Mr. Harrison solution: http://www.todaysengineer.org/2012/Jan/immigration.asp

IEEE is fully engaged in lobbying efforts to do one law in interest of US Economy. I think that they have come to their senses and will no longer sit on the sidelines while Indian Voice gets a free ride through congress. Also, IEEE position is great for Romanian high skilled workers from EB ROW (Rest of The World) where high skilled workers from 200 countries expecting green cards. Last week Senator James C. Rosapepe, Democrat / District 21 Maryland, agrees with Romanians STEM specialist opinion and declares support for IEEE amendments.

After a public letter, HR 3012 Indian lobbyists keep saying that IEEE – USA is anti Indians and racist if oppose to HR3012. But Rest of The World have right to speak too, US specialists have right to speak. Indians don’t want to here other opinions! If somebody have other opinion, in their mind is a racist. This bill HR 3012 only promotes Indians interest, exclusive to Indians benefit and they want the law to pass in silence.

Indian Voice were bothered by the American media attention, especially Washington Post, one of the most powerful and influential newspapers on Earth. If this low passed China and India will have a much higher advantage than other countries. Even today, India along occupies 22% of total employment based green card; with this bill, the number will increase to 80 – 85%; HR 3012 it’s just a wide open gate to transform US in New India and New China in coming years. Is the most discriminatory immigration bill in recent history; destroys US economy and the principle of diversity in the immigration pool. HR 3012 it supports two nationalities that are notorious with abuse of the US immigration system.

THE BILL PUTS US IMMIGRATION POLICY IN THE HANDS OF FOREIGN GOVERNMENTS:  If a foreign government decides to implement a national policy to export a large chunk of it country’s population to the US in order to increase its GDP (as is the case with India), there is nothing in the form of checks and balances that would prevent it. If Indian IT companies open branches in the US and start sponsoring hundreds of thousands of employees, nobody else will be able to immigrate. The system will be clogged and monopolized by a single foreign state.

THE BILL IS ANTI-IMMIGRATION: Due to its inadequate phase-in provisions, this bill will make all categories, except India and China, unavailable for the next 3 years. The US will be closed to new employment-based immigrants for the next 3 years until the backlogs in the India and China categories are eliminated.

THE BILL WILL HURT NURSES AND OTHER PROFESSIONALS WHO RELY ON CONSULAR PROCESSING Nurses and other professionals (EB-3ROW) who rely on consular processing won’t be able to enter in the United States or start new jobs. Many people will be stuck in limbo when the dates suddenly become unavailable or retrogress. This can lead to serious shortages in these job sectors.

THE BILL GOES AGAINST USCIS POLICIES FOR PREDICTABILITY OF PRIORITY DATE MOVEMENT Making this drastic change and retrogressing or making entire categories unavailable goes against stated USCIS policies seeking to make the immigration system more reliable and more predictable. USCIS has spent millions of dollars on establishing a system to more accurately track applications, post I-485 inventories, and make sure that priority dates are predictable, and do not retrogress like it happened in the past. This is an important feature which immigrants use to plan their immigration process and their professional paths while in the United States. This bill, if passed, will create another disaster similar to the July 2007 Visa Bulletin fiasco.

THE BILL WILL HURT ENTIRE US INDUSTRIES which get disproportionate number of applicants from India will monopolize all the visas. Other industries won’t be able to attract or hire talent since all the visa queues will be clogged by Indian IT workers. This will not only harm the American IT industry, but also other industries that don’t massively import foreign workers but need to sponsor highly-trained employees from time to time.

I am not shore if American citizens understand what percent of EB3 demand is from backlogged countries and its distribution across industries, but this bill has behind approximated 4 million dollars in lobbying: Microsoft, Google, Intel, Aila, Chambers of Commerce… and so on. These big sharks need cheep labor from India to make their products more prices competitive, Aila wants money from new fillings, Indian middlemen make money too. Immigration voice (Indian Voice) is also a tool in lawyer’s hands. They want to this bill passed quietly and know than we are few and divide (from 200 countries). For example, this article about HR3012 and implications; is dated 2011 December, 8:  http://www.lexology.com/library/detail.aspx?g=225d6fce-39f6-4f90-b0dd-2522b144360a I do not understand why no one is mentioning the fact this bill is more beneficial to the EB3 India ROW then US Economy and other category of high skilled workers or country? Is mandatory for American citizens and politicians to know this and hear the opinion of specialists, not only Indians and Chinese position. US need a Fair immigration law!

This is a lawyer opinion: https://www.ilw.com/articles/2012,0102-oswald.shtm

This is another one: “I propose that Congress should consider suspending the visa lottery for 2 years, and use the 100,000 visas which would have been given to lottery winners to those stuck in the EB backlogs. Lottery winners are chosen at random and are not required to have job skills that are useful to our economy or even family ties in the U.S. Clearly, encouraging professionals whose skills are in short supply and who are already working lawfully for employers in the U.S. is more important that allowing people to immigrate randomly.” (Carl Shusterman, attorney of law) Can be one good solution! DV Lottery winners don’t live in US, don’t have jobs in US, don’t must be skilled workers to come here (need just a HS degree), don’t know too much about US, don’t lose nothing if remain home and 100.000 visas is spend in other way, god for US interest.

Also, I’m not a lawyer but there are a couple of avenues of legal action possible against regulations, or interpretations of USCIS, however there are but one avenue to challenge an Act of Congress HR3012 and his companion S 1857. Law can be retroactive because HR 3012 will be an administrative law. A large „exception” to the ex post facto prohibition can be found in administrative law, as federal agencies may apply their rules retroactively if Congress has authorized them to do so.
Does it violate the Constitution, because US are for diversity and eliminate the per-country numerical limitation can means anti Constitutional vote. Prior law cannot be a basis for such a challenge, as Congress has the power to make such laws and change them at will, Article I, Section 9:  „No bill of attainder or ex post facto Law shall be passed”. Also, Fifth Amendment:  „nor shall private property be taken for public use, without just compensation” In this cause does someone’s place in the EB ROW (Rest of The World) line create for them a „vested property right” to that place in line.

So, oppose HR 3012 and it’s companion S-1857 here:
http://www.petition2congress.com/5677/oppose-hr-3012-its-companions-1857/
If do you need more details, look here:
http://us-non-immigrants.blogspot.com/2011/10/hr-3012-estimation-of-eb-category-cut.html
https://www.popvox.com/bills/us/112/hr3012/report#nation

Dipl. Engineer Simona Mihaela Botezan
Senior Broker
Foreign Journalist at Washington D.C. &
North American Romanian Press Association
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