Translate

Showing posts with label immigrant visa. Show all posts
Showing posts with label immigrant visa. Show all posts

Tuesday, August 15, 2017

What is The Raise Act? Part 3


The Proposed RAISE Act


Part 3:  Elimination of the ‘Diversity Visa’ Program

On August 2, 2017, President Trump promoted a new Senate Bill drafted by Senators David Perdue of Georgia and Tom Cotton of Arkansas known as the ‘RAISE’ Act.

‘RAISE’ is an acronym for “Reforming American Immigration for a Strong Economy” Act.

The stated purpose of the Bill is to improve the American economy by limiting the number of immigrants admitted into our country.

Background

As stated in the first Blog installment, we are using the proposed Bill is to ‘raise’ our awareness of the more fundamental underpinnings of America’s unique immigration system.  An analysis of this Bill gives us an opportunity to examine: ‘what would constitute a healthy immigration policy in the U.S.’?  thus, the purpose of this article is to explore what is needed in immigration policy to fit the unique history and present cultural pressures of American society today.

We do this by comparing the provisions of the Bill to the current existing law.

 

  1. Elimination of the ‘Diversity Visa’ Program

This third installment of our discussion on the RAISE Act addresses the proposed elimination of a program that is commonly referred to as the ‘Green Card Lottery’.  Most people understand that we have a program that allows foreign nationals who do not otherwise have a way to come to the U.S. to live – an opportunity to seek a ‘green card’.  Applications to enter the lottery are filed around the world each year; 55,000 of those applications are randomly selected to permit the applicant to then formally apply for a ‘green card’.

It is important to recognize that the formal name of that program is actually the ‘Diversity Visa’ program because that explains its purpose.  Here’s why:

History

A very brief and simplified history lesson -  U.S. Immigration laws up until the 1952 McCarran-Walter Act operated on a system of quotas – allowing only a certain number of immigrants from each country to enter the United States.  This was preserved in the Act, but modified in subsequent amendments to open America’s borders to insure there was a variety of nations represented in the melting pot of America, (hence the ‘diversity’).

Keep in mind that in 1952, we were just a few years removed from the end of World War II, the creation of the United Nations, the Cold War was heating up and American Policy was to spread democratic ideals in the world while counterbalancing the influence of the Soviet Union in world events.  In what was then a mere quaint seed of globalization, our leaders recognized the importance of sharing ‘American Ideals’ with the rest of the world.   

From a legislative standpoint, our immigration policy was one tool used to accomplish this goal.  We developed an ‘exchange visitor’ visa (the J-1 visa – that still exists today), to bring persons to the U.S. to study and train here, learn about our system, and then return to their home countries to share these democratic influences.  The ‘Diversity’ visa was another product of this effort.  As Vice President Hubert Humphrey noted in deliberation of the 1952 bill, it was important for America to create alliances and take an influential role in countries around the globe.  The objective was to develop “the respect of people around the world”.

Hence, the Diversity Visa Program.

 

 How it Works

Avoiding a detailed explanation of the complex formulas used by the U.S. Department of State and the U.S. Department of Homeland Security to calculate the breakdown of visas available each year, it basically works this way:

The Departments of State and Homeland Security review data for the preceding five (5) year period to determine how many persons from which countries received lawful permanent residency in the United States.  The number of immigrant visas permitting those persons to come to the U.S. are divided among ‘low admission regions’ and ‘high admission regions’.

Then 55,000 ‘diversity visas’ are made available each year to persons living in the ‘low admission regions’.

Persons from these ‘low admission regions’ may apply for one of the ‘diversity visas’ so long as the person can prove either – that she has a high-school diploma or equivalent, or has at least 2 years of work in an occupation that requires at least 2 years of training or experience.

A lottery is then held to select applications for further consideration.  If a person’s application is randomly chosen – (this avoids the history of ‘quotas’ from specific countries) – the person may then apply for a ‘green card’.  Just like anyone else applying for a ‘green card’ in one of the many other pathways to lawful permanent residency, the applicant must still prove that he or she qualifies for admission, (is ‘admissible’).  

As a consequence, anyone from anywhere in the world has a chance to fulfill his or her dream to come to the United States for a chance at a better life.  In return, the United States benefits from the traditional goal of sharing its values and ideals with persons from around the globe – not to mention the contributions that such motivated persons make to American culture, community and economy.

 

The RAISE Act

The RAISE Act proposes to eliminate this program entirely.

 

 

 

 

 

Next:  ‘Reducing the number of Refugees’

Tuesday, November 3, 2015

On Second Thought... (changes to the October 2015 Visa Bulletin causes confusion)

Changes to the October 2015 Visa Bulletin causes confusion...

On September 9, 2015, the U.S. Dept. of State surprised lots of people by publishing its October Visa Bulletin with 2 different columns and dates used to determine when a visa applicant can apply for lawful permanent residency.

(See previous blog on the new process for determining filing dates for lawful permanent residency.  In a nutshell, the new process allows applicants to file their applications prior to the actual 'Priority Date' being current.)

A mere 16 days later, it issued a mea culpa in the form of a new revised October 2015 Visa Bulletin with revised filing dates.  Evidently, erroneous information was used to determine the appropriate 'filing dates' for certain immigrant visa preference categories.

As a consequence, the October Visa Bulletin published on September 25, 2015 reflected revised filing dates - particularly for the EB-2 China and India categories - that were not nearly as generous as the original Visa Bulletin published on September 9.  (The EB-2 category for China moved backwards nearly 1 year; the EB-2 category for India moved backwards 2 years.  The EB-3 category for the Philippines moved backwards 5 years.)

Unfortunately, for prospective immigrants who were excitedly preparing their immigrant visa applications, the amended filing dates proved to be a huge letdown.  A lawsuit - Mehta v. DOS, in the Western District of Washington - sought class-action status to compel the U.S. Dept. of State to accept applications filed pursuant to the original October Visa Bulletin published on September 9, 2015. A motion for a Temporary Restraining Order ('TRO') - in effect restraining the implementation of the revised October 2015 Visa Bulletin - was denied, and the case is still pending.

Since then, the November 2015 Visa Bulletin has been published - with very little movement in those categories; and the December 2015 Visa Bulletin should be published in the next week or so -

for now... the wait continues...



Thursday, September 10, 2015

Finding Your Place In Line For A 'Green Card'




For many foreign nationals living in the United States waiting to apply for a ‘green card’, a daily routine is to log-on to the U.S. Department of State website to check the status of their ‘priority date’ on the State Department’s ‘Visa Bulletin’.  Those who logged in yesterday were surprised to see the publication of the October 2015 Visa Bulletin with an extra Priority Date table.  But what does it mean? 

It’s a fairly significant new development.

But to grasp its significance, let’s take a step back to look at the big picture.

The U.S. Department of State regulates the issuance of ‘green cards’ based upon the distribution of immigrant visas around the world.  Since the demand for ‘green cards’ by natives of some countries (such as China, Mexico and India) is greater than the demand from other countries, there are not enough immigrant visas to supply the demand from these oversubscribed countries.  Consequently, there is a backlog of ‘green cards’ for these natives.

 Foreign nationals who originate from these countries must therefore ‘stand in line’ to wait to apply for their ‘green card’.  Their place in line is determined by the date the person either filed an immigrant visa petition – or an employer filed a labor certification application on this person’s behalf.  This date is known as a ‘Priority Date’.

Each month the U.S. Department of State publishes a ‘Visa Bulletin’ that charts the Dates of ‘green card’ applications being processed.  If a foreign national’s own ‘Priority Date’ is a date that precedes the ‘Priority Date’ published in the Visa Bulletin, that person is then eligible to file an application for a ‘green card’.  For example, if a foreign national has a ‘Priority Date’ of October 3, 2011, and the Priority Date shown on the Visa Bulletin for that person’s category shows January 1, 2012, then that foreign national may then apply for a ‘green card’.

Until the individual’s Priority Date precedes the Priority Date published in the Visa Bulletin, one could not file an application for a ‘green card’.   Until now…

The October 2015 Visa Bulletin offered a pleasant surprise for many:  a new, second chart known as a ‘Filing Date’ Chart.  Under this new provision, the U.S. Department of State will allow foreign nationals to file a ‘green card’ application based upon a new ‘Filing Date’ – rather than waiting for the date previously referred to simply as the ‘Priority Date’.  For most visa categories, the ‘Filing Date’ is more recent than the older ‘Priority Date’ (which is now also referred to as the ‘Final Action’ Date).

What this means is that the ‘Final Action Date’ is the date that the U.S. Department of State will actually process the ‘green card’ application.  This generally corresponds with the previous ‘Priority Date’ charts to which we were accustomed.  In other words, the U.S. Department of State will still wait until the foreign national’s ‘Priority Date’ is current before making a decision on the application – but the individual may now file the application well beforehand – based upon the new ‘Filing Date’ chart.

 Why is this important?  Because when a foreign national gets to file an Application for a ‘green card’, she may also concurrently file an application for Employment Authorization and Advance Parole (the ability to travel while the ‘green card’ application is pending).  In other words, ‘green card’ applicants from the oversubscribed countries may get some of the benefits that accompany a ‘green card’ application while still waiting in line for their ‘green card’ application to be processed.

So for example, this is how it might work: a foreign national from China in the EB-2 category (professional holding an advanced degree) may have a ‘Priority Date’ of June 12, 2013 based upon a Labor Certification Application filed on her behalf.  The ‘Priority Date’ / (Final Action Date) published in the October 2015 Visa Bulletin shows the Priority Date for that category to be January 1, 2012.  In previous months, this person would have to continue waiting until the Visa Bulletin shows a Priority Date in that category after June 12, 2013, before she could file an application – which may be a year or more away.  However, the new Visa Bulletin now shows a second ‘Filing Date’ chart that shows a date of May 1, 2014.  Since the foreign national’s ‘Priority Date’ precedes this new ‘Filing Date’, she is eligible to go ahead and file the ‘green card’ application.  Even though it still will not be processed until her June 12, 2013 Priority Date becomes current under the ‘Priority Date / Final Action Date, she can nonetheless go ahead and file the application and get Employment Authorization and Advance Parole for a family member(s) while they continue to wait in line for her Priority Date to become current.

The U.S. Department of State also asserts that allowing these foreign nationals to apply ahead of time will allow the State Department to more accurately predict the future availability of immigrant visas that will need to be processed.  Based upon the recent wild fluctuations in the Priority Dates for some of these categories in the past year, this can only be a good thing.

So, at the end of the day, these foreign nationals will still have to wait in line, as before – but at least they get to snack on some fairly significant benefits while standing there.