11/01/2007

Total EB-Numbers Subject to Numerical Limitation: Different proposals presented different numbers, ranging from 290,000 to 640,000 (current number: 140,000). However, a careful analysis will reveal that the total number itself can be misleading when it comes to different groups of EB-immigrants depending on how the following three other factors are presented. 

Allocation of Total Numbers to Each Preference Categories (EB-1 through EB-5): The CIR which the Senate passed last year changed the allocation system reducing the % of allocation for EB-1 and EB-2 and drastically increasing the % for EB-3 in anticipation of the illegal alien legalization and guest workers immigration programs. On the surface, it gave the impression that the CIR was only in favor of the illegal aliens and such allocation would hurt other legal EB-immigrants. But that was not necessarily true. 

For instance, the so-called SKIL bill which was introduced separately from the CIR (unlike the SKIL bill which was also incorporated in the CIR being subject to the new allocation system under the CIR) provided in favor of the EB-1 and EB-2 immigrant in allocations at the cost of EB-3 immigrants for the two reasons, among others. 

First the SKIL bill proposed to create certain aliens who fitted mostly to EB-1 and EB-2 exempt from annual visa number limitations, while no such exemption was offered to the EB-3 immigrants. Considering the fact that the total EB number which was proposed was relatively small (290,000), the benefit to the EB-3 immigrants would have been unfairly disproportional. Accordingly, for the EB-3 immigrants, CIR would have been much better than SKIL bill, assuming that there were no legalization proposals in the CIR. In coming months, people should watch carefully not only the total numbers for EB but also internal distribution among different preferences.

Groups Exempt from Annual Numerical Limitation: Two groups were noticeable affecting the different groups of immigrants differently. One was exception of the spouses and children from the numerical limitation. This exemption would have practically increased the total allocation for EB-based immigrant quota tremendously, way beyond the number shown above. The second group is those with Advanced degrees or medical field. 

As explained earlier, the exempt of these latter group from the numerical limitation de facto increased the EB-1 and EB-2 to a greater extent than the simple numbers allocated for EB-1 or EB-2 preference categories. Since this country has been moving toward the direction limiting the educated immigrants to the advanced degree holders, it is almost certain that a similar provision may be offered in the coming comprehensive immigration reform legislation.

Availability of I-485 Application for I-140 Approved Immigrants Whose Visa Numbers Are Unavailable: This provision will give a tremendous help to those who will continuously suffer from the visa number retrogression. However, there are a couple of the groups in the mainstream America that may resist to such proposal. One is certain groups of employers. 

Since this will drastically expand the mobility of the EB immigrants using AC-21 180-day change of employment benefits, the labor market will become somewhat unstable from the perspectives of the employers. The second group is anti-immigration groups who may argue that such provision would open a flood gate to foreign labor forces disrupting the American labor market, since the aliens who would be able to join in the labor market will increase substantially.