bostonqa
06-11 01:32 PM
How do you know that the visa numbers will indeed become "U", come October? Any numbers/sources to back up the claim?
I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.
I dont know if the visa numbers will become "U".
I just asked 'what IF' they become "U".
do we still get our EAD and AP?
I know some senior members previously indicated in these forums that there is a difference between a "U"-Unavailable and a retrogressed date of 2003 for example.
I dont know if the visa numbers will become "U".
I just asked 'what IF' they become "U".
do we still get our EAD and AP?
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Gravitation
04-22 11:51 AM
Non-compete are notoriously hard to implement. Most of the courts don't want to prevent people from earning a livelihood. When Microsoft sued its ex-employee who joined Google, it was a rare exception when any company even bothered to sue for a non-compete.
The reason your employer is not willing to give you a copy of what you signed is that they fear you'll take it to an attorney and she/he will tell you it means nothing. Anyhow, non-compete is the last thing you need to worry about.
If they illegally withheld your pay for GC expenses, you can make things difficult for them. But in that case you should hire and attorney and she/he should write them a letter and ask for your money back. If you beg them for your money, they'll just laugh at you.
If it's possible in any way, part with good vibes, though that doesn't seem likely here. Good relationships are always worth the efforts, even with crooked ex-employers.
The reason your employer is not willing to give you a copy of what you signed is that they fear you'll take it to an attorney and she/he will tell you it means nothing. Anyhow, non-compete is the last thing you need to worry about.
If they illegally withheld your pay for GC expenses, you can make things difficult for them. But in that case you should hire and attorney and she/he should write them a letter and ask for your money back. If you beg them for your money, they'll just laugh at you.
If it's possible in any way, part with good vibes, though that doesn't seem likely here. Good relationships are always worth the efforts, even with crooked ex-employers.
desi3933
07-10 02:55 PM
I
....
My question to you was if no H1B is "permanent" (as you opine), then how can you prove that the AC20 job on H1B is or isn't "permanent?" So if that job is not "permanent," how do you convince/mention that in as RVE-EVL?
Because Future GC job could be same job on H-1B, only difference being on H-1B your job has fixed end date (noted by I-94), and GC job has no fixed end date, hence permanent. It does not make that current job on H-1B permanent.
Temp Job and Permannet Job can have same job title and job duties. Just like contract job and full-time job can have same job title and job duties, but one is employee of the company and other one is not.
.
....
My question to you was if no H1B is "permanent" (as you opine), then how can you prove that the AC20 job on H1B is or isn't "permanent?" So if that job is not "permanent," how do you convince/mention that in as RVE-EVL?
Because Future GC job could be same job on H-1B, only difference being on H-1B your job has fixed end date (noted by I-94), and GC job has no fixed end date, hence permanent. It does not make that current job on H-1B permanent.
Temp Job and Permannet Job can have same job title and job duties. Just like contract job and full-time job can have same job title and job duties, but one is employee of the company and other one is not.
.
2011 In the 1970s, John Wayne Gacy
140jibjab
06-23 10:29 AM
Mr. Vayalar Ravi , Minister of Overseas Indian Affairs,is coming to USA on June 27,2006. He is coming to Washington DC on July 4 to meet Indian Ambassador and Indian community. We should try to meet him personally and explain the problems we are facing. He can talk to US counterparts and do something for us.
Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.
Like he will care about us. If he does care, he can not do anything unless he gets OK from Madam Sonia:-)
Let us organize an event to meet him on July 4. Since It is a holiday, lot of people can meet him and chat with him.
Like he will care about us. If he does care, he can not do anything unless he gets OK from Madam Sonia:-)
more...
desi3933
07-10 02:49 PM
I'm not saying that "H-1B job is permanent:" you're inferring again! I hold that *no* job in this country is "permanent" (legally speaking).
......
Look at the I-140 application (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
.
......
Look at the I-140 application (Page 2, Part 6, Question 5)
http://www.uscis.gov/files/form/i-140.pdf
I wonder why uscis is asking "Is this a permanent position?", if according to you, "*no* job in this country is "permanent" (legally speaking)"
Did your attorney put No for this question for your I-140 app?
.
anilsal
11-21 07:10 PM
Hi Mehul, i'm really sorry to hear your situation. I was researching some stuff & since you are from Fiji & with the political unrest in your home country, can you take political asylum since you were kinda forced to leave the country. I mean everyone knows about the coup that took place in your country. below is a link that gives you more information on Political Asylum maybe this would expedite the process for you.
http://trac.syr.edu/immigration/reports/161/
Let me know if i can help you in any other way!!!
thanx
This is another avenue. I do not think it is based on country of birth, I mean Asylum.
http://trac.syr.edu/immigration/reports/161/
Let me know if i can help you in any other way!!!
thanx
This is another avenue. I do not think it is based on country of birth, I mean Asylum.
more...
nashim
06-02 08:44 AM
Please share your experience, if any one come across this situation
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Jimi_Hendrix
12-13 11:54 AM
I posted to topic "My concern- Skill in 2009"...then came proud american..derailed us off track and then we forgot our route....now back to the route....what action are we talking to intorduce this Eb interm relief Bill in senate in Jan..I think we need an input from Core members about how to proceed here..
Each of us write to all out state senators and also important once like Nance pelosi, Mccain..so on...about providing some non-contraversial releif...we need to mention those and send LEGIBLE HAND WRITTEN LETTERS without spelling mistakes and send it fedex.....Send it during Chirstmas ...dot forget to mention God Bless America...just explain in simple words that we have been waiting for some relief from 2001 and have not seen any...please consider passing these non-contraversial issuses....I think they are reasonable and would agree....also mention that we have been dodged like a football saying skill/CIR and so on....
Better yet a skillfull person writing this and all of us using this...
Target is to intorduce the EB interm bill by End of Jan
Yes let us get back on track. Core members please respond with comments about interim relief in January.
Each of us write to all out state senators and also important once like Nance pelosi, Mccain..so on...about providing some non-contraversial releif...we need to mention those and send LEGIBLE HAND WRITTEN LETTERS without spelling mistakes and send it fedex.....Send it during Chirstmas ...dot forget to mention God Bless America...just explain in simple words that we have been waiting for some relief from 2001 and have not seen any...please consider passing these non-contraversial issuses....I think they are reasonable and would agree....also mention that we have been dodged like a football saying skill/CIR and so on....
Better yet a skillfull person writing this and all of us using this...
Target is to intorduce the EB interm bill by End of Jan
Yes let us get back on track. Core members please respond with comments about interim relief in January.
more...
eers
07-09 10:55 PM
may be some one can draft a news and post at wiki news
http://en.wikinews.org/wiki/Main_Page
http://en.wikinews.org/wiki/Main_Page
hair John Wayne Gacy Jr. (Cover)
actaccord
02-17 11:21 AM
effective marketing...something called MLM was used and some false promises.
This event cannot run based on MLM or false promises.
It can be successful only if every member understands their contribution and participation is key for this event and they are the one who can solve their immigration issue by taking this event seriously.
What is the difference between the two? IMO, two words "Effective Marketing". Come on, where are the MBA's among us who can offer strategy? Actually I feel we are so backward that we don't even need MBA's to improve from here, just any simple ideas
This event cannot run based on MLM or false promises.
It can be successful only if every member understands their contribution and participation is key for this event and they are the one who can solve their immigration issue by taking this event seriously.
What is the difference between the two? IMO, two words "Effective Marketing". Come on, where are the MBA's among us who can offer strategy? Actually I feel we are so backward that we don't even need MBA's to improve from here, just any simple ideas
more...
simple1
05-02 01:04 AM
Families will never get separated. Please don't use emotional wordings without basis.
GC holder's marriage (regardless of their stream) to indian citizen (derivative) will make the indian citizen wait for atleast 5 years ( based on current vb date for fb2a or gc sponsor becoming citizen in 5 years ). Why are you tying N400 eligibility with this ? regardles of the interpretation any gc have to show ( 5years presence, atleast 6+ months a year, 30 months etc) to become eligible to become USC ? You could be referring to a special and/or complex case of lot or large reentry permit ?
Expect for some rare special cases of long reentry permits, This interpretation I am suggesting will neither enhance their condition or make it worse for any derivative already-in or newly-entering FB2A.
I read some were 88k visas are available for FB2A. I think they are safe.
Look at the EB3 mess. Is it in any way fair for EB-primary to wait that long ?
The analysis on the FB movement by simple1, et al is based on the current VB. This will result in severe retrogression in the FB categories. Are you willing to assume the burden that comes with classification in the FB category - separation of family while waiting for PD to be current? Think of what it will do to someone who comes to US on GC through the FB category and later gets married to an Indian citizen. The current wait time for that individual is 5+ years and the individual cannot stay with spouse for a long stretch otherwise he/she loses the GC or does not meet minimum residency requirement for citizenship.
GC holder's marriage (regardless of their stream) to indian citizen (derivative) will make the indian citizen wait for atleast 5 years ( based on current vb date for fb2a or gc sponsor becoming citizen in 5 years ). Why are you tying N400 eligibility with this ? regardles of the interpretation any gc have to show ( 5years presence, atleast 6+ months a year, 30 months etc) to become eligible to become USC ? You could be referring to a special and/or complex case of lot or large reentry permit ?
Expect for some rare special cases of long reentry permits, This interpretation I am suggesting will neither enhance their condition or make it worse for any derivative already-in or newly-entering FB2A.
I read some were 88k visas are available for FB2A. I think they are safe.
Look at the EB3 mess. Is it in any way fair for EB-primary to wait that long ?
The analysis on the FB movement by simple1, et al is based on the current VB. This will result in severe retrogression in the FB categories. Are you willing to assume the burden that comes with classification in the FB category - separation of family while waiting for PD to be current? Think of what it will do to someone who comes to US on GC through the FB category and later gets married to an Indian citizen. The current wait time for that individual is 5+ years and the individual cannot stay with spouse for a long stretch otherwise he/she loses the GC or does not meet minimum residency requirement for citizenship.
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iam4u4ever
09-28 04:27 PM
By Self employment, do you mean working on 1099 or by starting a business and working for it?
by starting a business and working for it ?
thanks
by starting a business and working for it ?
thanks
more...
house John Wayne Gacy oil painting
senthil1
05-24 01:39 AM
Another reason was IV was relying on skil bill but when point system is used Skil bill does not fit into it. They threw it away. Also skil bill was asking exemptions for MS and STEM apart from increase in numbers(Congress never gave exemption from Cap except spouses of citizens). It might be better with just giving numbers so that only one provision was there. I think now IV is asking only numbers of green card and this campaign has better chance of success(atleast some increase in numbers). But if we focus multiple things(Involving in H1b issues and other smaller issues) at the same time then it may be tough to achieve.
Vijjus, this is coming from a veteran:
There is not such out of touch or education needed to be done. Congressmen are well aware of the plight of legal immigrants way before than immigrationvoice.org dreamed of existence. We fought hard in order to educate congressmen and often their staff played dumb, but again the truth is that they never cared about our plight.
The reality is that this, as usual, is primarily driven by business needs. Major employers such as Bill Gates lobby mainly for H1B numbers increase. Employers are very much aware that H1B staff under pressure can put up and deliver the very long journey of 60-80h/week expected at Microsoft. Yes, Microsoft and many other major employers could easily find qualified US students with two years of experience, skills by the way comparable to what the vast majorities of H1B's offer, but Americans who do not need the H1B would give a finger to any employer who would expect that an American would work 80h/week for 55K/year.
The illegal aliens are being backed by major employers of cheap labor, such as Wall Mart and many others. Illegals also can put extra long hours and therefore they yield more output for less investiment. That's is the reason that US employers seem to fight so consistently to keep them here.
I estimate that immigrationvoice.org efforts do not count for 0.5% of the final result of this bill. As a matter of fact, chances are more we fight and protest, more people will be outrageous and scared and will call *their* congressmen even harder in order to push us out.
For the naive and dreamers out there who are shaking their heads after reading the above and believe that employers cannot find qualified applicants, so just answer this:
How many million dollars per year are the top management of Fortune 500 companies making? The US is not about drastic wages inequalities. This is about paying a fair salary, otherwise we have increasing salary inequality and this should be renamed then to Mexico, India or something like that.
Thanks,
Tito Ortiz
,
Vijjus, this is coming from a veteran:
There is not such out of touch or education needed to be done. Congressmen are well aware of the plight of legal immigrants way before than immigrationvoice.org dreamed of existence. We fought hard in order to educate congressmen and often their staff played dumb, but again the truth is that they never cared about our plight.
The reality is that this, as usual, is primarily driven by business needs. Major employers such as Bill Gates lobby mainly for H1B numbers increase. Employers are very much aware that H1B staff under pressure can put up and deliver the very long journey of 60-80h/week expected at Microsoft. Yes, Microsoft and many other major employers could easily find qualified US students with two years of experience, skills by the way comparable to what the vast majorities of H1B's offer, but Americans who do not need the H1B would give a finger to any employer who would expect that an American would work 80h/week for 55K/year.
The illegal aliens are being backed by major employers of cheap labor, such as Wall Mart and many others. Illegals also can put extra long hours and therefore they yield more output for less investiment. That's is the reason that US employers seem to fight so consistently to keep them here.
I estimate that immigrationvoice.org efforts do not count for 0.5% of the final result of this bill. As a matter of fact, chances are more we fight and protest, more people will be outrageous and scared and will call *their* congressmen even harder in order to push us out.
For the naive and dreamers out there who are shaking their heads after reading the above and believe that employers cannot find qualified applicants, so just answer this:
How many million dollars per year are the top management of Fortune 500 companies making? The US is not about drastic wages inequalities. This is about paying a fair salary, otherwise we have increasing salary inequality and this should be renamed then to Mexico, India or something like that.
Thanks,
Tito Ortiz
,
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belmontboy
02-14 02:14 PM
Mr. belmontboy...you are the only one Smart@#$ we got here.
MC
Thank you dumba$$
MC
Thank you dumba$$
more...
pictures John Wayne Gacy, Jr. (March 17
delhirocks
06-22 11:55 PM
My situation is similar too.
The employer is not ready to file the 485, thinking that I may leave the company after 6 months.
I have the I-140 receipt notice , but no approval notice.
There is no way he is going to issue a employment letter , still debating my options.
What if you assure him by signing a 2 year bond. Once you get the card, give him the finger
The employer is not ready to file the 485, thinking that I may leave the company after 6 months.
I have the I-140 receipt notice , but no approval notice.
There is no way he is going to issue a employment letter , still debating my options.
What if you assure him by signing a 2 year bond. Once you get the card, give him the finger
dresses by John Wayne Gacy.
mbsac
10-18 12:06 PM
My Checks were cashed today :)
more...
makeup John Wayne Gacy Jr. was a
glus
07-09 05:51 PM
awsome ...did you get the list of emails i sent you via email :)
yes, I did. Thanx.
yes, I did. Thanx.
girlfriend John Wayne Gacy, Jr
rtarar
05-21 09:25 AM
As you have efiled your EAD the FP you have received might not necessarily mean the FP for 485, it could be just for EAD. Gurus any comment!!
Well in my opinion(although it doesn't count) an FP is an FP and it is for I-485 and EAD happens to use biometric information on the card.
I 'll try not to lose my sleep over it... chill!!!!!!!
-R
Well in my opinion(although it doesn't count) an FP is an FP and it is for I-485 and EAD happens to use biometric information on the card.
I 'll try not to lose my sleep over it... chill!!!!!!!
-R
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h4hopeful
07-02 10:43 AM
Like Voldemar said in this post
http://immigrationvoice.org/forum/showpost.php?p=96006&postcount=3
All EB categories are unavailable starting today (July 2nd) up to October 1, 2007 when they will provide further details about new cutoffs
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
http://immigrationvoice.org/forum/showpost.php?p=96006&postcount=3
All EB categories are unavailable starting today (July 2nd) up to October 1, 2007 when they will provide further details about new cutoffs
http://travel.state.gov/visa/frvi/bulletin/bulletin_3263.html
mqualique
05-01 01:47 PM
Even if FB 2 almost has same priority date as EB 2 or 3 once the EB dependents quota gets counted against FB quota almost half of the EB backlog would move to FB which will cause progression in EB dates and retrogression in FB dates. Anyway I think simple1 point is definitely a good point and worthy of further discussion and clarification from attorneys.
Dependends will come under
FAMILY-SPONSORED PREFERENCES
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.
Primary -> Gets visa number from EB 1,2 or 3
Dependents -> Gets visa number from FB2
Wife and children need not wait because FB2 is not that retrogressed.
Dependends will come under
FAMILY-SPONSORED PREFERENCES
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:
The priority date will be same as the primary because the law states that primary and dependents have the same priority date. FB 2 is almost same priority dated as EB 1,2 and 3 preferences.
Primary -> Gets visa number from EB 1,2 or 3
Dependents -> Gets visa number from FB2
Wife and children need not wait because FB2 is not that retrogressed.
lost_in_migration
05-01 04:36 PM
INA: ACT 203 - ALLOCATION OF IMMIGRANT VISAS
http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4
PART 2 [CONTD.]
(II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.
(III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).
(IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .
(C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
(iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
(C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .
(4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .
(5) Employment creation. -
(A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--
(i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and
(ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).
(B) Set-aside for targeted employment areas.-
(i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.
(ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).
(iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).
(C) Amount of capital required. -
(i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.
(ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).
(iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -
(I) is not a targeted employment area, and
(II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).
(D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.
(6) Special rules for "k" special immigrants. -
(A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).
(B) Counted against numerical limitations in following year.-
(i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .
(ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.
(iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]
http://www.uscis.gov/propub/ProPubVA...16a4cb816838a4
PART 2 [CONTD.]
(II) No permanent resident visa may be issued to an alien physician described in subclause (I) by the Secretary of State under section 204(b) , and the Attorney General may not adjust the status of such an alien physician from that of a nonimmigrant alien to that of a permanent resident alien under section 245 , until such time as the alien has worked full time as a physician for an aggregate of 5 years (not including the time served in the status of an alien described in section 101(a)(15)(J) ), in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs.
(III) Nothing in this subparagraph may be construed to prevent the filing of a petition with the Attorney General for classification under section 204(a) , or the filing of an application for adjustment of status under section 245 , by an alien physician described in subclause (I) prior to the date by which such alien physician has completed the service described in subclause (II).
(IV) The requirements of this subsection do not affect waivers on behalf of alien physicians approved under section 203(b)(2)(B) before the enactment date of this subsection. In the case of a physician for whom an application for a waiver was filed under section 203(b)(2)(B) prior to November 1, 1998, the Attorney General shall grant a national interest waiver pursuant to section 203(b)(2)(B) except that the alien is required to have worked full time as a physician for an aggregate of 3 years (not including time served in the status of an alien described in section 101(a)(15)(J) ) before a visa can be issued to the alien under section 204(b) or the status of the alien is adjusted to permanent resident under section 245 .
(C) Determination of exceptional ability. - In determining under subparagraph (A) whether an immigrant has exceptional ability, the possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability.
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
(i) Skilled workers. - Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(ii) Professionals. - Qualified immigrants who hold baccalaureate degrees and who are members of the professions.
(iii) Other workers. - Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
(B) Limitation on other workers. - Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii).
(C) Labor certification required.- An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A) .
(4) Certain special immigrants. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 101(a)(27)(C)(ii) , 2/ and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 101(a)(27)(M) .
(5) Employment creation. -
(A) In general. - Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial 4/ enterprise (including a limited partnership)--
(i) 4/ in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and
(ii) 4/ which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).
(B) Set-aside for targeted employment areas.-
(i) In general. - Not less than 3,000 of the visas made available under this paragraph in each fiscal year shall be reserved for qualified immigrants who 4/ invest in a new commercial enterprise described in subparagraph (A) which will create employment in a targeted employment area.
(ii) Targeted employment area defined. - In this paragraph, the term ``targeted employment area'' means, at the time of the investment, a rural area or an area which has experienced high unemployment (of at least 150 percent of the national average rate).
(iii) Rural area defined. - In this paragraph, the term ``rural area'' means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).
(C) Amount of capital required. -
(i) In general. - Except as otherwise provided in this subparagraph, the amount of capital required under subparagraph (A) shall be $1,000,000. The Attorney General, in consultation with the Secretary of Labor and the Secretary of State, may from time to time prescribe regulations increasing the dollar amount specified under the previous sentence.
(ii) Adjustment for targeted employment areas.- The Attorney General may, in the case of investment made in a targeted employment area, specify an amount of capital required under subparagraph (A) that is less than (but not less than 1/2 of) the amount specified in clause (i).
(iii) Adjustment for high employment areas.-In the case of an investment made in a part of a metropolitan statistical area that at the time of the investment -
(I) is not a targeted employment area, and
(II) is an area with an unemployment rate significantly below the national average unemployment rate, the Attorney General may specify an amount of capital required under subparagraph (A) that is greater than (but not greater than 3 times) the amount specified in clause (I).
(D) 4/ Full-time employment defined.--In this paragraph, the term `full-time employment' means employment in a position that requires at least 35 hours of service per week at any time, regardless of who fills the position.
(6) Special rules for "k" special immigrants. -
(A) Not counted against numerical limitation in year involved. - Subject to subparagraph (B), the number of immigrant visas made available to special immigrants under section 101(a)(27)(K) in a fiscal year shall not be subject to the numerical limitations of this subsection or of section 202(a).
(B) Counted against numerical limitations in following year.-
(i) Reduction in employment-based immigrant classifications. - The number of visas made available in any fiscal year under paragraphs (1), (2), and (3) shall each be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) .
(ii) Reduction in per country level. - The number of visas made available in each fiscal year to natives of a foreign state under section 202(a) shall be reduced by the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the foreign state.
(iii) Reduction in employment-based immigrant classifications within per country ceiling. - In the case of a foreign state subject to section 202(e) in a fiscal year (and in the previous fiscal year), the number of visas made available and allocated to each of paragraphs (1) through (3) of this subsection in the fiscal year shall be reduced by 1/3 of the number of visas made available in the previous fiscal year to special immigrants described in section 101(a)(27)(K) who are natives of the forei gn state.(C)[Subparagraph (C) was stricken by Sec. 212(b) of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 103-416 , 108 Stat. 4314, Oct. 25, 1994)]
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