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  • 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)]




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  • wecandoit
    02-12 03:24 PM
    $25 Sent to IV
    PAYPAL: Payment Sent (Unique Transaction ID #1BA72983WV1168322)




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  • abq_gc
    08-18 03:29 PM
    Abq_gc,

    I agree with you on the fact that this is extremely frustrating. Believe me I can feel your pain. However all I am saying is, put your faith in the IV core for a more long term solution, where ALL EB categories benefit. This is a **NOT** a quick strike mission as we have seen for the past 4 years or more. The system is HORRIBLY broken. You cant try and put a bandaid on a foot long laceration. I am sure the idea of a quick fix appeals to a lot of people and I dont blame them either. Everyone on here wants to get their GC and get this mess over with.

    I have full faith in the IV core and I know they are working on it as we speak... but Eb3_Nepa we cannot let our guard down against USCIS and I know very well that this is a long term mission.. but we can still do some quick strikes and weaken the enemy before the kill... or would u rather just wait another 3-4 years before the final kill ??
    ( playing too much of the RTS games because of the apparent frustration ..)

    Anyways.. I am with the core and will always support whatever they do, because it will be good for the community as a whole.

    All I am suggesting is to be on their heels.. just like my #$%^&* manager.. to get the work done




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  • skd
    05-29 07:29 PM
    sent the emails to senator/s



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  • royus77
    07-06 11:42 PM
    Why not in DC... IF we really plan then we can do this in DC.. ? may be next weekend?


    DC is the right place to do !!! As some one suggested 100-200 people on a weekday or 1000 on a weekend is good enogh to get media attention




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  • SunnySurya
    08-18 02:38 PM
    Thats is true, it is always about me. Want to make it now about "you" ? Then write to ombudsman.
    Who so ever is willing to support SunnySurya read his earlier posts.

    All I can get from his posts is MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC, MY GC.




    .................................................. ................
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    $470 + $50 recurring



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  • vbkris77
    03-06 04:44 PM
    Great job Mirage, if they can lift country cap for 2 years and work per law, it should resolve all the issues. Per their stats they published to DHS, they have 250K EB applications pending, even if you add 100K applications for the remaining, it should clear all the backlog.

    Ofcourse CIS can kill it by saying FBI name check etc. But they can't do it for 250K applications pending. Even though I haven't filed my 485 yet, I support this.




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  • designflaw
    09-14 01:24 AM
    What do you guys think about ROW EB3? Any chance for them folks or are they SOL as well?



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  • tonyHK12
    02-22 05:58 PM
    Transaction ID: 0HV49363NW0956225
    Description Unit price Qty Amount
    Donation to Support Immigration Voice (User: imm_pro)
    $500.00 USD 1 $500.00 USD


    Amazing effort imm_pro, thank you. This has been the biggest individual donation so far, and the only one for today. Hope it inspires others. I pledge a total of at least $400 for this event. thanks also to vid080, satyakb
    We have achieved 15% of our goal.

    Total Contributions...........$7,625.00
    Amount to be raised.......$42,375.00
    .
    .




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  • buddyinsd
    08-27 06:44 PM
    I'd suggest u guys take ur card magnetization talk onto another thread instead of making other current and still waiting ppl feel bad about the fact that they still dont have cards but here we have others talking about their plastic cards.

    it is not to prevent 'de-magnetization' but to prevent rfid communication. All new passport and other govt id 'cards' ship with rfid chip in them which contains encrypted biometrics info. Since rfid info can be read even 10 meters away with right equipment, it is better to put it in a metallic sleeve (creating a Faraday cage) to prevent anyone from sniffing then biometrics info.
    here is more info ..

    SecureIDNews | New U.S. 'Green Card' using optical stripe, RFID technology (http://www.secureidnews.com/2010/05/12/new-u-s-green-card-using-optical-stripe-rfid-technology)

    edit: some additional info, mythbusters did a segment on the myth of demagentized credit card. It would take a really very strong magnet to demagnetize the strip, definitely not the kind you would carry in your pocket.



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  • sheela
    08-08 06:01 PM
    Last night got a message welcome notice sent.

    Today message changed to ( the dates shows yesterday)

    Current Status: Card production ordered.

    On August 7, 2008, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Congrats!!!
    Enjoy freedom




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  • GCStatus
    09-16 04:35 PM
    Dudes & Dudettes,

    Hasnt the issue of processing order been beaten to death?

    I understand the momentum here....not trying to rain on a parade or anything...but shouldnt we be a little practical. How long is litigation going to take? Wont only naive lawyers even take this up?

    USCIS can always pull the security reason trump card here.

    moreover, during the last quarter...in the effort to not waste visas, low hanging easy to approve cases with later priority dates have gotten approved. wudnt u rather have that than visas going waste?

    We have been patient for a very long time....lets see how the dates move in the 1st 2 quarters of fiscal 09.

    My personal suggestion....stop worrying aout GC...there are much bigger things in life to worry about. :)

    Mr.Lord - Before making any comments read and understand the content first. I dont want to explain anything further



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  • psk79
    08-21 10:19 AM
    Application received by R.Mickels on 07/02/07 at NSC ( I485/I131/I765), LUD on my I 140 on 07/28/07.My I 140 approved April 06. No receipts/ checks cashed. I m From NY,I think my application transfer to TSC.
    Actually I had problem since my son will be 21 on July 24th, I hope i will get receipt date July 2nd.

    I had a LUD on 7/28 and nothing after that... My I140 approved in Texas in April2006. I think we should get the receipt number here pretty soon...




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  • tonyHK12
    02-01 02:38 PM
    Donated $100 for the event.

    Thank you pd052009, Rajeev, arun_ramani, tonyHK12 for your donations.

    Total Contribution: $600
    Amount to be raised: 50,000 - 600 = $49,400



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  • sracharla
    08-03 06:39 PM
    Today i added my old H1B (2003) case to my portfolio..i saw LUD on it...LUD date is '14th july 2007'...not sure...14th july is saturday...but no surprise...i saw lot of people posted that their LUD was on weekends....Is it good indication? sorry if i am asking unnecessary question..




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  • tonyHK12
    02-18 08:42 AM
    thanks actaccord, lvinaykumar, sripk. only 44 days to go.................

    Total Contributions..........$6,425.00
    Amount to be raised.......$43,575.00
    .
    .



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  • Mahatma
    08-12 10:15 AM
    Please correct the following typo.

    Instead of "my contribution..." (by the way it is continuing), please read "by contribution....."

    I am uanble to keep pace with my thoughts and finger typing...and I have no patience to check typos....

    Sorry for the inconvenience.




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  • narendery
    08-18 11:52 AM
    I received the below emails

    on 8/15 - Current Status: Card production ordered
    on 8/16 - Current Status: Notice mailed welcoming the new permanent resident. On August 16, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    What is the Audit processing ?




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  • amitjoey
    07-09 06:02 PM
    Which is fine but the order by ground shipping will probably reach a week later.

    Oh!!, That's no good. Anyways, lots of florists have same day delivery for real flowers. So lets stick with real flowers, If I had a choice, I would send them fake flowers.




    hebron
    07-19 08:08 PM
    I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.


    I can't understand why Sanhari's suggestion would rile up EB2 folks. All he suggested was to use the EB spillover visas for oldest cases irrespective of EB category and country.

    Sanhari - Are you sure that this is a USCIS decision? Can USCIS change the way the do the spillover without legislation change?

    Folks, There is a another thread on here that says IV is neither against EB3 nor for EB2. If that's really the case why would Sanhari's suggestion not find favor? If IV seriously want to do something for the backlog, Sanhari's suggestion should be taken up.

    I anticipate and welcome reds, greens, blues for this post :)




    mahujam
    08-05 09:57 AM
    These guys are not consistent. I should have gotten a 2 year EAD.

    Dunno who to take this up with.



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