The bill also tries to increase per-country limit for family based immigration that will benefit Mexico/Philippines. Why aren’t you complaining about that? So it seems like a uni-directional bashing towards India/China?
Let’s focus on building the next big thing, shall we?

Does the current system really ensure fairness? As someone quoted earlier, if you walk into a restaurant, then should you be asked to wait just because of your ethnicity?

Let the best talent win. Talk to any silicon valley or high-tech recruiter and he/she will tell you that they recruit candidates based on their skill-sets and not on their country of origin. Diversity in a high-tech
company comes from diverse: skill-sets, disciplines(math,Computer Science,Electrical engineering,operations research and so on), experiences/stints.

You need diverse cooks/chefs(from mainland) in a continental kitchen in order to make a traditional entree. This doesn’t hold true for engineering jobs.

Current system insures the fair diversity. That means that even amount of visa’s issued to all countries. With the new system countries with bigger populations (India, China, etc..) will get an advantage over other countries, as they would consume the most amount of visas.

So who’s going to create this new “skill judging” system?

End racism now!

This is about first come first serve and not discriminate talents based on their birth origin. VOTE YES and PASS H.R. 3012.

No, this bill doesn’t NOT freeze anything. It attempts to clear the existing backlog i) in a phased manner and ii) in 3 years.

when you say, “rest of the world EB3 have been waiting for 5-6 years …”, you are conveniently skipping the fact that in the rest-of-the-world(ROW) category, as of now, only Mexico AND PHILIPPINES are backlogged. But they are backlogged only till 2006. While India is backlogged till 2002 and China till 2004.

And this is precisely the reason why I posted all the statistics in earlier comments. If you are unable to understand those numbers and the reasoning behind it then there’s nothing we can do to, sorry. Again, starting from 2007, your ROW category has applications in 3 digits, literally around 500, every year till 2011. So given this 3 digit number and your 2006 backlog for Mexico/Phil, you can do the math yourself and will realize that your fact-twisting logic falls flat on it’s face.

First come first served(or a FIFO queue – first in first out) = FAIR.

This bill freezes the processing of applicants of the other 185+ countries for the next 3 years so that Indian applicants (the most backlogged) can catch up. As per the recent visa bulletin Employment Based category 3 (EB3 : one that requires a bachelors degree) from India have been in line for 9 years while the rest of the world EB3 have been waiting for 5-6 years. This bill will be retroactively award India and China applicants 85% of the pie and leave only 15% for all other countries. So all the other 185+ countries applicants WILL pay (by being tagged an additional 4 years wait) because India and China is overrepresented. This bill bites hard to all the other countries!!! Why 85%? Why not 60%? India and China already gets the unused visas from the rest of the world.

Proponents of this bill compare apples to oranges by comparing EB2 category from other countries to the heavily backlogged EB3 of India thus confusing people.

India and China benefits ALL other countries loose = FAIR

In addition to the green cards, the government issued 881,840 temporary work visas and gave refugee or asylum status to 96,721 aliens. The total increase to the American workforce was 1.75 million foreign workers. According to the Census Bureau, 1 out of every 6 workers is foreign born.

Source: Immigration Skyrockets as Americans Lose Their Jobs
by Virgil Goode

I would agree. Additionally, however, I think it is equally important to be concerned and invested in the rapid improvement of our education system.

This bill is designed to give green cards to applicants based on skill on a first come first serve basis. Country caps have no place in employment or employment based immigration. This bill does not add a single visa number to the system.

This bill also increases the country cap from 7% to 15% without increasing a
single visa number. This will be helpful to lot of family based immigrants who are separated from their loved ones.

In addition to making it easier on applicants, it makes America more competitive and upholds american values.

Thanks for introducing this simple but sensible bill.

Though it is illegal to discriminate based on national origin en employment, employment based green card system discriminates based on country of origin. This hurts US competitiveness as applicants from certain countries has to wait up to 70 years because they are born in a particular country. This bill removes the country limit in employment based green card system giving green cards based on “first come first serve” basis.

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. —http://www.eeoc.gov/eeoc/index.cfm

Visa numbers/statistics speak louder than words

Comment 2: <2.2> continued

As the economy dipped, so did the overall applications. Which does make sense.

From the data above, notice how applications from ROW (rest of the world – Mexico/Philipines/Canada/UK/Taiwan/Poland/etc) are so miniscule that they wouldn’t have to wait in line for the next 5-10 years. And why do I say 5-10 years? That’s because it’s like a credit history. If someone has not been defaulting (on their payments) for the last 10 years then there’s a good probability that they would not default again. Simple mathematical model that we use everyday.

So putting everything together, H.R. 3012 truly helps is clearing the existing backlog of green-cards. And that too in a phased manner. It does not use a big hammer approach. Period. In addition to that, going forward, it brings a fair rule – first-come-first-serve basis. Which does make sense.

Thanks for your time.
Comment2: ends here

Visa numbers/statistics speak louder than words

Comment 2: <2.1> continued

legend:
green-card applications: GCA

2007:
total GCA: 98754, certified GCA: 85111, Denied GCA: 10581 Withdrawn:3060 (withdrawn are not so important. So it will be ignored in the next few lines)

2008:
total GCA: 61998, certified GCA:49205, Denied GCA: 10729

2009:
total GCA: 38247, certified GCA:29502, Denied GCA:5356

2010:
total GCA: 81412, certified GCA: 70237, Denied GCA:8439

Now let’s look at per-country numbers:

2007:
India : 24573(28%) , China:6846, Mexica:6442, SKorea:5159, Canada:4837, Philipines:4821, (UK,Taiwan,Pakistan,Colombia,Brazil,Japan,Poland etc):anywhere between 1000-2000

2008:
India: 7197(15%), (China/Mexico/…/UK/Taiwan/Poland) : anywhere between 500 -1000

2009:
India: 6403(21%), (China/Mexico/…/Poland) : 500 -1000

2010:
India:14872(21%), (China/Mexico/../Poland) : 500 – 1000

Comment 2: <2.1> discontinued due to word length limit.

Visa numbers/statistics speak louder than words

Comment 2: start

Please support this bill.
To better assist you in pitching our case, I have posted some more high-level data after mining the raw-format posted by USCIS. I used a simple computer program to arrive at the numbers.

Before we look at the numbers, here’s some USCIS lingo.
1) The public data(PERM application) posted by USCIS contains Certified/Withdrawn/Denied PERM status.
2) Public data does not mention the class(EB1/EB2/EB3) of the applications. But that’s ok. We just want to get a feel of the per-country statistics.
3) PERM application – This is the first stage in the green-card process.

I am only running numbers from year 2007 – 2010. 4 years worth of data is plenty to get a good feel of the current state of affairs.

Comment 2: discontinued due to word length limit.

Please support and pass this bill. It is high time that we give all the due rights to the skilled workers who are helping to improve the economy of this country.

vishalbalchandani – That’s complete baloney ;). This bill is trying to clear the existing backlog in a phased manner. These folks already have jobs.Sure, diversity is always needed and is very important. So using that very same argument, why is there a preference for medical graduates? Why do foreign-born medical graduates have different laws? Do you not need engineers?

As someone mentioned earlier in these blogs, there’s a diversity category that takes care of this. India/China are not eligible for this category.

But again I wonder, you don’t mind folks driving cabs in NewYork, who might get there using the very same diversity program. But you mind folks getting their green-cards(in an expedited fashion) who already have jobs?

Lzoccoli – your assessment of this bill is wrong. The quota for employment-based immigrants makes up no more than 15% of the total legal immigrant quota. The other 85% still has “per country limits” to maintain “diversity” of incoming immigrants. All this bill does is removes the per country limit for the employment-based immigration category (again, that category is less than 15% of the total legal immigrant quota). So as such, this bill will eliminate the discrimination by national origin of employment-based immigrants without adversely impacting overall “diversity” of incoming immigrants. If you don’t understand the math, I’d recommend visualizing a pie chart and applying what I have said above.