TLDR; Employers buy quota ahead of time to file 140/485. Employer decides merit and who gets to file. Backlog generated within companies is employers problem. Provisions to turn shady companies employer/employees on each other. I'm a naysayer for only removing country cap, but many of you don't like merit-based because you don't think USCIS will do a good job evaluating merit. How about this hypothetical idea similar to something that is floating around for the H1B? 140/485 slots are purchased by employers and employers only. You cannot file these without a purchased slot number. Prices increase linearly when you purchase more. Employers can purchase up to 20% of their total on-site citizen/GC employee count at this pricing and any more after that the price increases exponentially for the entire order. This is to prevent ICC firms from cannibalizing the shares and prevents companies from hiring work visa individuals exclusively. Unused slots do not carryover and cannot be refunded. Employers decide who to give the purchased slots to. Most likely legit employers will do this by performance, contribution, seniority, etc. Even then I believe legit employers will likely buy enough slots for the employees they want to sponsor. Shady companies will probably auction off the slots to the highest bidding employee to recoup the cost of the slot purchases. If you received a slot/GC because you paid for it or you have some unknown deductions/fees on your pay that was not filed to USCIS, you can anonymously report your employer, receive a large cash reward and still get to keep your GC. If you didn't receive a slot but have definitive proof that's happening, you can also report to get the same reward and be offered a GC filing immediately without sponsorship. Employers will be barred from purchasing any additional slots for the next x years if evidence is deemed a violation. So at the end of the day, if you're skilled, you want to go with reputable companies or reputable consulting firms. If you're not having luck getting job offers and resort to ICC, then it means you really shouldn't be receiving a skilled work visa in the first place let alone a GC so either you stay in the backlog of that employer, do something to up your game, or get booted when your work visa expires without 140 approval. Just keep in mind that someone receiving the GC by paying for the slot may turn on the employer once they receive their GC for monetary reward so backlog within that employer will grow. This also means merit is partly defined by how attractive you are to employers in your industry. If you can't get job offers from companies that will legitimately obtain a slot for you, then you are not as skilled as you claim to be. Everything else in the process stays the same, with the slot number, you file for 140/485 separately or concurrently. There is no priority date anymore. What do you country-cap-removal-die-hards think about this hypothetical EB GC system? TC: 200K
TLDR
Sounds like bitcoin
Too complex. Here’s the easier version: USCIS accepts petitions each year for GC. Top 140,000 highly paid individuals are awarded GCs that year irrespective of CoB. The ones who don’t make it, try next year.
You should be put on PIP for such long posts
I read most of it. Not a good idea. It would encourage big firms to break down into many smaller fake companies to enjoy the cheap quotas. In the end, we will have 1 million companies each with one 140 applicant.
I honestly can't see anything changing. If you remove a country cap you risk removing diversity on legal immigration, and if you increase GC count you put pressure on the job and housing market in the US. I would imagine that more companies will just start moving roles back offshore and pay slightly better than local market rates.
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Who got time to read so much man
Added a TLDR version.