Seems people have a false belief that the country cap is the reason for the backlog and that removing it will somehow eliminate the backlog, but it's not true. The country cap doesn't impact the length of the backlog AT ALL. It only changes who is in the backlog. Today all the employment visa numbers allocated to eb1/eb2/eb3 preference get used. India gets its own 7.1% cap PLUS it gets as "spillover" any left over visa numbers after everyone from "rest of world" has had their visa issued. Thus all the visa numbers are being used up, but because of the country cap it's Indians and Chinese who end up waiting for a visa, while rest of world doesn't have to wait. If you removed the country cap the total number of visa numbers issued doesn't increase. You still have the same number of people applying and it's still more people than there are available visa numbers. Since visa numbers were already spilling over the removal of the cap doesn't create any new ones each year, just awards the existing ones to different people. Every year the same number of people will still be stuck waiting in the backlog. The only difference is that instead of only Indians being added to the backlog, it will be applications from every country that go into the backlog. The total number of visas issued each year won't change so it'll still take the same hundred years or so to clear that backlog, but instead of only Indians being in the backlog, EVERYONE will be. Removing the country cap will actually make things worse in the sense that whereas the system kinda today works ok today for most people (only Indians and Chinese get screwed) removing the country cap will make it horrible for 100% of people from every country instead of horrible for only some. The only way to fix this is to either increase the total number of visa numbers being issued each year, or decrease the total number of people getting approved. The latter would mean making it harder to get a greencard by disqualifying many of the people already in the queue today. People could be disqualified in many ways. We could use a lottery and randomly disqualify people, we could use a point system to do it, we could deny everyone who leaves the US, and/or eliminate the unlimited h1b renewals, or any other policy that results in denying a large number of existing applications. But unless more visas overall are issued, or more people are denied, the backlog just continues to grow at the same rate and to the same length as today It doesn't seem to me that most people debating this issue understand that.
Removing the country cap may not reduce the backlog but removing the country cap will ensure fairness in the sense that ppl who applied earlier will get their gc earlier. The current system is totally ridiculous where ppl with priority dates in 2009 and 2010 are still no where close to getting even an ead while some who’ve applied in 2015 already have their gcs. Also once the country cap is removed it is not the plight of Indians anymore but plight of every high skilled immigrant that comes to this country and only then will all the neo liberal immigrants understand that ppl who come to this country legally and with proper documentation matter too.
Where by "fair" you mean everyone applying today will face a 100 years wait instead of only Indians. While that might seem "fair" to you if you are Indian, I bet nobody else thinks that's fair.
I mean fairer. Yes the number is a problem but what lobbying are you actually seeing from anyone outside the India centric lobby to get this done? Unless it starts hurting everyone’s interest and not just that of one country there’s going to be no cumulative effort to fix the system
There is no SPILLOVER. If a country doesn't use the GC quota, then another COUNTRY cannot use it for EB1/2/3. Visa and GC are two different process. There is no quota for Visas. Quota exists only for GC.
Yes there is. Here is an article you can read to learn more about it: https://www.linkedin.com/pulse/how-140000-employment-based-green-cards-given-per-reza-nosraty-rcic There isn't MUCH spillover because most of the visas actually get used and therefore don't spillover, but that is my point in post 1.
You may want to refer to the official site for clarifications. Here is the link from USCIS site that details the limit at 7% for a country. There is no SPILLOVER. https://www.uscis.gov/tools/glossary/country-limit
I can only say that USCIS should not blatantly approve i140s. The number of i140s approved should not have been greater than 1.25 times GC to be issued in any given year. What can be expected when no of i140s approved is probably 20x,30x,40x the yearly GC quota. Also beats me why L1 visa holders can apply for GCs.
It won’t make it horrible for 100% of the people. Waiting 3-4 years is not horrible by any means. Waiting decades is horrible.
You are innumerate. It's going to be a 100 year wait for all applicants instead of only Indians.
Show me how you arrived at that, or GTFO. Start from official USCIS backlog data, and show your calculations on how that leads to a 100 year wait time for everyone.
So what you’re essentially saying is - you'd rather folks from the most backlogged countries die waiting than have the others suffer more of a backlog ? I call bullshit on everyone having to wait a 100 years . The wait time for other countries will go up yes and the wait times for super backlogged countries will go down , if this isn't fair, I don't know what is . Sure , you can lobby Congress to increase overall number of visas but that shouldn't be at the cost of backlogged folks having to continue to suffer .
Bhaiya how many times do i have to repeat myself? Nobody except indians gives a shit abt this so nothing will change.
I’m from China. I don’t have problem waiting longer than others a little bit given that Chinese applicants are so many. But if the wait time is going to be 10x than others I would consider it unfair.
Yeah it's unfair. No doubt. But removing the country cap will only make it even more unfair since an even greater number of people will be subject to the unfairness. There are only two logical ways to fix the problem: 1. Deny more people so that there are more being kicked out of the queue / not being allowed to join the queue 2. Issue more visas so that there are more people graduating from the queue Eliminating the country cap just shuffles who is in the queue without making it shorter. It's also worth pointing out that ANY system that imposes ANY quota, no matter how constructed, will be unfair to the people it rejects. For example, is we use a points system to select anyone who doesn't have a master's it will be unfair to potentially smarter and more capable people who went into industry instead of two more years of school.
Removing per country will not make it unfair to anybody. It’ll just make it fair for everybody. The ppl who’ve been getting an unfair advantage due to the lottery of their country of birth are not going to get that anymore. They can cry that it’s not fair but that doesn’t make it so. When you go to a grocery store with just one cashier you just queue behind the person who is standing before you to check out. That is a fair system. Cashier calling out people to checkout based on their looks or skin color or w/e is not a fair system. You seem to have a real problem grasping simple facts.
Nobody is asking, us, peasants 'would you like your Visa number emailed or fedexed?', or 'would you like world become fair overnight?'. Whining is pointless.
They should try to give Green Cards for most, of not everybody in the line as soon as practically possible and put a temporary hold on new green cards to everybody except maybe student visa holders. Saying this as somebody not even in the line. I feel having people living in artificial uncertainty is a lose-lose situation. Bad for the immigrants, bad for the country as a whole.
Immigrants took a chance. Nobody is suffering except them. They are neither citizens, nor permanent residents. Let's face it, nobody gives a f##k about them.
Look at it from a purely pragmatic view. The US will also benefit from immigrants having more freedom. It’s not like they’re being thrown out. More money will stay in the US, more investment will be made, potentially job growth due to some immigrants starting up companies because they’re not visa slaves. Less downward pressure on wages.
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You have a very strange definition of “most people”.
By most people, I mean the majority of people who apply for greencards. It's patently unfair to the minority of applicants from India and China.
The majority of EB green cards are indeed filed (generally by employers, but some are self-petitioned like the national interest waiver) for people from India, China, Mexico, and Phillipines. These are, unsurprisingly, the backlogged countries. The others do not have a wait time. Employers love the backlog, of course (much how they love non-competes, and non-poaching agreements aka wage theft). Eliminating the per-country cap will remove the incentive for employers to hire from backlogged countries to force retention.