ca_immigrant
10-15 03:35 PM
Bhagvan saab ka bhala kare...shuruvath mere se kare.... ;)
ie, May god bless all and may he start with me ;)
easy, do not yell, USCIS is not going to start with me cause of my petition with God.
ie, May god bless all and may he start with me ;)
easy, do not yell, USCIS is not going to start with me cause of my petition with God.
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chanduv23
06-28 08:56 PM
Maybe eb2, eb3 petitions are far less in number than "other worker" petitions. USCIS definitely has a rough idea of the number of petitions that could be filed. It may not be as bad in July, if such a situation happens it may happen in August
Is there anything we can do at this time - probably nothing unless such thing happens.
Wow, we talk about employers, managers, lawyers etc..... but look at USCIS - the biggest culprit. As long as it is related to immigrants - they can do anything and get away?
Is there anything we can do at this time - probably nothing unless such thing happens.
Wow, we talk about employers, managers, lawyers etc..... but look at USCIS - the biggest culprit. As long as it is related to immigrants - they can do anything and get away?
gc4me
03-28 02:37 PM
Looks like we have 45 days after the rule goes in effect. Please read the following text.
Will you please tell us which text you are refering to?
(b) Expiration of labor certifications. For certifications
resulting from applications filed under this regulation and the
regulation in effect prior to March 28, 2005:
(1) An approved permanent labor certification granted on or after
[effective date of the final rule] expires if not filed in support of a
petition with the Department of Homeland Security within 45 calendar
days of the date the Department of Labor granted the certification.
(2) An approved permanent labor certification granted before
[effective date of the final rule] expires if not filed in support of a
petition with the Department of Homeland Security within 45 calendar
days of [effective date of the final rule].
(c) Scope of validity. For certifications resulting from
applications filed under this regulation and the regulation in effect
prior to March 28, 2005:
(1) A permanent labor certification for a Schedule A occupation or
sheepherders is valid only for the occupation set forth on the
Application for Alien Employment Certification (ETA Form 750) or the
Application for Permanent Employment Certification (ETA Form 9089) and
only for the alien named on the original application, unless a
substitution was approved prior to [effective date of the final rule].
The certification is valid throughout the United States unless the
certification contains a geographic limitation.
(2) A permanent labor certification involving a specific job offer
is valid only for the particular job opportunity, the alien named on
the original application (unless a substitution was approved prior to
[effective date of the final rule]), and the area of intended
employment stated on the Application for Alien Employment Certification
(ETA Form 750) or the Application for Permanent Employment
Certification (ETA Form 9089).
Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
Will you please tell us which text you are refering to?
(b) Expiration of labor certifications. For certifications
resulting from applications filed under this regulation and the
regulation in effect prior to March 28, 2005:
(1) An approved permanent labor certification granted on or after
[effective date of the final rule] expires if not filed in support of a
petition with the Department of Homeland Security within 45 calendar
days of the date the Department of Labor granted the certification.
(2) An approved permanent labor certification granted before
[effective date of the final rule] expires if not filed in support of a
petition with the Department of Homeland Security within 45 calendar
days of [effective date of the final rule].
(c) Scope of validity. For certifications resulting from
applications filed under this regulation and the regulation in effect
prior to March 28, 2005:
(1) A permanent labor certification for a Schedule A occupation or
sheepherders is valid only for the occupation set forth on the
Application for Alien Employment Certification (ETA Form 750) or the
Application for Permanent Employment Certification (ETA Form 9089) and
only for the alien named on the original application, unless a
substitution was approved prior to [effective date of the final rule].
The certification is valid throughout the United States unless the
certification contains a geographic limitation.
(2) A permanent labor certification involving a specific job offer
is valid only for the particular job opportunity, the alien named on
the original application (unless a substitution was approved prior to
[effective date of the final rule]), and the area of intended
employment stated on the Application for Alien Employment Certification
(ETA Form 750) or the Application for Permanent Employment
Certification (ETA Form 9089).
Sure http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/06-1248.htm
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aps
09-23 01:53 AM
This is not fair and good idea. what about people waiting in line for years and invested their money elsewhere because of this green card delays or those who do not have enough money and job in this market situation. All of the sudden you are brining this idea. This is not fair. This is kind of buying green card. There is a investment based green card category available for that. I request you to go through that channel if you are rich. Not all employment based green card seekers are rich. Please keep that in mind.
thanks,
aps
thanks,
aps
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senthil1
06-15 11:54 PM
Outsourcing is bad for not only for US citizens but also for future H1bs and GC aspirants also.
Still all the jobs cannot be outsourced. Also if that would have been the case I would have been out of job. But My salary was increasing steadily and in this tough economy also I was able to get a new job with 20% rise in pay after I lost job . There are many companies in USA who are only hiring USA citizens and discouraging outsourcing. Wherever I was working I discouraged those companies from outsourcing but encouraged them to hire h1bs ,GC holders or US citizens. Many start up companies in California cannot afford to do outsourcing because of tight release schedules.
dilipcr,
Please wake up from your dream. No matter how you want it, outsourcing won't go away.
Outsourcing companies will always provide a lower cost to client as long as dollar is valuable than rupee ( or any other developing world currency).
They can do this by one of the following ways.
Use L1s for client site assignments. Some of these maybe illegal. Still they do it. Client is happy, outsourcers are happy.
Let us say everybody complains to ICE about this and L1 visas are unavailable for outsourcers. Their next strategy is to change the ratio of onsite resources to offshore resources. Again they will offer a cheaper solution to client. For executing a project in onsite/offshore model they don't need all these L1 guys here. They just need a few managers and maybe some team leads. They can execute the project with minumum resources onsite. Company and client wins again. The only reason they place so many resources onsite is to charge the client at dollar rate.
If US wants to prevent offshoring they have to ban offshoring explicitly. Doing so will go against the WTO rules.
To summarize, outsourcing cannot be stopped. Salary levels will always go down with time.
Still all the jobs cannot be outsourced. Also if that would have been the case I would have been out of job. But My salary was increasing steadily and in this tough economy also I was able to get a new job with 20% rise in pay after I lost job . There are many companies in USA who are only hiring USA citizens and discouraging outsourcing. Wherever I was working I discouraged those companies from outsourcing but encouraged them to hire h1bs ,GC holders or US citizens. Many start up companies in California cannot afford to do outsourcing because of tight release schedules.
dilipcr,
Please wake up from your dream. No matter how you want it, outsourcing won't go away.
Outsourcing companies will always provide a lower cost to client as long as dollar is valuable than rupee ( or any other developing world currency).
They can do this by one of the following ways.
Use L1s for client site assignments. Some of these maybe illegal. Still they do it. Client is happy, outsourcers are happy.
Let us say everybody complains to ICE about this and L1 visas are unavailable for outsourcers. Their next strategy is to change the ratio of onsite resources to offshore resources. Again they will offer a cheaper solution to client. For executing a project in onsite/offshore model they don't need all these L1 guys here. They just need a few managers and maybe some team leads. They can execute the project with minumum resources onsite. Company and client wins again. The only reason they place so many resources onsite is to charge the client at dollar rate.
If US wants to prevent offshoring they have to ban offshoring explicitly. Doing so will go against the WTO rules.
To summarize, outsourcing cannot be stopped. Salary levels will always go down with time.
srikondoji
06-26 12:32 PM
nope. The august bulletin which gets released mid july didn't get into our arguements at all. We were specifially talking about july filers and july month.
Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.
Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.
That's what your lawyer said. Right?
Yes, i agree that if August bulletin retrogresses than that affects only august filers and not the people eligible to file in july.
Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.
That's what your lawyer said. Right?
more...
unseenguy
08-16 02:29 PM
Is this what anti's call us? I think most of us are not just cheap labour. Definitely paid more that the average wage levels.
No. I am comparing apples to apples. An american with your skills and qualifications would be paid more than you are being paid, at most places.
If you are comparing with average wages, it doesnt make sense. Are you being paid more than americans with same skills and qualifications, if yes then you are not cheap but I doubt.
No. I am comparing apples to apples. An american with your skills and qualifications would be paid more than you are being paid, at most places.
If you are comparing with average wages, it doesnt make sense. Are you being paid more than americans with same skills and qualifications, if yes then you are not cheap but I doubt.
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logiclife
06-26 12:21 PM
Yes, the august bulletin will be showing retrogressed dates. But when August bulletin is issued in mid-July, it does not impact the petitions received in July, because the August bulletin applies to August and even if August is retrogressed until 1975, they still have to accept 485s until 31st July.
That's what your lawyer said. Right?
That's what your lawyer said. Right?
more...
Blessing&Lifeisbeautiful
07-25 08:38 AM
OLDMONK - sam_i02 - BLIB
Here is my $.02 (or maybe 200 cents)
I am here since 2001 and my family joined me in 2002. I came here at a fairly grown up age and the reason for coming here is mainly for a better life for my family. I don't make enough money to be able to send and invest in India. In fact I was sent money (more than $10K) a few times from back home.
But I do make enough money here to be able to live in a good house and have a couple of cars. In India I couldn't have dreamed of a second car (I did have a car in India) and it would have been impossible for my kids to have a car when they are 16. I know for sure I have secured the future of my kids better here in the US than what it could have been for them in India. We are educated people and we keep reading about the successes of the Ambani Borthers, Rahul Gandhi and others. Our family with average IQs and wealth can only read the news but can never have a chance to have a go and succeed like those BIG WIGS in India. Here in the US, we definitely have a chance, to become at least a millionaire before we retire. As for my kids, they could be rich at a much younger age.
My PD is Oct. 2003 EB2 India (filed everything in June 2007) and I have sustained the wait for 4 years and I am willing to take on the stress for may be one more year for my family by which time we all should have our GCs. Moving to Canada? - I would rather start my own consulting company in Canada and go there once in a while (preferably in the summer) to enjoy the weather and to take care of my business.
Sincerely - IE
You are right. A lot of us came here for a better life. And yes it is a better life. I think Canada is a good option, but it is a lot harder to uproot and move, when you are sooo settled in the US.
Thanks for sharing your story.
Here is my $.02 (or maybe 200 cents)
I am here since 2001 and my family joined me in 2002. I came here at a fairly grown up age and the reason for coming here is mainly for a better life for my family. I don't make enough money to be able to send and invest in India. In fact I was sent money (more than $10K) a few times from back home.
But I do make enough money here to be able to live in a good house and have a couple of cars. In India I couldn't have dreamed of a second car (I did have a car in India) and it would have been impossible for my kids to have a car when they are 16. I know for sure I have secured the future of my kids better here in the US than what it could have been for them in India. We are educated people and we keep reading about the successes of the Ambani Borthers, Rahul Gandhi and others. Our family with average IQs and wealth can only read the news but can never have a chance to have a go and succeed like those BIG WIGS in India. Here in the US, we definitely have a chance, to become at least a millionaire before we retire. As for my kids, they could be rich at a much younger age.
My PD is Oct. 2003 EB2 India (filed everything in June 2007) and I have sustained the wait for 4 years and I am willing to take on the stress for may be one more year for my family by which time we all should have our GCs. Moving to Canada? - I would rather start my own consulting company in Canada and go there once in a while (preferably in the summer) to enjoy the weather and to take care of my business.
Sincerely - IE
You are right. A lot of us came here for a better life. And yes it is a better life. I think Canada is a good option, but it is a lot harder to uproot and move, when you are sooo settled in the US.
Thanks for sharing your story.
hair 2011 BMW 3 Series Coupe and
vamsi_poondla
02-15 03:34 PM
I dont understand the whole point of discussion here ... What does the IV Senior Members think about this , The idea of a lawsuit to capture the loss immigrant visas, is not against USCIS, its against the system. Infact the USCIS should be on our side, as per the USCIS Ombudsman, Mr .
Atleast we should try , discussing and cribbing on the forum wont help.
Have you checked the latest news about USCIS Ombudsman's Mr. ? Here I am not talking on the behalf of senior members, if some leaders come forward, make efforts to sue USCIS, I don't doubt about the moral support from entire IV community including senior members.
Once it is law suit, USCIS is the system since it is what created this wastage of visa numbers.
Atleast we should try , discussing and cribbing on the forum wont help.
Have you checked the latest news about USCIS Ombudsman's Mr. ? Here I am not talking on the behalf of senior members, if some leaders come forward, make efforts to sue USCIS, I don't doubt about the moral support from entire IV community including senior members.
Once it is law suit, USCIS is the system since it is what created this wastage of visa numbers.
more...
dskhabra
01-13 02:01 PM
One important point from the document: If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.
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rbharol
03-19 01:25 PM
Hi, I am seriously planning to start Canadian immigration after wasting 7 years of my life in chasing GC. Can anybody suggest some good lawyers/attorneies/agencies who are not money suckers like US immigration attornies ? Also, somebody mentioned that one can apply Can immigration by himself. Is there any issue with that ?
Thanks
Do it yourself. It is easy.
Thanks
Do it yourself. It is easy.
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patfanboston
05-12 01:22 PM
Can I ask a question - tangential, maybe, but not by much. Why do Tamils have such a problem assimilating? Why don't they learn the local language and respect the local culture when they immigrate? Their motto seems to be "In Rome, be a Raman".
And the opposite is true when people speaking other languages settle in Tamil majority areas - they are, dare I say, forced to integrate, because that is the only way one can manage to live on a day-to-day basis. Would Tamils ever allow a non-Tamil minority to gain even a tiny foothold in their areas where the Tamil writ would not run? I doubt it.
Note that I am a firm believer of learning and respecting the local culture and integration. One does have a 'right' to propagate one's own language and culture, but they lose that right substantially when they emigrate to an alien land - whether it is within the same country or not.
To extend the logic, when we (mostly people of Indian origin in this group, I would assume) immigrate to the US, while we may try to conserve our heritage in private, we cannot impose it on the locals. That is when you end up creating ill-will against immigrants among the native population. America has been a great melting-pot, and has had great success assimilating great waves of immigrants from various countries including Italy, Ireland, Scandinavia, Germany etc, and the reason it succeeded was that in a couple of generations, there was total integration into the American culture. We owe it to our adopted country to do the same.
And the opposite is true when people speaking other languages settle in Tamil majority areas - they are, dare I say, forced to integrate, because that is the only way one can manage to live on a day-to-day basis. Would Tamils ever allow a non-Tamil minority to gain even a tiny foothold in their areas where the Tamil writ would not run? I doubt it.
Note that I am a firm believer of learning and respecting the local culture and integration. One does have a 'right' to propagate one's own language and culture, but they lose that right substantially when they emigrate to an alien land - whether it is within the same country or not.
To extend the logic, when we (mostly people of Indian origin in this group, I would assume) immigrate to the US, while we may try to conserve our heritage in private, we cannot impose it on the locals. That is when you end up creating ill-will against immigrants among the native population. America has been a great melting-pot, and has had great success assimilating great waves of immigrants from various countries including Italy, Ireland, Scandinavia, Germany etc, and the reason it succeeded was that in a couple of generations, there was total integration into the American culture. We owe it to our adopted country to do the same.
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LC2002
03-19 09:23 PM
If anyone who is stuck in with labor gets oppurtunity must use it. Even people who are jealous are given this oppurtunity will be first to run with that.
Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.
G
Very well said Subst_labor. People like Janak are simply jealous that you had the offer. People like him always will think that you are cheating the system or something like that just because a company offered you a labor substitution. I think that one should not judge such cases, and I am actually happy for all of those who are fortunate enough to receive their green cards sooner because of third factors. Good luck with your Labor subst. I hope the company is OK.
G
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mchundi
01-09 02:11 PM
I just got to this site via from immigration portal.
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
Probably true,
I think the DOL/USCIS(I dont know who) is moving in this direction.
The real problem is the 7% limit per country and the time it takes for one to go thru the 3 steps.
There r several people who have started G.C process several times for different reasons. This slows them (DOL/USCIS) down and remember this is like a chain reaction until u stop applying for a G.C or AC21 kicks in.
Bill Clinton signed some immigration relief for the illegal immigrants just before he left without allocating any resources to process them. Close to 300,000 illegal immigrants filed their labor before Apr 2001. This brought the DOL to a halt and it couldnot recover for 2 years. Finally the BEC's were created to resolve the mess created by the new law. They did not sove the problem but addressed it to some extent. For some it became worse.
In the meantime several VISA numbers went unused because the DOL probably scrutinized the cases more thoroughly and probably there were more rejections by USCIS
The reason why so many people look for loop holes is because of the inordinate delay in the process.
I guess the situation will only become worse unless those who got their labor get to apply for 485 and get portability thru AC21 or dropout altogether.
The problem with labor is partly addressed thru PERM. Over the next couple of years the BEC's eliminate the backlog and soon everybody will be in the hunt for the VISA numbers.
The best that can be done now is the fight for more VISA numbers and be able to file for I485 whether a VISA number is available or not or anything that addresses this like
1: increase the overall VISA numbers (McGain && Kennedy)
2: capture unused VISA numbers
3: Cap not being applicable for those with Masters degree in ---- && 3+ years exp before starting the G.C process (Sen. Chuk hagel)
4: Being able to file I-485 even with no VISA number(failed S-1932)
--MC
I have been reading a lot in the other forum and here about the ways to cure retrogression. Lobbying for more Visa's and other things that were part of the S.1932 bill are fine, however these things are not going to solve the retrogression problem even if such a bill gets passed.
No one seems to be talking about the real problem that is Labor Substitution. Abolishing Labor Substitution will itself take care of every retrogression problem.
The INS does not have the right tools to police the misue of this rule. This is resutling in a lot of problems for even those employees whose Labor's get substituted even if they are still working in the same company.
Any effort to reform immigration should start with first reforming the Labor Substitution rule (if not completely abolish).
I know that all the companies/employers and the lawyers community are against removing the Labor substitution, therefore it will never be removed, but atleast it should be reformed so that it can be better policed so that no one is able to misuse it and play with peoples lives. And in turn add to retregression.
Following reforms are needed in Labor Substitution.
- First thing in the Labor Substitution reform is related to the Priority date. The Priority Date for a substituted Labor should the date when the Labor is substituted (or the I-140 filing date). It should not be be the date when the Labor was originally filed. This in itself will solve 90% of the problems related to retrogression.
- When a Labor is substituted it should be verified immediately to find if there is any I-140 or I-485 that is pending based on this Labor. If so then the Labor should be rejected immediately. Currently this is not done at the time the Labor is substituted, therefore the resulting 485 filing just amounts to add up into the backlog of Visa Number requirement, until the priority date becomes current for this 485.
- If an employee invokes the AC21 then that Labor should not be allowed to be substituted.
- There should be a limit to the time until which a Labor can be substituted. This could be debatable and could have other consequences, as the INS could invalidate any GC application that is been pending for more than the this duration.
In short the Labour substitution rule is in a mess and is getting miused a lot. People are getting fooled by the employers, and ultimately its making the retrogression more worse.
neocor
Probably true,
I think the DOL/USCIS(I dont know who) is moving in this direction.
The real problem is the 7% limit per country and the time it takes for one to go thru the 3 steps.
There r several people who have started G.C process several times for different reasons. This slows them (DOL/USCIS) down and remember this is like a chain reaction until u stop applying for a G.C or AC21 kicks in.
Bill Clinton signed some immigration relief for the illegal immigrants just before he left without allocating any resources to process them. Close to 300,000 illegal immigrants filed their labor before Apr 2001. This brought the DOL to a halt and it couldnot recover for 2 years. Finally the BEC's were created to resolve the mess created by the new law. They did not sove the problem but addressed it to some extent. For some it became worse.
In the meantime several VISA numbers went unused because the DOL probably scrutinized the cases more thoroughly and probably there were more rejections by USCIS
The reason why so many people look for loop holes is because of the inordinate delay in the process.
I guess the situation will only become worse unless those who got their labor get to apply for 485 and get portability thru AC21 or dropout altogether.
The problem with labor is partly addressed thru PERM. Over the next couple of years the BEC's eliminate the backlog and soon everybody will be in the hunt for the VISA numbers.
The best that can be done now is the fight for more VISA numbers and be able to file for I485 whether a VISA number is available or not or anything that addresses this like
1: increase the overall VISA numbers (McGain && Kennedy)
2: capture unused VISA numbers
3: Cap not being applicable for those with Masters degree in ---- && 3+ years exp before starting the G.C process (Sen. Chuk hagel)
4: Being able to file I-485 even with no VISA number(failed S-1932)
--MC
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sankap
07-12 11:14 AM
http://www.nytimes.com/2007/06/27/washington/27points.html?ex=1184385600&en=d3301beecf778d15&ei=5070
June 27, 2007
Canada�s Policy on Immigrants Brings Backlog
By CHRISTOPHER MASON and JULIA PRESTON
TORONTO, June 26 � With an advanced degree in business management from a university in India and impeccable English, Salman Kureishy is precisely the type of foreigner that Canada�s merit-based immigration system was designed to attract.
Yet eight years went by from the time Mr. Kureishy passed his first Canadian immigration test until he moved from India to Canada. Then he had to endure nine months of bureaucratic delays before landing a job in his field in March.
Mr. Kureishy�s experience � and that of Canada�s immigration system � offers a cautionary tale for the United States. Mr. Kureishy came to this country under a system Canada pioneered in the 1960s that favors highly skilled foreigners, by assigning points for education and work experience and accepting those who earn high scores.
A similar point system for the United States is proposed in the immigration bill that bounced back to life on Tuesday, when the Senate reversed a previous stand and brought the bill back to the floor. The vote did not guarantee passage of the bill, which calls for the biggest changes in immigration law in more than 20 years.
The point system has helped Canada compete with the United States and other Western powers for highly educated workers, the most coveted immigrants in high-tech and other cutting-edge industries. But in recent years, immigration lawyers and labor market analysts say, the Canadian system has become an immovable beast, with a backlog of more than 800,000 applications and waits of four years or more.
The system�s bias toward the educated has left some industries crying out for skilled blue-collar workers, especially in western Canada where Alberta�s busy oil fields have generated an economic boom. Studies by the Alberta government show the province could be short by as many as 100,000 workers over the next decade.
In response, some Canadian employers are sidestepping the point system and relying instead on a program initiated in 1998 that allows provincial governments to hand-pick some immigrant workers, and on temporary foreign-worker permits.
�The points system is so inflexible,� said Herman Van Reekum, an immigration consultant in Calgary who helps Alberta employers find workers. �We need low-skill workers and trades workers here, and those people have no hope under the points system.�
Canada accepts about 250,000 immigrants each year, more than doubling the per-capita rate of immigration in the United States, census figures from both countries show. Nearly two-thirds of Canada�s population growth comes from immigrants, according to the 2006 census, compared with the United States, where about 43 percent of the population growth comes from immigration. Approximately half of Canada�s immigrants come through the point system.
Under Canada�s system, 67 points on a 100-point test is a passing score. In addition to education and work experience, aspiring immigrants earn high points for their command of languages and for being between 21 and 49 years old. In the United States, the Senate bill would grant higher points for advanced education, English proficiency and skills in technology and other fields that are in demand. Lower points would be given for the family ties that have been the basic stepping stones of the American immigration system for four decades.
Part of the backlog in Canada can be traced to a provision in the Canadian system that allows highly skilled foreigners to apply to immigrate even if they do not have a job offer. Similarly, the Senate bill would not require merit system applicants to have job offers in the United States, although it would grant additional points to those who do.
Without an employment requirement, Canada has been deluged with applications. In testimony in May before an immigration subcommittee of the United States House of Representatives, Howard Greenberg, an immigration lawyer in Toronto, compared the Canadian system to a bathtub with an open faucet and a clogged drain. �It is not surprising that Canada�s bathtub is overflowing,� Mr. Greenberg said.
Since applications are not screened first by employers, the government bears the burden and cost of assessing them. The system is often slow to evaluate the foreign education credentials and work experience of new immigrants and to direct them toward employers who need their skills, said Jeffrey Reitz, professor of immigration studies at the University of Toronto.
The problem has been acute in regulated professions like medicine, where a professional organization, the Medical Council of Canada, reviews foreign credentials of new immigrants. The group has had difficulty assessing how a degree earned in China or India stacks up against a similar degree from a university in Canada or the United States. Frustrated by delays, some doctors and other highly trained immigrants take jobs outside their fields just to make ends meet.
The sheer size of the Canadian point system, the complexity of its rules and its backlogs make it slow to adjust to shifts in the labor market, like the oil boom in Alberta.
�I am a university professor, and I can barely figure out the points system,� said Don J. DeVoretz, an economics professor at Simon Fraser University in British Columbia who studies immigration systems. �Lawyers have books that are three feet thick explaining the system.�
The rush to develop the oil fields in northern Alberta has attracted oil companies from around the world, unleashing a surge of construction. Contractors say that often the only thing holding them back is a shortage of qualified workers.
Scott Burns, president of Burnco Rock Products in Calgary, a construction materials company with about 1,000 employees, said he had been able to meet his labor needs only by using temporary work permits. Mr. Burns hired 39 Filipinos for jobs in his concrete plants and plans to hire more. He said that many of the temporary workers had critically needed skills, but that they had no hope of immigrating permanently under the federal point system.
�The system is very much broken,� Mr. Burns said.
Mr. Kureishy, the immigrant from India, said he was drawn to Canada late in his career by its open society and what appeared to be strong interest in his professional abilities. But even though he waited eight years to immigrate, the equivalent of a doctoral degree in human resources development that he earned from Xavier Labor Relations Institute in India was not evaluated in Canada until he arrived here. During his first six months, Canadian employers had no formal comparison of his credentials to guide them.
Eventually, Mr. Kureishy, 55, found full-time work in his field, as a program manager assisting foreign professionals at Ryerson University in Toronto. �It was a long process, but I look at myself as fairly resilient,� Mr. Kureishy said.
He criticized Canada as providing little support to immigrants after they arrived.
�If you advertised for professors and one comes over and is driving a taxi,� he said, �that�s a problem.�
Christopher Mason reported from Toronto, and Julia Preston from New York.
June 27, 2007
Canada�s Policy on Immigrants Brings Backlog
By CHRISTOPHER MASON and JULIA PRESTON
TORONTO, June 26 � With an advanced degree in business management from a university in India and impeccable English, Salman Kureishy is precisely the type of foreigner that Canada�s merit-based immigration system was designed to attract.
Yet eight years went by from the time Mr. Kureishy passed his first Canadian immigration test until he moved from India to Canada. Then he had to endure nine months of bureaucratic delays before landing a job in his field in March.
Mr. Kureishy�s experience � and that of Canada�s immigration system � offers a cautionary tale for the United States. Mr. Kureishy came to this country under a system Canada pioneered in the 1960s that favors highly skilled foreigners, by assigning points for education and work experience and accepting those who earn high scores.
A similar point system for the United States is proposed in the immigration bill that bounced back to life on Tuesday, when the Senate reversed a previous stand and brought the bill back to the floor. The vote did not guarantee passage of the bill, which calls for the biggest changes in immigration law in more than 20 years.
The point system has helped Canada compete with the United States and other Western powers for highly educated workers, the most coveted immigrants in high-tech and other cutting-edge industries. But in recent years, immigration lawyers and labor market analysts say, the Canadian system has become an immovable beast, with a backlog of more than 800,000 applications and waits of four years or more.
The system�s bias toward the educated has left some industries crying out for skilled blue-collar workers, especially in western Canada where Alberta�s busy oil fields have generated an economic boom. Studies by the Alberta government show the province could be short by as many as 100,000 workers over the next decade.
In response, some Canadian employers are sidestepping the point system and relying instead on a program initiated in 1998 that allows provincial governments to hand-pick some immigrant workers, and on temporary foreign-worker permits.
�The points system is so inflexible,� said Herman Van Reekum, an immigration consultant in Calgary who helps Alberta employers find workers. �We need low-skill workers and trades workers here, and those people have no hope under the points system.�
Canada accepts about 250,000 immigrants each year, more than doubling the per-capita rate of immigration in the United States, census figures from both countries show. Nearly two-thirds of Canada�s population growth comes from immigrants, according to the 2006 census, compared with the United States, where about 43 percent of the population growth comes from immigration. Approximately half of Canada�s immigrants come through the point system.
Under Canada�s system, 67 points on a 100-point test is a passing score. In addition to education and work experience, aspiring immigrants earn high points for their command of languages and for being between 21 and 49 years old. In the United States, the Senate bill would grant higher points for advanced education, English proficiency and skills in technology and other fields that are in demand. Lower points would be given for the family ties that have been the basic stepping stones of the American immigration system for four decades.
Part of the backlog in Canada can be traced to a provision in the Canadian system that allows highly skilled foreigners to apply to immigrate even if they do not have a job offer. Similarly, the Senate bill would not require merit system applicants to have job offers in the United States, although it would grant additional points to those who do.
Without an employment requirement, Canada has been deluged with applications. In testimony in May before an immigration subcommittee of the United States House of Representatives, Howard Greenberg, an immigration lawyer in Toronto, compared the Canadian system to a bathtub with an open faucet and a clogged drain. �It is not surprising that Canada�s bathtub is overflowing,� Mr. Greenberg said.
Since applications are not screened first by employers, the government bears the burden and cost of assessing them. The system is often slow to evaluate the foreign education credentials and work experience of new immigrants and to direct them toward employers who need their skills, said Jeffrey Reitz, professor of immigration studies at the University of Toronto.
The problem has been acute in regulated professions like medicine, where a professional organization, the Medical Council of Canada, reviews foreign credentials of new immigrants. The group has had difficulty assessing how a degree earned in China or India stacks up against a similar degree from a university in Canada or the United States. Frustrated by delays, some doctors and other highly trained immigrants take jobs outside their fields just to make ends meet.
The sheer size of the Canadian point system, the complexity of its rules and its backlogs make it slow to adjust to shifts in the labor market, like the oil boom in Alberta.
�I am a university professor, and I can barely figure out the points system,� said Don J. DeVoretz, an economics professor at Simon Fraser University in British Columbia who studies immigration systems. �Lawyers have books that are three feet thick explaining the system.�
The rush to develop the oil fields in northern Alberta has attracted oil companies from around the world, unleashing a surge of construction. Contractors say that often the only thing holding them back is a shortage of qualified workers.
Scott Burns, president of Burnco Rock Products in Calgary, a construction materials company with about 1,000 employees, said he had been able to meet his labor needs only by using temporary work permits. Mr. Burns hired 39 Filipinos for jobs in his concrete plants and plans to hire more. He said that many of the temporary workers had critically needed skills, but that they had no hope of immigrating permanently under the federal point system.
�The system is very much broken,� Mr. Burns said.
Mr. Kureishy, the immigrant from India, said he was drawn to Canada late in his career by its open society and what appeared to be strong interest in his professional abilities. But even though he waited eight years to immigrate, the equivalent of a doctoral degree in human resources development that he earned from Xavier Labor Relations Institute in India was not evaluated in Canada until he arrived here. During his first six months, Canadian employers had no formal comparison of his credentials to guide them.
Eventually, Mr. Kureishy, 55, found full-time work in his field, as a program manager assisting foreign professionals at Ryerson University in Toronto. �It was a long process, but I look at myself as fairly resilient,� Mr. Kureishy said.
He criticized Canada as providing little support to immigrants after they arrived.
�If you advertised for professors and one comes over and is driving a taxi,� he said, �that�s a problem.�
Christopher Mason reported from Toronto, and Julia Preston from New York.
more...
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JunRN
02-13 01:22 PM
I don't think removing the per country cap will solve the problem. It will balance retrogression by giving each country equal share of misery while the visa number allocation per year stays the same. It also requires changes in the statute which is almost impossible to happen because the legislators, either Dem. or GOP, will not agree to removing the cap. So let's be realistic.
The best solution is to recapture unused visas from previous years and increase the quota per year.
The best solution is to recapture unused visas from previous years and increase the quota per year.
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chanduv23
08-17 01:26 PM
Most of the Bollywood movies are junk ( vulgar dances etc.) . As more and more people mature in the north, the market for stars like SRK will dwindle. I request everybody to follow classic Bengali/Mallu movies.
Does it matter? People love those movies.
Though we do see quality movies these days. the reason for junk is because the sheer number. They are high and thats why quality movies seem to look like they are few. Bollywood banks a lot on presentation of the movie and thats whjy they need to follow the "formula" which may look funny and absurd.
A lot of American movies are also crap, only few are worth watching.
Just like how everyone wants to code in Java, a lot of people want to get into the film industry and not everyone or everything is like what you want them to be.
What I say is "Lets stop junking things" Lets look at ourselves and see what we have achieved what the starts have not achieved
Does it matter? People love those movies.
Though we do see quality movies these days. the reason for junk is because the sheer number. They are high and thats why quality movies seem to look like they are few. Bollywood banks a lot on presentation of the movie and thats whjy they need to follow the "formula" which may look funny and absurd.
A lot of American movies are also crap, only few are worth watching.
Just like how everyone wants to code in Java, a lot of people want to get into the film industry and not everyone or everything is like what you want them to be.
What I say is "Lets stop junking things" Lets look at ourselves and see what we have achieved what the starts have not achieved
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rajeev_74
09-24 07:04 AM
for people who own or will buy homes ? We could also say that this can come from recapture but only for already or potential home owners...
It could be part of the Bail out package...
It could be part of the Bail out package...
snathan
01-18 12:45 PM
There is no doubt Everyone knows that H1b and GC laws are crazy. For that we need to fight to change the law but should not encourage to violate the law. If USCIS violates law lawsuit should be filed. That is the rightway.
How much you are ready to contribute for the law suit. Dont you have any job. Once you get your GC what are you still doing here. just eating everyone's head. Are you adding value here. Please go away.
How much you are ready to contribute for the law suit. Dont you have any job. Once you get your GC what are you still doing here. just eating everyone's head. Are you adding value here. Please go away.
yvjoshi100
07-10 05:28 PM
Hi,
My appeal against EB2 I140 denial on Chartered Accountant degree issue was recently turned down by AAO. Can I any how contest this decision further without getting my employer involved. They are not interested in pursuing this further. Can I file any type of appeal before BAI or any other court on personal basis ?
Thanks.
My appeal against EB2 I140 denial on Chartered Accountant degree issue was recently turned down by AAO. Can I any how contest this decision further without getting my employer involved. They are not interested in pursuing this further. Can I file any type of appeal before BAI or any other court on personal basis ?
Thanks.
