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Bill H.R.5921 introduced to eliminate per country visa limits
I respectfully don't agree with lumping Ph.d's and Bachelor's in the same immigration category at all even though I am not a phd holder. This is just not fair to them.
There should always be a per country quota (to ensure cultural diversity). However, if there are unused visas for one country, then it should be used towards other countries (depending upon the demand ratio) where demand exceeds supply. This is to ensure that all 140K visas get used up every year.
This is fair share logic and I am sure all of us have read it at some point in our lives.
I agree with you. I think there should be a separate category for PhDs (I am one), because through PhD one demonstrates mastery of a specific field of study and that one is driven and capable enough to conduct original research in that field of study. Having a Ph.D. also means you were good at academics for a long period of time -- which speaks for your tenacity and perseverance. We need more Thomas Edisons, not more software-writing drones. Having said that, the general perception of NSC is that they are hostile to EB1 applications; many of my friends (including professors) have told me that they decided to apply under EB2 (like I did) to be "safe". This perception may be deserved, but that has to go.
I think it is very easy to game the EB1/EB2 system, if you have a good lawyer or take the time to do comprehensive research. For a lot of us, having a Green Card is an assurance of the stability of our families. The H1 system is being abused -- I know many, many persons who have H1 visas but really shouldn't. I estimate that about 20% of H1 visas are awarded based on fraudulent information and exploitation is rife.
Being from one of these backlogged countries results in your suffering from discrimination at work. They know you're waiting for AOS (and this is after many years in Labor -- I'm talking about applications from 2002, 2003, 2004) and get passed over for juicy projects and promotions. You're underpaid when on H1B. It is unfair if Indians and Chinese are the ones who suffer from these far more predominantly than others. After all, India and China together make up 1/3rd of the world population and maybe 50% of college graduates, so 7% is restrictive -- a fairer estimate would allot % based on population but weight it out so countries like St. Kitts & Nevis don't get completely marginalized. EB applications are skill-based, but I am all for a good mechanism of diversity.
There is the argument about "if you don't like it, go back" but that's disingenuous -- why shouldn't the current immigration system in US become smarter? Why don't they hire some people with, say 15 years in software development to weed out less-than-worthy applicants?
The problem we are seeing now occurred because
1) It used to take a long time in Labor Cert process, and once you got through that, the rest moved fast. Now that the PERM process is so quick, the pipe is clogged.
2) Number of H1B was hiked to 210,000 during the dot-com rush, which increased the pool of applicants
3) Available visa numbers were wasted
The system is being gamed with many H1 holders being hired because they are paid less, and are less likely to change jobs. Business don't care about country quota, they only want more needy but hard-working drones. It's the sad reality.
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