Trump's Merit Plan for Citizenship - Comments

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That means people with age 45 or above waiting in line more then years needs to pack up their bags if this passed.

This is a such an obvious play and a ploy for Asian and Hispanic votes for the elections,that should not be taken any serious.

As long as his immigration guy Stephen Miller is in white house, he will let anything pass through that favors immigrants.

Don’t keep any hopes high on this. If they really want to help, they had lot of chances to do in past 3.5 years instead of last 3 months before an election.

They enacted one of most strictest legal immigration laws going after every visa category in the past 3.5 years all due to Stephen Miller and then suddenly change mind in last 90 days.

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Merit based system has extra points for experience in country like Canada has it Australia has it (if I am not wrong).

Until this is a part of the proposed US plan, people with 32+ plus whose spouse is not working and people with 35 plus whose spouse is working find it difficult to get gc.

It’s all speculation
His idea of merit based mayb entirely different- he mentioned wage levels as the criteria earlier

In short I don’t think he is gonna copy Canada or Australia
His intention are more to block legal immigration not enable it.

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I think we can easily clear this merit based if we studied in usa based on Canada’s immigration system.

Because extra points for studying here and work experience also in usa.

Yes there is extra point for experience but your points for age will be zero for Canada and for Australia they don’t even consider above 45 so let’s see what US will do.

I seriously think that eb2 and eb3 can be in trouble.

This is very bad for people with approved i140 petition.

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merit based for DACA … most children are just high school pass based on recent study. So maybe they might define a path so tight tht no one from DACA will even qualify :blush:

Nothing major is going to happen until next election. He can’t create a new immigration system by and EO.

This has to come from congress and with divided congress and covid pandemic no one is going to touch this hot potato before election.

All he can do via EO, he is already doing it.

Employment visa system ces from bills passed by congress. He can temporarily block or adjust them in the name of national security or public safety but can’t change the laws

Dems are not going to hand him a major victory with a bipartisan bill just before congress even if they get evething they want to.

Washington is all about politics.

Years ago he had a bipartisan deal around DACA with dems giving him money for his wall but he backed out at the last moment under pressure from right wing anti immigration people in the Media.

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If Canada’s or Australian merit-based system or a similar one if implemented in the USA, then it will be disastrous for Indians awaiting GC in EB-2 and EB-3 especially 2009-2014/15 Priority dates.

In most merit-based programs, Age plays a crucial and very factor and everyone above 35’s will have disadvantages, and singles in the mid-'20s with an advanced degree will be preferred.

In short, people with priority dates after 2015 will have an advantage over 2009 dates…Kind of retrogression

In my opinion, I dont think democrats will support him in any immigration bill, like DACA, right before the election.

Democrats will use DACA as a weapon for coming election and they want to take a full credit for that. Although democrats wants DACA issue to be resolved, they don’t want that to be done while Trump is in the office.

Trump is bringing back his previous election’s immigration plan again to attract voters.

While I understand we don’t know the exact details of this EO, I have a question that may impact my future, so need your opinion on it-

I am in the process of transferring to a new employer B. I already have an approved I-140 (PD: 10/2018) with my current employer A.

Q1: When I transfer to new employer B, what happens to my already approved I-140 with employer A? Is it revoked, deemed invalid/not usuable even if not revoked?

Q2: I have good relation with my current employer A, and I may be able to convince them to not revoke I-140 even after I leave. Is that legally allowed?

Q3: If as per EO, anyone with approved I-140 gets a GC or is eligible to file for GC would I need to wait for new I-140 through employer B to pass or would I be able to use the previous I-140 (if not revoked)?

Q4 (related to Q3): If I were to use (not revoked) I-140, will I need to transfer back my H1 to employer A?

Thanks Anil, this is very detailed! If this comes, what are the chances for this to be applicable for current H1b people in US?

Will this be applicable to all or will be started with new visas?

I think I140 can’t be revoked by employers… Only USCIS can do it if there is an error or fraud…

Also mainly it takes time to have PERM approved. I140s can be done in premium and can be concurrently filed with i485.

Also your employer can file i140 only when you are employed with them.

If McConnell and Trump really wanted S386 could have passed the senate. It did pass the Democrat majority house.

It was because of McConnell 's reluctance that S386 became subject to whims of individual senators and not decided by opinion of the majority.

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Hi sir I wana ask questions, of merit base immigration system come what will happen wth pending petition, I mean who r waiting for interview specially f1,f2,f3,f4
It wil extend their visa time
Thanks

someone built a calculator on 30togc based on a senate bill that trump is going to base his merit based system.

one would need 30 points to be eligible. based on the calculator not every one in h1b is going to be benefit from it. it will be beneficial only if the EO has additional points for i140 approval.

If they use the parameter of state median household income, then the applicants from DC and NJ will be affected the most. Because the median household income in these states is 84k and 81k respectively.
And I assume, if this comes to fruition, then there will definitely be some kind of income based points.
Per the failed raise act, people need a minimum of 1.5x the median household income to get any points.

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Hello Sir Greetings

Regarding MERIT BASED IMMIGRATION.

I am writing to you about adverse after affects of Merit based immigration rules (expected to be effected in 2nd week of Aug 2020) on some sectors / branches where the sector wise salaries are inherently less as compared to Computer / IT sector salaries.

I am basing my point on the basis that expected ruling will be more or less similar to RAISE Act proposed in 2017.

In ‘Wage Level factor’ of RAISE Act, USCIS is proposing to give 5, 8 & 13 marks based on salary which is 1.5 to 2 times, 2 to 3 times, 3 times & above respectively of MEDIAN HOUSEHOLD SALARY OF THE APPLYING STATE.

Now here the actual problem will get introduced in new proposal. I will explain here.

Wage Level factor is kept as a function of ONLY median household income of applying state but not as a function of Specialist Branch in which the person has studied/working.

This is going to affect branches like Civil, Environmental, Mechanical, Metallurgy engineering etc where the salaries are in the range of only $ 55000-$75000 for 1-3 years of employment.

Now median household salary in most of the US states is between $ 55000-$65000.

If we do the maths on this, these branch persons will never reach to even 5 marks in Wage Level factor. So they wont reach the 30 marks required for applying for GC which ultimately means all of these above named branch persons will be always out of queue of GC.

PARA 2

My plea is based on the process of H1B petition filing. In that, LCA approval by DOL is based on these two factors

  1. Specialist Branch
  2. Wage levels of particular county where the person is working.

This is very balanced way of assessment of persons standing in the Tech market.

Similarly the new 2020 proposal should also include Specialist Branch along with salary levels.

Otherwise only few sectors (Computer, IT, Electronic etc) where the salaries are higher inherently, will get GC and others branches will be washed off from this privilege.

Hope the grim concern of mine is understood.

SOLUTION

This technical point needs to be apprised to the authorities who are in the process of drafting the new proposals through you and other attorneys and lobbying groups.

We need to move fast so that our concern is heard before the proposal is announced & damage is done and that scenario will be difficult to be retrieved.

PS . Please do let me know if and how do you propose to transmit this to White House.

Thanks and Regards

Canadian system places high emphasis Canadian work experience and job offer. Anyone with a job offer or 1 year or more of Canadian work experience gets 200 points which makes it pretty easy to sail through the PR process. It seems like US points system has been designed to keep people out by not emphasizing on any specific area but spreading the points over wide variety of area so that very few people can actually muster enough points. It makes sense to check for language proficiency before you enter a country as an immigrant not after you’ve lived and worked there for years. Similarly people working here for years will lose out on age to newcomers in their 20s.