About nationality discrimination in EB visa allocation and dehumanization of H1B workers. Life, liberty, and the pursuit of happiness. (Formerly MythBuster)
Only 63% of RoW EB GC applicants have a college degree compared to 93% for China and 97% for India. Further, RoW wages are 25% lower.
Yet it is RoW applicants that get EB GCs in a matter of months while Indians and Chinese wait for years and decades thanks to per country quotas.
Cross the border illegally and get an 8-year work permit (EAD) until the next hearing date.
Meanwhile, H-1B families with approved work based immigrant petitions can’t get the same EADs or greencards even after 20 years of H-1B status.
NEW: A Colombian woman who crossed illegally into El Paso, TX & was released into the U.S. was given an ICE check in date in NYC in 2031. Her immigration attorney,
@mkolken
, tells me it’s one of the most shocking things he’s seen in his nearly 30 years of immigration law. (1/2).
H-1Bs get 3-year, limited mobility work status even after working for 20 years in the same job.
But you cross the southern border and make an asylum claim, you get a 5-year unconditional work permit and quickly a greencard.
God this is so big. 5-year EADs for adjustment, asylum, and cancellation applicants will single-handedly save huge amounts of wasted time for everyone involved doing repeated two-year renewals. So much unnecessary make-work when delays are over 2 years.
Congratulations to all of you that are able to file for EB AOS during the coming days.
You've earned every bit of it - after surviving 10-15 years of vetting, insinuation, and discrimination while on H visas. Most of you have US degrees, loved by your employers & local comm. 🇺🇸
APPL, MSFT, AMZN, Salesforce etc. have supported S386 simply because all their foreign hires in the US need to be treated fairly and equally when it comes to immigration. CoB discrimination is immoral.
Only NIAC Iranians, CIS/Fox nativists, and for-profit AILA think otherwise.
You work for 10 years in the US and accrue 40 SS credits, you become eligible for social security benefits.
But you work for 15+ years, accrue 60 SS credits and yet not get a US greencard! The curse of being a H-1B worker from India and the stupidity of country caps.
USCIS collects about $150M to process your GC in 12 months, fails doing so, come next year - retrogresses the dates making you all ineligible to get a GC. Many would call this a Ponzi scheme or bait and switch.
On top of this many paid a premium processing fee with no result.
Our LABOR DAY story:
Half million H1Bs and their families cursed in decades long EB backlog just for being born in large countries like India and China.
We are tech workers, engineers, doctors, pharmacists, financial analysts, professors.
America is our home. 🇺🇸
#S386IsFair
Almost 20 years in the US as a student and H1B worker and had about 10 DLs from multiple states. Every time I go to get my DL renewed or get a new one, I’m a bloody foreigner proving my legal status and good character by means of reams of “current” documentation and Fed databases
There are two streams of people waiting in line for a pathway to citizenship - illegal and legal immigrants.
Imagine Congress wants to provide a definite pathway to citizenship for illegal residents but not for legal residents? In what world is this fair? Why not both?
David Bier has written deeply and passionately for over a decade about immigration and the issues faced by EB immigrants in the US. But for him, many in the Congress and the workers themselves would’ve been ignorant about the extent of unfairness and suffering caused by backlogs.
This Indian AI PhD in EB2 backlog loses his job and may need to self-deport.
If this guy was born in any other country, other than India/China, he would have gotten his green card by this time.
Was emotional last night to see an Indian H1B family hosting a surprise graduation party to a Muscat/Oman PhD family. His wife in tears as they cut the cake.
The Indian host had a US degree and on H1B for 15+ years.
Amidst all the bitterness on
#S386
, a great human story. 🙏
It’s still a mystery why the House provisions related to legal immigration were left out in discussions with Parl. Even more mysterious is why nobody is asking for an explanation. I mean, did House come up with these provisions just for fun?
Dick Durbin is the Stephen Miller of Democratic party. I mean who could have played so well by acting blind to the House provisions 60002-4 as if they never existed. Whoever came up with the House provisions must’ve understood Durbin’s racism but can’t speak up against the monstr
Honest question to immigration lawyers supporting 7% country caps in EB AOS immigration: Shouldn’t you walk the talk by limiting your case revenues to a maximum of 7% from workers from any one country?
B/c right now 50%-70% of your revenues are from workers born in India/China.
@immivoice
@SenRickScott
@ChrisHartline
for 500K backloged families - stuck in decades long EB backlog despite doing everything right - this is no joke. Expect more empathy and better judgment from the honorable Senator and his staffers.
H-1B workers pay $1,500 (initial petition and every extension) in STEM scholarships for US citizens. In addition, going forward, they will be paying $600 fee to fund asylum petitions. That’s billions of dollars of funding.
Yet, keep them in decades long inhuman GC backlog.
#S386
is harsher than Trump's EO on H1B program. S386 will make it impossible for H1B dependent firms to hire more H1Bs. Further, there is new burdensome red tape on labor certification process.
Yet, USTW would still oppose S386 because it grants relief to EB backlog workers.
Laid-off H-1B workers with pending greencard petitions should be allowed to adjust status (AOS) immediately or provided EAD/AP.
These workers were already approved for immigrant visa petition (I-140) and have been waiting indefinitely for a GC number to become available.
USCIS had about 12 mths to process all fee based 200K+ EB AOS petitions they received last Oct/Nov Yet, it appears they did very little to process the extra visa availability this year and now well on track to waste 100K visas. This is a severe blot on Biden admin’s pro-imm cred.
Those complaining about donating to Eagle Act advocacy, are you okay with donating 10K dollars to AILA lawyers and USCIS every two years, all productive years of your life, and later self-deport? Or how about wasting money in lawsuits challenging GC wastage and improper denials?
24% of ROW EB 2/3 applicants don't have a college degree and have wages below $40k. Here's the full picture of educational qualifications and wages for 2018.
57% of 1.1M international students are from China and India. More so in STEM. Curious why no AILA lawyers are asking for 7% country caps? Isn't diversity in student population not important?
The fact is half the RoW workers benefiting from caps don't have college degrees, make far lower wages, and have higher denial rates on PERM applications.
When they say they are'll PhDs and scientists, that is total fiction. RoW grad students are a tiny fraction at most US univs
When people talk about “merit-based immigration”, they aren’t talking about replacements for Americans laid off at Disney. They mean All of Us. We are graduate students doing research in top ranked US Institutions. Read our letter in Miami Herald.
@SenRickScott
@ChrisHartline
Imagine a bunch of Iranian students led by a couple of rogue lobbyists heading up to the IL Senator and misrepresenting:
- there're not enough visa numbers for "5M" in EB backlog
- All EB- 1/2/3 backloggers are "H1B outsourcers"
- all RoW workers are "PhDs" and not meat packers
Most American don’t know that the US discriminates foreign workers based on where they came from.
Consider this: Twitter hired two H-1B workers in 2012. One from Britain already became a US citizen, while the other from India is still on H-1B visa and got laid off few days ago.
About 20 years ago I came to this country as a grad student and yet to receive my green card despite being approved 10 years ago. About 22M people received *after* me.
One vile Senator from IL again reportedly denying any relief for backlogged legal workers in recon bill.
Ten years ago, I was approved for a greencard which I haven’t still received to this date because I was born in India. 10 million people who applied *after* I did have theirs… I think American’s mouthing their exceptionalism on this can shove it.
No, Indians are by no means flodding US immigration.
In 2019, only about 1.15% of US population is Indian American.
In 2018, only about 5.5% of 1.18M US greencards went to Indians.
In contrast, there are many more European, Mexican, and Chinese origin people in the US.
DOS/USCIS strategy to waste 100K green cards this year despite a huge backlog of EB workers waiting for AOS.
Tell me why is this not racism and what in law sanctions this kind of wastage of GCs year after year.
Brutal retrogression for EB India this morning.
@USCIS
wasted 80k green cards in FY2021, got another huge rollover this year, and DOS already signals they don’t think USCIS can handle FY2022…
Senator Durbin not yet releasing the recapture/backlog provisions for Parl review is vile and unethical. It’s a shame that he is not being called out and asked to do the right thing.
My wife recently celebrated her 10 year a/v at an Amer. healthcare firm working as SE. She's won numerous awards, promotions, and is highly valued.
Had about 6 ext./amend., 4 visa interviews, 1 LCA/I140 on H1B status.
High time folks like her are approved for LPR status.
#S386
USCIS processed 303K FB vs. 108K EB to date this FY.
Most FB visas related to marriage and immediate relatives are cap free and not time-sensitive. Yet FB prioritized over cap subject, expiry dated EB visas.
The original S386 was tweaked several times to benefit non-backlogged countries and allay the concerns of nativists.
It wasn’t backlogged workers that asked for EAD or H1B restrictions or quotas for nurses.
Despite this, they come back to square one and want the bill scrapped.
EB2 India retrogressed to 10/08/11. EB3 remains in 2012. Very soon EB1 will retrogress to prioritize RoW petitions.
If USCIS had complied with PDs and visa bulletins, India dates would have been 1-3 years forward.
Support to remove this discrimination.
US gov “retrogressed” the India EB2 immigrant visa availability dates backwards to 2012, so that German, Iranian, Taiwanese etc. workers that *just* applied (or ‘ll apply in 2023) will continue to ‘ve zero wait times in the new year.
You hate them so much.. why not send them bk?
EB demand from ROW is about 30% of total and yet gets about 80% of all available EB visas each year. This is a textbook case of stupidity and discrimination.
Thank you
@David_J_Bier
for this analysis.
Immigration lawyers are demanding more kindness and civility from backlogged EB families in severe distress. Would they advise the same to
#BLMprotest
and
#dacadreamers
?
Request Indian origin faculty, grad students, and research scholars at US universities to expose this Iranian led propaganda to stop S386/HR1044 bill that brings fairness to visa allocation.
Meet your university officials and tell them why is this important.
@immivoice
@SIIA_US
Last day of 2021 FY and USCIS is on track to waste at least 80K EB greencards, while about 500K H-1B workers have been waiting in line for over a decade. WH and courts seem to be okay with it. After all, “they’re bloody foreigners”.
At this rate another 100K wastage in 2022 FY.
@SenRickScott
@MiamiHerald
@SenRickScott
Per DOL, India and China only gets 12% of total 1.1M US greencards. Employment based immigration is only a tiny portion of US immigration. Your emphasis on need for artificial diversity in EB goes against the markets needs of US economy.
Ketaki Desai is a winner of $1M Hult Global Case Challenge and has lived in the US for 18 years.
She is a graduate of Carnegie Mellon and isn't a tech worker either to be commonly despised and kicked out.
Thanks to national origin discrimination, her family now quits US.
Sad to see even well meaning people suggesting that H-1B families that are in the country for over 10-15 years can choose to leave if they don’t like indefinite greencard wait times. This is the response whenever there is a suggestion to end 7th year extension.
USCIS can simple assign visa numbers to all current EB AOS applicants - at least for those qualifying for interview waiver.
Someone explain how is visa wastage of this magnitude not a criminal act when approved immigrant workers face a 100 year backlog while working in the US?
About 300K EB1 and EB2 professionals in decades long EB backlog - all with PhDs/Masters/Medical degrees in professions as varied as Tech/Engineering/Health Care/Finance/Univ Profs.
@SenatorDurbin
you have no way to rationalize this discrimination and under the pretext of ICCs.
.
@SenMikeLee
& I agreed on an improved version of the Fairness for High Skilled Immigrants Act that includes key reforms I advocated for to protect immigrant workers & children stuck in the green card backlog.
@SenRickScott
objected. You can watch the full exchange here:
More skilled immigrants leaving every day and abandoning their American dream. They take back with them billions of dollars and American kids.
But nativists winning!
USCIS collected about $300M in fees last Oct/Nov from employment based AOS petitions that it expected to process in FY2021.
According to Charlie Oppenheim, a vast number of 265K annual cap may not be utilized due to lack of capacity. Wasting GCs is cruelty.
Tired of Iranian students telling me how hiring them and giving instant GCs would be a better deal for American workers instead of giving them to Indian workers.
That’s very convincing. Let’s ask American employers to hire Iranians and not Indians.
AILA stand on Eagle Act: Backlog is okay for India and China but not for other countries. Which is why AILA doesn’t support this bill.
Please ask your favorite AILA lawyers how is this acceptable.
Congress should end this terrible H1B program immediately. There is absolutely no need for 85K H1B visas when US awards 140K GCs each year to foreign workers.
Employers should be able to source their talent via EB GCs.
H1B program is one of the greatest humanitarian disaster.
@NPR
@confuciuswsj
H1B is a horrible way to hire foreign workers. It is immoral and it should end. Employers should instead use the employment based greencard program that is capped at 140K visas per year.
It’s funny and tragic at the same time that the burden of increased asylum processing costs are to be borne by totally unrelated work visa programs.
What has American generosity for asylum seekers to do with unrelated work visa categories? Why can’t the US fund its generosity?
Twitter/Stripe layoffs can be especially painful to H-1B workers in greencard backlog that have patiently waited for their turn in line for over 10 years.
Now they got to start all over or leave the country in 60 days.
610 of 2,471 (25%) international students and 29% of grad intl. students at Carnegie Mellon are from India.
- With
#S386
the GC wait time for all the 2K odd students will be the SAME
- Without
#S386
the wait time for Indian students is >100 years, while it is <6 months for Iran
AILA Annual Revenues from H1B Workers:
New filings:
200,000 x $2500 = $500,000,000
Extensions:
500,000 x 0.5 x $2500 = $625,000,000
RFEs:
200,000 x $2500 = $500,000,000
PERM/I140/I485:
50,000 x $5000 = $250,000,000
Grand Total: $1.875 Billion per year.
"H1B Abuse" is a code word that Iranian lobbyists use to preserve their unfettered access to EB GCs.
Many in the backlog, including me, have worked on H1B visas since 2005, have US degrees and L4 wages. During this time multiple US agencies have vetted us atleast a *dozen* times
@SriGaussian
@LilySAxelrod
The H1B abuse not only causes the long backlog for Indians, but also causes the pain for American tech workers and the international students including those from India. So stopping the abuse first, be fair in H1B, and then we can talk about fairness in downstream EB system.
The EB2 greencard backlog includes several thousand PhDs, doctors, dentists, scientists etc. working in the US, condemned to decades of waiting solely for being born in India or China via country caps. This is modern day racism.
And there it is-Retrogression! USCIS seemed to have mastered the art of retrogression while it chews on applications from past yr which had thousands eligible for filing or final action dates!! Yet, nothing!!
@UrJaddou
@AliMayorkas
thoughts? (screenshot from
@SIIA_US
)
Classic Neil Munro. US laws allow transfer of unsued FB immigrant visas to EB category and Mr Munro callously calls it a "giveaway" to those working on H visas for 10-15 years. Disgusting.
This swamp giveaway is more important than the DACA theater.
It would shut 100Ks of US grads out of their careers, raise the inflow of CPT/OPT/illegal white-collars & help flatline white-collar wages.
Maybe it should get some estb. media coverage?
#h1b
No talk of 7% country caps for DACA/TPS GC pathways for the simple reason that these are long time residents of the country.
Similarly, it doesn’t make any sense to impose country caps on approved employment based workers already in the country for 10-20 years. Commonsense.
Greencard wait times for new EB2 NIW PhDs:
- India: 195 years
- China: 18 years
- Taiwan, HK: 0 years
- Others: 0 years
NIWs don’t need a job offer/sponsorship/PERM filing. The new NIW premium processing will further spike the PhD demand from RoW.
Source: CRS (2020)
Small things like premium processing, timely extensions, DL renewal, H4 EAD etc. are things of great joy in the world of EB backlog, immersed in a 100 year time travel for a US greencard.
AILA lawyers should stop proposing increasing H-1B cap with out proportional increase in EB greencard allocations and removing place of birth caps. It’s already a humanitarian disaster large enough EB backlogs have created. If anything, shutdown the H-1B program entirely.
Annual greencard quotas are time sensitive - use it or lose it. Surprisingly, USCIS is allowed take over 12 months to process I485 petitions. The result is a sure shot wastage of 100K visas this year.
Please ask the new USCIS director
@UrJaddou
to stop wastage.
The current work based greencard allocation highly favors RoW, making better paid Indian/Chinese workers wait longer while already in the US.
The annual EB GC demand is 45% (India), 12% (China), and 43% (RoW). The actual GCs delivered are: ~15% (India), ~10% (China), 75% (RoW).
I am a statistician, my neighbor is a physician, and my cousin is a top coder at Microsoft. Yet we are all “rudimentary IT workers” not going to get a Nobel as per the nativist USTW org! Good reasons to discard H-1B workers in greencard backlog.
US approves humanitarian IVs free of country caps and category caps.
If asylum, DACA, TPS beneficiaries are fit for humanitarian visas, so are EB backlogged families that have lived in the country for 10-20 years.
Remove caps for legal families that have lived in US for 10+ yrs
Canada has a varying hard cap on employment based greencards that’s filled by a sliding cutoff score each year. They have no country caps and yet achieve a good mix of all nationalities.
Yet, phony pundits want us to believe the US somehow needs country caps.
This Indian origin startup based out of SFO employs 400 employees.
If Krikorian and other nativists had their way, this guy would have left US after his graduation from UCLA.
Amusing to see pundits “lamenting” H-1B brain drain to Canada while promoting policies making H-1B life miserable for workers already in the US!
If you guys are sincere just ask the question why most H-1Bs are not allowed a greencard despite a decade of working in the US.
Senior Senator
@SenatorDurbin
from IL, should exercise the courage to come out and explain why he supports or does not support UC for
#S386
.
Presently he is the only blocking the bill that has 35 cosponsors in Senate. The House bill HR1044 already passed 365-65.
@ShadesOfBlueAn1
@MaraRhymesSarah
@David_J_Bier
@SenatorDurbin
I just called
@SenatorDurbin
, I was told by staffer that he does not have an update. He is neither negotiating nor coming to the table to negotiate. His path is "My Way or the Highway". This means he wants my US Citizen kids to get thrown out of US just because they are brown.
Dhivya Suryadevara becomes the new CFO of Stripe leaving her iconic career at GM.
Did she "replace" another American too at this time of high unemployment?
Economic Impact of Unresolved EB Backlog
1. Relocation to India, China or Canada. With household savings ranging from $250K to $5M, the loss in capital is expected to be over $250B.
$500K savings x 500K families = $250B
1000s of Indian families have already relocated.
If there is no real pathway to permanent residency or citizenship, Congress should shutdown the H1B program or not accept GC petitions from H1Bs. Currently, this is the case for H1Bs from India and China. Country caps, make it impossible for them to become LPRs.
Many problems related to legal immigration can be solved if the rules allowed regular voting on bills rather than UC - Senate particularly.
Nobody really thinks doctors or college profs need to wait more than 10 years to get GC. Yet, a bill to address it will not be put to vote.
@ColumbiaISSO
May be Columbia Univ should impose the 7% country caps as well so that the same kind of EB diversity is reflected in your students and faculty.
When I was a grad student 15 years ago, I knew nothing about greencards or H1B visas. I worked as a student and then as a H1B for well over a decade, waiting for my turn in the GC line.
Contrast this with Iranian students that have started their activism day-1 for instant GCs.
If you’re an US educated engineer or doctor from UK/Iran, you don’t need to win H-1B visa lottery. You can get an instant greencard as a student worker on OPT.
Folks innocently ask why 60% of H-1B initial approvals are from India, calling it abuse.
80% of work based greencards are awarded to 30% of petitions (all from ROW). Only 20% go to India/China despite contributing 70% of workers, making them wait for 20-100 years on H-1B status.
This is not diversity. This is discrimination.
EB demand from ROW is about 30% of total and yet gets about 80% of all available EB visas each year. This is a textbook case of stupidity and discrimination.
Thank you
@David_J_Bier
for this analysis.
Big employers like Amazon, IBM, Google should do the H1B paperwork in-house and not hire law firms. There is absolutely no need for external law firms doing the routine form filling and enrich them only to take unethical stand against H1Bs. This perverse incentive should stop.
Nobody should have to wait more than 10 years in employment based GC backlog, all the while being an exemplary law abiding, tax paying legal resident. This is a common sense fix that Congress has to act on now.
Musk will be surprised to learn that hundreds of his H-1B engineers in the country for 10+ years haven’t yet been approved for an US greencard due to hard caps. If Musk fires them, they should pack up and leave.
@stillgray
I think we should significantly increase legal immigration.
If someone has a track record of working hard and hasn’t committed crimes, they should be welcomed.
H1B visas, PhD and Master’s programs, medical doctor residencies, OPT - none have 7% country caps.
It is illogical to not impose caps on dominant sources of talent but impose them on EB immigrant visas.
#S386EliminatesDiscrimination
All the pundits that declared H-1Bs are *not* indentured are now busy lamenting H-1B workers’ inability to quit Twitter despite all their colleagues leaving in disgust of Musk’s tyranny.
Pundits really were defending the utility and expanding the H-1B program.
A Kenyan H1B working for an ICC argues it would be scandalous to make her wait for a EB greencard post S386.
And it is not scandalous that thousands of Indian MDs, PhDs, Google engineers, etc. have already waited for over 10 years on H1B visas while waiting for their turn.
@USCISDirector
Director, let me respectfully remind that last year USCIS wasted over 50K greencards for STEM professionals, keeping their 100 year wait times intact. Also, 1000s of H4 women professionals had to quit jobs due to EAD renewal delays.
This is a criminal wastage of EB visas by Biden administration when about 500K EB families in the US have been languishing for visa availability for over a decade.
Myth: Iranian GC applicants are all PhDs and Doctors.
Fact: 33% of Iranian GC applicants in 2018 did NOT have a college degree. Had wages below the ROW and 37% lower than Indian applicants. Only 200 applicants had a PhD and had wages lower than ROW PhDs.
EB greencard annual limits are time sensitive - they expire at the end of the year. USCIS should ensure these are processed within 12 months of receiving the fully fee funded I485 petition. There is no reason that they should take any longer in a post-pandemic year.
The final outcome of the BR will me a litmus test for Senator Durbin and AILA vis-a-vis their stand on immigration from India - whether they selectively want to hurt Indian immigrants. Never did we come this close to addressing unjust caps on AOS for skilled immigrants.
Q. 7% cap applies to all countries. Why does only India have the backlog?
A. China EB2 too has 18 year backlog in 2020, per CRS report.
If every country is imposed a cap at 1/3rd its global population share, at least 30 countries will have severe backlog.
There is absolutely no science in 7% EB country cap.
- Supporters argue it promotes diversity in green cards.
- Supporters happen to be from small countries such as Iran with 1% of global pop
- In 2019, Iran got 2,091 EB2 visas or 5.2% of total
- India got 2,908 or 7.3% of total
@marcomendicino
Is it fair that other applicants are receiving their OPR in just one month but I have to wait 9months?
260 Days ago l submitted my study permit application.
I have'nt received AIP yet, and No decision has been made on my application! No one even answer my webforms!
Hard to understand why Senator Durbin wants country caps for 500K legal employment based approved workers and not for 13M undocumented immigrants. Some call him a r
@cist
for the same reason.
When there will be no per-country limit on 13 million undocumented in the Budget Reconciliation bill, why does Senator Durbin REFUSE to remove racist per-country limits affecting Indian immigrants? 3/3
The current EB visa allocation is totally irrational and goes against the market economy principles that the US is built upon and admired.
Look at this analysis on occupational fulfillment of EB visas.
@SenRickScott
@MiamiHerald
@SenRickScott
The current country cap limits pervertly skew the allocation of employment based GCs to low wage, low demand occupations such as hospitality, while severely restricting allocation to high wage, high demand occupations such as engineering and healthcare.