EB Country Cap - Congressional Research Service (CRS) Reviews on 12/21/2018

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https://crsreports.congress.gov/product/pdf/R/R45447

 

12/27/2018: Congressional Research Service (CRS) Reviews on 12/21/2018 Statistics and and Issues Involving Employment-Based Permanent Immigration Per-Country Ceiling

• This CRS provides the statistics, particularly those involved statistics affected by per country ceiting of employment-based immigration under the current INA and provides pro and con reviews. We encourage out readers to review this report during the end of the year holidays!

Source : immigration-law.com

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Anticipated Outcomes :

Many observers are interested in how revising the per-country ceiling would affect future flows of employment-based immigrants. Estimating such impacts are challenging for a number of reasons, including the complex accounting among the six pools of petitions and applications.

If Congress eliminated the per-country ceiling for employment-based immigrants, many expect that Indian and Chinese nationals would dominate the flow of new employment-based LPRs for as many years as needed to clear out the accumulated queue of prospective immigrants from those countries. This queue would include those with approved employment-based immigrant petitions who are waiting to file either a visa application with DOS or an adjustment of status application with USCIS (i.e., the third and fourth pools discussed above in “Pools of Prospective Employment-Based LPRs.”) As noted above, the “Yoder Amendment,” which was introduced during the 115th Congress and which would eliminate the per-country ceiling for all employment-based preference categories, illustrates what kind of impacts might be expected.65 The amendment would phase out the ceiling over four years.

In the first year, a single country could use 85% of all visa numbers in a preference category with the remaining 15% still subject to the 7% per-country ceiling. Thus for the 1st, 2nd, and 3rd preference categories, each of which account for 40,040 visa numbers under the current system, this would amount to 34,034 visa numbers (40,040 x 0.85) for each of the first three preference categories in the first year after enactment. That percentage would increase to 90% for the second and third years (36,036 visa numbers), and reach 100% in the fourth and subsequent years.

To illustrate this further, consider the 3rd employment-based preference category. Data presented above for the third and fourth pools in “Pools of Prospective Employment-Based LPRs” yield an estimated 170,000 principal and derivative immigrants from India, China, and the Philippines who were waiting for LPR status in 2018.66 Given the parameters of the Yoder Amendment, one could estimate that roughly four to five years would be required to eliminate this queue of prospective 3rd preference employment-based immigrants.67 Other outcomes may also result from eliminating the per-country ceiling, apart from reducing certain queues of prospective immigrants more quickly, and removing the perceived employer incentive to choose nationals from these countries over other countries. For example, shorter wait times for LPR status might actually incentivize greater numbers of nationals from India, China, and the Philippines to seek employment-based LPR status. If that were to occur, the reduction in the number of approved petitions pending might be short-lived. In addition, absent a per-country

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3 minutes ago, Pichekkistha said:

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