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This would reduce the number of EB-2 and EB-3 visas available per year. Unused EB-5 visas spill over to EB-1, EB-1 to EB-2, EB-2 to EB-3. You are proposing to t
by briansmith 17y ago
This would reduce the number of EB-2 and EB-3 visas available per year. Unused EB-5 visas spill over to EB-1, EB-1 to EB-2, EB-2 to EB-3. You are proposing to take the EB-5 spillover and give it to a group of people hand-picked by investors. That means little to know spillover from EB-5 -> EB-3. EB-3 applications will wait longer, and fewer of them will get their green cards every year.
- davemc500hats 17y agoagain, i don't believe you're correct. i'm not aware that existing surplus unused EB-5 visas are used to "help" fill the backlog of EB-2 and EB-3 visas. there appears to be some surplus calculations going on between EB-1, 2, & 3 visas based on EB-1 priorities. i could be wrong; again i'm not an immigration lawyer. that said, it could be argued there is some priority for immigrants who are helping to create jobs over those who are not. i'm not suggesting that position be used to set priorities in allocating visas, but it's not necessarily unfair that the backlog of some group visas has higher or lower priority than others. it seems that you have a particular issue with your friend's visa being in backlog and not being approved, and that this is coloring your perspective on all other types of visas. while i have sympathy for your situation, this is not a rational perspective from which to make an argument for prioritization of visas, imho.
- briansmith 17y agoI agree that some groups need to have higher prioritization. That is what EB-1 and EB-2 are for. I disagree that the "EB-6" people should be prioritized higher than the EB-3 people. Also, I think you didn't consider the backlog problem with EB-6. If EB-6 was added, lots of people would immediately begin the process of becoming qualified investors, and lots of EB-3 workers would start the EB-6 process. Then the EB-6s would get exhausted very quickly and a backlog would start, even if they were given a queue separate from EB-3. That is exactly because EB-6 would be so much easier than EB-1, EB-2, and EB-5 to qualify for. Even if my friend's EB-3 petition wasn't backlogged, I would still object to the idea that rich investors can hand-pick immigrants that they think will make them money, and practically just hand them permanent residency. If you were advocating a new temporary visa program for these people I'd be a lot more supportive of it. But, they don't deserve permanent residency more than the people already waiting in the various lines.
- davemc500hats 17y agoyou may disagree whether EB-6's are higher priority than EB-3's, but it's not an irrational perspective... giving preference to people who create jobs is a reasonable point to argue. you're in your rights to have a different opinion, but it's not an unreasonable position to argue. you act as if that's unethical, but it's more based on job creation in the US than for VCs to get rich. (there are plenty of other ways for VCs to get rich, and this isn't some nefarious angle we're pushing )