Happy that S. 386 has finally passed in the Senate and we're a step closer to ending nationality discrimination in the visa allocation system. 1
However, there are significant differences with the House version that need to be negotiated (including a China provision that is going to be viewed as controversial unless clarified). 2
President-elect Biden also needs to use executive actions to address the backlogs and has options available to him that will ensure there are NO backlogs for anyone with or without country caps. 3
Given the late stage here, I would suggest people temper their expectations. Not at all clear what the House thinks about this and how much room there is to tweak if there are changes demanded. Also, we have a President likely to veto anything that is not 100% to his liking. 4
This is the language that's in question.

"The Secretary of Homeland Security shall not admit to the United States, or adjust status of, any alien affiliated with the military forces of the People’s Republic of China or the Chinese Communist Party..." 5
I've seen people saying this covers most Chinese which I doubt & it speaks to the present tense so if one is no longer in the military and resigns party membership, it would seem to not apply. But I agree that we need clarification from Senators Lee and Durbin what's intended. 6
I haven't heard about this provision until this evening and know nothing about its history. So I can't really speak to what the bill sponsors had in mind. 7
Here's the bill language. dropbox.com/s/x59mya8qfmz9…

8

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More from @gsiskind

29 Oct
Everyone who cares about immigration law and policy needs to read @crampell's superb piece. - Trump didn’t build his border wall with steel. He built it out of paper. washingtonpost.com/opinions/2020/…
It is not an easy read. But it does the job of laying out just how broad the problems created by Trump are. In order to really fix things, it's necessary to thoroughly understand what has happened. If Team Biden wins, they have a hell of a lot of work to do.
The immigration advocacy community has got to fight just as hard to get a new Administration to comprehensively address the problems. Some of that will be to address the hundreds of changes at the agencies and work on building a pro-immigration culture at the various agencies.
Read 12 tweets
27 Oct
About to listen to arguments in the 4th Circuit in HIAS v. Trump, an appeal by DOJ of a court order preventing the implementation of Trump's executive order forbidding refugee resettlement unless states and localities have both opted in to the refugee resettlement program.
I wonder if the DOJ lawyers on all these horrible anti-refugee cases really are ok with the evil impact of the stuff they're defending or they are just treating it as doing their job?
A judge is pointing out that the order has an absurd unworkable construct. That doesn't sound good for the government.
Read 12 tweets
10 Oct
I learned today about a disturbing side effect of the new DOL H-1B wage rules. And it could have a dramatic effect on the American health care system I hadn't previously considered. 1
Because physician salaries are now so elevated under the new rule, DOL has shifted to a national default wage for all H-1B doctors and those seeking green cards - $208,000 per year. All specialties. All geographic areas. Doesn't matter if you're right out of med school or not. 2
This plays out in some crazy ways. Medical residents for example. In teaching hospitals across the country, residents are typically paid $50K to $70K per year. The new reg requires they be paid $208K. 3
Read 10 tweets
9 Oct
Some very helpful Twitter followers have pointed out something very odd about the new DOL wage data. Would be very interested in @USDOL explaining. 1
@USDOL My app kept coming up with figures that were wildly different than the new DOL data. I know the tool is not precise, but it should be pretty close. In every case, my converter was showing the new wages to be much lower than what the flcdatacenter.com new wage levels show. 2
@USDOL What did I get wrong? Well, maybe the underlying data changed. The wages rose between July and October. Possible, but seemed odd given the low wage inflation we're seeing. 3
Read 10 tweets
6 Oct
DOL is justifying publishing with no notice and comment and with immediate effective date is because there would be a massive rush to file to beat the new wages from coming into effect. Of course, the H-1B lottery is in March. So most employers couldn't game it. Just BS. 16
DOL believes it meets the APA’s notice and comment and effective date requirements because of the national economic emergency. But Trump said we're in a V-shaped recovery. And @NFAP data shows IT unemployment has been unaffected by COVID. 17
@nfap The government just made these same arguments in NAM v DHS to stop the nonimmigrant bans and a judge laughed them out of court. 18
Read 5 tweets
6 Oct
First, this is a final rule being issued without any opportunity for the public to comment. It is also effective immediately. It also didn't go through review with OMB's Office of Information and Regulatory Affairs which is normally required. This fails rulemaking 101. 2
[Well I already screwed up making this a proper thread. Oh well, not starting over]

It takes 157 pages of citing biased sources and jumping to very faulty logical conclusions to do something I'm going to summarize in a couple of tweets. 3
Current wage levels:

Level 1 - 17th percentile
Level 2 - 34th percentile
Level 3 - 50th percentile
Level 4 - 67th percentile

Level 1 is an entry level job. For example, a doctor just out of residency training or an accountant just out of a bachelors program. 4
Read 13 tweets

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