Numerical effects of EB1C on EB2 backlog

Lets look at calculation and try to understand the numerical effects of EB1C on EB2 backlog. 

Source_1	DHS Year book (therein Table 7)
Link_1	https: //www.dhs.gov/immigration-statistics/yearbook/2017/table7
Data_Point_1	2017 All Countries (EB1) Priority Workers (including Spouse+Children)=41,060

Source_2	State Department Annual Report
Link_2	https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2017AnnualReport/FY17AnnualReport%20-TableV-PartII.pdf
Data_Point_2	2017 INDIA (all EB1) Priority Workers (including Spouse+Children)=13,082

Now Lets look at EB1 A+B+C Numbers from Source_1: 

	EB1A			EB1B			EB1C
	NEWARR	AOS	NEWARR		AOS	NEWARR		AOS	Total
Primary	903	4915	14		2557	60		8494	16943
Spouse	691	3761	11		1956	46		6499	12964
Children	594	3235	9		1683	39		5591	11153
total_eb1_world								41060
total_eb1c_world								20730

Ratio => total_eb1c_world / total_eb1_world = 0.50 

Applying the SAME ratio to 2017 EB1 Numbers for INDIA 

i.e.=> EB1C_INDIA / EB1_INDIA = 0.505 

EB1C_INDIA = 0.50 * EB1_INDIA 

EB1C_INDIA = 0.50 * 13,082 (Data_Point_2) = 6605 

Do Similar calculation using all the year books. 

9 years of aggregated numbers consumed by EB1C = 70,000 green cards. 

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Now looking at PERM Labor filed by INDIA 

(Source OFLC PERM statistics year wise - google ) 

FY2009 11387 (remaining after last bulletin) 

FY2010 28930 

FY2011 31273 

FY2012 30278 

FY2013 20930 

FY2014 35092 

FY2015 45,670 

Based on above, In the absence of EB1C India, EB2 INDIA dates would have easily moved to 2012 as of end of 2018 and would have continuously move (albeit slowly due to increasingly number of PERM labor every year). 

And Since Every passing year PERM numbers have increased and will continue to increase , So argument " getting rid of EB1C is not helpful since there is tooooo much of backlog " is flawed just because, it doesn't take into account time already SPENT in the backlog by people with priority dates from past 9 years, how can we count all backlog in one bucket since 2009 till 2018. 

Backlog can never clear in one shot, it’s a moving train which has been halted by EB1C . 

There are multiple flaws in US Immigration system. EB1C is one of them. 

No other route gives Green card so easily in BULK to under-deserved Employees. 

In the absence of EB1C , Priority dates would move and would have moved and can maintain more or less at an average of 6 years of wait for people with priority date up to 2012 and 10 years for 2013-2017. 

But Due to Abuse of EB1C, EB2/3 dates will NEVER EVER MOVE, regardless. 

- with or without EVC, 

- with or without WITCH EB2/3, 

- with or without F2 OPT / CPT EAD

Now based on 2804+2804 for EB2+EB3 INDIA minimum annual allocation, 

Clearing backlog from 2009 will take 2 years i.e. by 2020 

Clearing backlog from 2010 will take another 6 years i.e. by 2026 

Clearing backlog from 2011 will take another 6 years i.e. by 2032 

Clearing backlog from 2012 will take another 6 years i.e. by 2038 

Clearing backlog from 2013 will take another 4 years i.e. by 2042 

and so on. 

---------------------------- 

while EB3 has plenty of opportunities to be EB2 and it’s a natural progression just by virtue of working hard. 

No way in the heaven EB2/EB3 can naturally & honestly become EB1C, unless he uproots & moves internationally.

Data Data Data

Here is a little tutorial for future reference so that if anyone asks you in future.. Because I know EB1C first throw this sentence: 

" Where is the data to show that Eb1C is abused" 
As soon as you present the data, their argument suddenly changes to. 
"Well they are doing everything legal, you think you know better than USCIS" 
lol.. you can see what losers they are. 

Anyways, coming back to data. L1 data is by USCIS and the breakdown of EB1 is by DHS. L1 data is by company, you can see clearly TCS and CTS tops the chart. Now if someone comes and say.. "Well it is not just for indians but for everyone else". Ask them have they met any H1B on site engineer from anywhere other than India? lol. 

Link - https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/BAHA/L_FY17_Approved_Petitions_010918.pdf 

Education wise this is the talent they hire: https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/BAHA/Approved_H1B_2017_Employers_3.2.18.pdf 

This is just L1, there are people who file Eb1C from H1 too. 
Link: https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/BAHA/Approved_H1B_2017_Employers_3.2.18.pdf 

You can see about Eb1/2/3 every thing here: https://www.dhs.gov/immigration-statistics/yearbook/2016 

You can also see that L1 admission is more than H1.. which simply means that Eb1C is going to be even more: 
Link: https://www.dhs.gov/immigration-statistics/readingroom/special/LIASR# 

These data are hardcore numbers and not any speculation. Please bookmark each and everylink because you will asked often. lol.. 

There is ABSOLUTELY no doubt in my mind that Eb1c has indeed doomed every category as we know today. 

By the way, it is not just witchs who are abusing EB1C.. companies like other Non-India based Multinationals are not too far!

EB1C (Overuse/Abuse) is an SCAM perpetrated by AMERICAN companies

EB1C Laws have been written loose favoring EMPLOYERS with office abroad and in United States.

Indian IT Outsourcing companies found this Grand Canyon of the loop hole

Exploitation of the Loop hole is rampant since outsourcing of the IT jobs began, but has accelerated since 2011.

Saying H-1b is the Fraud is just plain Naive. (Please read below posts). How can H1b with 10-15 years of USA corporation work experience / clean Record be Fraud ? More scrutiny should be done for new cases.

H1B doesn't give any permanent rights to the Alien specially right to call America Home, EB1C can replace workers permanently and is replacing whole department. 

H-1b vs EB1C

Criteria	H1b	Eb1C
Annual Cap Counted	YES	Virtually No as It's top of the GC hierarchy, based of Employer's word) Mostly Outsourcing companies
Salary Test	YES	No
Minimum Education	YES	No
Minimum Salary by Employer	YES	No
US Market Test	YES	No
Public notice Needed	YES	No
Leads to	Alien Status	Permanent Resident Status
Scrutiny	YES (at all steps of renewal)	No (Just one time)
Visa Validity	Max 3-6 years (extensible based of Green card pending)	Permanent
Time to get Green Card (Permanent Residency)	15-20 Years (If Filed under EB-2 / EB-3) EB=Employment Based	Average 3 Months to 9 Months
Primarily Used by	- INDIAN Outsourcers - Large American Corporations - Mid size American Owned companies - Small American Owned companies Source: myvisajobs.com	- INDIAN Outsourcers - US Multi-National companies mainly development offices in INDIA

EB1C is the real game changer for US Workers

America is importing so called Managerial professionals directly and handing off Green Cards on platter.

How EB1C is dangerous:

-  EB-1C Laws are biased towards EMPLOYER's word as Gospel of Truth

-   Every developer, tester, business analyst owns A module, code, test cases, documentation, project deliverable, piece of the Product etc.

- Companies present Alien worker to USCIS as FUNCTIONAL MANAGER (of module, code, test case, documentation, project deliverable, piece of the Product etc.)

- USCIS as per Law do not verify SALARY, and does not perform any TEST of American Job market.

- Person is fast tracked on the Green card (in the same category as Nobel Prize Winners/Olympians) and becomes resident in 6-9 months after OUTSOURCING COMPANY petitions for employee.

- Cycle repeats for more employees

Link for EB1C Law: (VERY Loosely Framed, SHAMEFULLY Exploited by INDIAN Outsourcing companies).

Link of the Eb1C Rule/Law: https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-12632/0-0-0-13411.html 

EB1C Laws : Its Loop Holes, Exploitation by International IT Service companies and the Interests of US CITIZENS

As per the Law governing EB-1C Visa eligibility:


SERVICE LAW BOOKS MENU \ TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) \ 8 CFR PART 204 -- IMMIGRANT PETITIONS \ § Sec. 204.5 Petitions for employment-based immigrants.

j) Certain multinational executives and managers.

(1) A United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(1)(C) of the Act as a multi-national executive or manager.

(2) Definitions. As used in this section:

Affiliate means:

(A) One of two subsidiaries both of which are owned and controlled by the same parent or individual; <<< All IT Service companies fit this Criteria >>>

(B) One of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity; or

(C) In the case of a partnership that is organized in the United States to provide accounting services, along with managerial and/or consulting services, and markets its accounting services under an internationally recognized name under an agreement with a worldwide coordinating organization that is owned and controlled by the member accounting firms, a partnership (or similar organization) that is organized outside the United States to provide accounting services shall be considered to be an affiliate of t he United States partnership if it markets its accounting services under the same internationally recognized name under the agreement with the worldwide coordinating organization of which the United States partnership is also a member.

 Doing business
means the regular, systematic, and continuous provision of goods and/or services by a firm, corporation, or other entity and does not include the mere presence of an agent or office.

Executive capacity 
means an assignment within an organization in which the employee primarily:

(A) Directs the management of the organization or a major component or function of the organization;

(B) Establishes the goals and policies of the organization, component, or function;

(C) Exercises wide latitude in discretionary decision-making; and

(D) Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.

<<<< Outsourcing and IT Service Companies Attorneys are abusing Managerial Capacity Loop hole given below>>>>
Managerial capacity 
means an assignment within an organization in which the employee primarily:

(A) Manages the organization, or a department, subdivision, function, or component of the organization;

(B) Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization; <<<Being a very lax definition 50% percent of the employees of Service companies Fit this criteria>>>

(C) If another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization), or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and

(D) Exercises direction over the day-to-day operations of the activity or function for which the employee has authority. 

 

Multinational
means that the qualifying entity, or its affiliate or subsidiary, conducts business in two or more countries, one of which is the United States.

Subsidiary
means a firm, corporation, or other legal entity of which a parent owns, directly or indirectly, more than half of the entity and controls the entity; or owns, directly or indirectly, half of the entity and controls the entity; or owns, directly or indirectly, 50 percent of a 50-50 joint venture and has equal control and veto power over the entity; or owns, directly or indirectly, less than half of the entity, but in fact controls the entity.

 (3) Initial evidence--

(i) Required evidence. A petition for a multinational executive or manager must be accompanied by a statement from an authorized official of the petitioning United States employer which demonstrates that:

(A) If the alien is outside the United States, in the three years immediately preceding the filing of the petition the alien has been employed outside the United States for at least one year in a managerial or executive capacity by a firm or corporation, or other legal entity, or by an affiliate or subsidiary of such a firm or corporation or other legal entity; or

(B) If the alien is already in the United States working for the same employer or a subsidiary or affiliate of the firm or corporation, or other legal entity by which the alien was employed overseas, in the three years preceding entry as a nonimmigrant, the alien was employed by the entity abroad for at least one year in a managerial or executive capacity;

(C) The prospective employer in the United States is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien was employed overseas; and

(D) The prospective United States employer has been doing business for at least one year.

(ii) Appropriate additional evidence. In appropriate cases, the director may request additional evidence.

(4) Determining managerial or executive capacities.

(i) Supervisors as managers. A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of his or her supervisory duties unless the employees supervised are professional.

(ii) Staffing levels. If staffing levels are used as a factor in determining whether an individual is acting in a managerial or executive capacity, the reasonable needs of the organization, component, or function, in light of the overall purpose and stage of development of the organization, component, or function, shall be taken into account. An individual shall not be considered to be acting in a managerial or executive capacity merely on the basis of the number of employees that the individual supervises or has supervised or directs or has directed.

 (5) Offer of employment. No labor certification is required for this classification; however, the prospective employer in the United States must furnish a job offer in the form of a statement which indicates that the alien is to be employed in the United States in a managerial or executive



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CONCLUSION:

 Law has been written so loosely that if Anyone has a company in INDIA and an office in the US, Such Company can hire any college Under-Graduate or Associate degree holder in INDIA and let him work there for 3 years, meanwhile promoting as Lead of any Function in INDIA, then bring him to USA (on L-1 or any work Visa) and GET a Green Card in a year or less (without scrutiny or any hurdles of H-1B in EB1C) 

AND BECOME PERMANENT RESIDENT before even first Visa Renewal/extension.

Year over Year Abuse of Eb1C (Source Immigration Statistics Yearbook at dhs.gov )

YEAR	EB1C (Multinational Manager) Green Card visas issued
2011	14,072
2012	13,905
2013	13,849
2014	20,162
2015	27,843
2016	38,921

Question is Does America need to import so many Managers annually, Isn't it another CRIME of displacing Citizens from Jobs Permanently  ?

GATT Agreement of 1994 doesn't talk about Green Card handing over to Employees of WITCHS (Wipro, Infosys, Tata, Cognizant et. al.)