logiclife
04-03 10:18 AM
We are working on 3-4 amendments that reduce retrogression and help with backlog candidates with longer H1 extensions (Instead of 1 year H1b extensions).
Please keep in mind the Core group has given 3 months of devoted time and its in core group's interest also to get things done.
These amendments will go into the final bill before the debate is over and we will let everyone know the time/date details just a few moments before they are being introduced, if its possible to do that.
The WSJ article was aimed with a different purpose addressing the republican candidates who have taken a strong stance against latino population and its election consequences. It would not have been good to get ourselves mentioned in article that has largely advocated illegals. We have been trying to separete ourselves from illegals. Remember???
Regarding the media exposure for us, QGA has given us Roll-Call article exclusively for IV, NBC appointment(Siva was on NBC last week on Brian Williams) etc.
Please be patient and trust us, we are in the same boat as you are and we would appreciate a little patience for a little more time please.
Thank you.
Please keep in mind the Core group has given 3 months of devoted time and its in core group's interest also to get things done.
These amendments will go into the final bill before the debate is over and we will let everyone know the time/date details just a few moments before they are being introduced, if its possible to do that.
The WSJ article was aimed with a different purpose addressing the republican candidates who have taken a strong stance against latino population and its election consequences. It would not have been good to get ourselves mentioned in article that has largely advocated illegals. We have been trying to separete ourselves from illegals. Remember???
Regarding the media exposure for us, QGA has given us Roll-Call article exclusively for IV, NBC appointment(Siva was on NBC last week on Brian Williams) etc.
Please be patient and trust us, we are in the same boat as you are and we would appreciate a little patience for a little more time please.
Thank you.
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vinodp1978
06-28 04:30 PM
my labor has to be pending 365 days or have an 140 approved to extend. so if pp goes away for 140 then my only option to stay in status is EAD. Also I am not in IT so patni,tcs etc...is out of question.
caydee
05-22 08:12 PM
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chanduv23
10-08 01:46 PM
^^^^^^^^^^^^^^^^^^^
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bheemi
04-03 10:42 AM
HI Admin,
Thanks for letting us know that IV is working on introducing ammendments for ability to file 485 and other problems..
-Bheemi
Thanks for letting us know that IV is working on introducing ammendments for ability to file 485 and other problems..
-Bheemi
bheemi
04-03 10:54 AM
Anai..
Thanks
Thanks
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chi_shark
10-03 04:37 PM
i asked the exact same question to my lawyer... she had no evidence or past precedents... i doubt if any lawyer will have it...
the thing to note here is this: more often than not, your 485 will get approved (if your case is approvable) without any issues in the normal course... the question of denial comes ONLY IF there is an RFE and then ONLY IF IO is not satisfied with your RFE and he calls you over for an interview and then ONLY IF he is not satisfied with answers you give in interview. Taking a wild guess, we are talking about maybe small percentage of folks going to the RFE stage and fraction of that going to interview and a fraction of that actually getting denials... if people have other complications such as basic legalities in their business/self-employment or any other issues such as no pay for long time etc... then i suspect they may get denied whether self employed or not.... but if all is clear, then it should be very minimal...
GREAT I SAY! What do you think?
Do we have any conclusive evidence of these cases? Have we seen prior cases being approved using this approach?
the thing to note here is this: more often than not, your 485 will get approved (if your case is approvable) without any issues in the normal course... the question of denial comes ONLY IF there is an RFE and then ONLY IF IO is not satisfied with your RFE and he calls you over for an interview and then ONLY IF he is not satisfied with answers you give in interview. Taking a wild guess, we are talking about maybe small percentage of folks going to the RFE stage and fraction of that going to interview and a fraction of that actually getting denials... if people have other complications such as basic legalities in their business/self-employment or any other issues such as no pay for long time etc... then i suspect they may get denied whether self employed or not.... but if all is clear, then it should be very minimal...
GREAT I SAY! What do you think?
Do we have any conclusive evidence of these cases? Have we seen prior cases being approved using this approach?
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gonecrazyonh4
05-24 04:44 PM
I totally agree with Arunmohan- We H4's are not considered basic human beings here, we are not allowed to work ,may of us experience difficulty in getting a drivers license, we cannot have an independent bank account- literally we are considered as without life. I do wish I came in here illegally, at least i see hope for illegals in these bills - what do H4 Visa holders have to wait for !!!
Hello ,
yesterday i was watching Cspan 2 and debate about immigration.one of the senator (i don't remember the name ) was telling about a story of a woman with six children migrated from some poor european country ten years back to America.unfortunately her husband died after coming here.She move on in life and went to idhao and opened a cattle ranch and brought up her children well.Now she is very proud and successfull business woman and mother of six grown ups whom i am sure will be well establish them selves.
i listened the story and thanked the God that she didn't came on H4 VISA.otherwise she couldn't achieve the same.
For H4 this land is certainly not land of opportunity.Rather i suggest all H4 including my wife to burn their masters in business administration degrees and PHDs ,start doing cleaning jobs like illegals and eventually apply for Z visa.
Nobody is listening to us on capital hill .H4 are inanimate objects who came here to USA to accompany their fellow husbands or wife.No matter if it is for one year or 30 years.
And in the end no reform for H4 in this bill and no hopes for getting GC to their spouse.
Hello ,
yesterday i was watching Cspan 2 and debate about immigration.one of the senator (i don't remember the name ) was telling about a story of a woman with six children migrated from some poor european country ten years back to America.unfortunately her husband died after coming here.She move on in life and went to idhao and opened a cattle ranch and brought up her children well.Now she is very proud and successfull business woman and mother of six grown ups whom i am sure will be well establish them selves.
i listened the story and thanked the God that she didn't came on H4 VISA.otherwise she couldn't achieve the same.
For H4 this land is certainly not land of opportunity.Rather i suggest all H4 including my wife to burn their masters in business administration degrees and PHDs ,start doing cleaning jobs like illegals and eventually apply for Z visa.
Nobody is listening to us on capital hill .H4 are inanimate objects who came here to USA to accompany their fellow husbands or wife.No matter if it is for one year or 30 years.
And in the end no reform for H4 in this bill and no hopes for getting GC to their spouse.
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franklin
08-22 07:38 PM
Thanks for your reply. Everybody else is just teasing and making fun instead of answering a simple question.
(1) Are these steps taken in a sequence?
(2) Does USCIS update the status of our file so that we know where we are i.e whether our file is stuck FBI Name check or FBI Fingerprint Check, etc..
I didn't think my answers were making fun or teasing anyone - sorry if you felt that way, I didn't mean them to be interpreted like that.
The main problem is that no one really knows for sure whether these steps are taken in sequence. There is little to no transparency. There are procedures, but we can not guarantee that they are followed.
To answer your second part. No, I don't believe there are any standard updates that indicate this, but I could be wrong. I think that there is an update if you clear it, but not if you are stuck in it. Make sense? Pappu has an excellent post that details the name check process http://immigrationvoice.org/forum/showthread.php?t=12000
To answer nlssubbu with the query about the "pre-approval" - I don't think it is a 1 time thing. Its a fairly standard USCIS practice. I have a link somewhere to the IO AOS processing manual. If I can find it I'll post it here.
Do I think they have enough resources to process them all? Absolutely not, but I doubt there will be a rush considering PDs won't be current for a while (esp eb3)
(1) Are these steps taken in a sequence?
(2) Does USCIS update the status of our file so that we know where we are i.e whether our file is stuck FBI Name check or FBI Fingerprint Check, etc..
I didn't think my answers were making fun or teasing anyone - sorry if you felt that way, I didn't mean them to be interpreted like that.
The main problem is that no one really knows for sure whether these steps are taken in sequence. There is little to no transparency. There are procedures, but we can not guarantee that they are followed.
To answer your second part. No, I don't believe there are any standard updates that indicate this, but I could be wrong. I think that there is an update if you clear it, but not if you are stuck in it. Make sense? Pappu has an excellent post that details the name check process http://immigrationvoice.org/forum/showthread.php?t=12000
To answer nlssubbu with the query about the "pre-approval" - I don't think it is a 1 time thing. Its a fairly standard USCIS practice. I have a link somewhere to the IO AOS processing manual. If I can find it I'll post it here.
Do I think they have enough resources to process them all? Absolutely not, but I doubt there will be a rush considering PDs won't be current for a while (esp eb3)
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sk.aggarwal
02-01 04:03 PM
You were right. It seems they have updated status today. My case got processed on 01/27. Now waiting for the documents
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hebron
06-29 03:23 PM
CNN Political Ticker: All politics, all the time Blog Archive - Obama Immigration speech Thursday � - Blogs from CNN.com (http://politicalticker.blogs.cnn.com/2010/06/29/obama-immigration-speech-thursday/?iref=allsearch&fbid=rwJsrFt2oZa)
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nlssubbu
08-22 07:21 PM
Not quite, as I understand it, if your PD is not current, your AOS will continue processing and will eventually get to a "approved, pending visa number" state. You can pretty much be in this state for some time, and then when PD does become current (as happened from May through July this year with the significant shift in PDs in the bulletins) there will be a massive approval rate of all those pending applications.
USCIS doesn't stop the application process just because your PD is no longer current
This is how USCIS got through 60k unused visas in a staggeringly short time. There were a LOT of applications that were ready to go, they were just waiting for those numbers. USCIS didn't all of a suddenly quadruple their efficiency in processing :)
I think that they did it one time mainly to use all the unused visas. I do not know whether they will continue in the same fashion of such pre-processing in future too. If not, then that is going to be a bigger wait considering the number of applications received at their end after the July visa bulletin.
Do you think that they have enough resources available to process all?
USCIS doesn't stop the application process just because your PD is no longer current
This is how USCIS got through 60k unused visas in a staggeringly short time. There were a LOT of applications that were ready to go, they were just waiting for those numbers. USCIS didn't all of a suddenly quadruple their efficiency in processing :)
I think that they did it one time mainly to use all the unused visas. I do not know whether they will continue in the same fashion of such pre-processing in future too. If not, then that is going to be a bigger wait considering the number of applications received at their end after the July visa bulletin.
Do you think that they have enough resources available to process all?
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sai9999
03-01 10:41 AM
Sukekha.com is the most visited website for INDIANS in NORTHEAST....for all classifields. Would it be very expensive to put up some banners in LEADING indian websites where lot of INDIAN IT people visit.
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jungalee43
09-22 06:21 PM
I've started calling and made first call to the chairman's office. I told the man that I'd called to express my grattitude and thank the chairman. Then I requested the chairman to take a yes/no vote on this bill and to take the bill to its logical conclusion, at least in the Jud Committee.
Please remember, "thank you" packs awesome power and all members should convery their thanks to the chairman and request a vote on the bill for logical conclusion.
I have not finished calling yet and I will update the poll only after I have made all the calls. From this thread it looks like the hearing is on 24th. If that is the case I will make the calls tomorrow so that I could actually talk to someone.
i checked again, the hearing is tomorrow i.e on 23rd itself. I got to make calls.
Please remember, "thank you" packs awesome power and all members should convery their thanks to the chairman and request a vote on the bill for logical conclusion.
I have not finished calling yet and I will update the poll only after I have made all the calls. From this thread it looks like the hearing is on 24th. If that is the case I will make the calls tomorrow so that I could actually talk to someone.
i checked again, the hearing is tomorrow i.e on 23rd itself. I got to make calls.
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amitjoey
05-22 03:38 PM
Just signed up to contribute $20 per month. Will bump up the amount soon!!
Thanks srgadi. Need more people to come forward.
Thanks srgadi. Need more people to come forward.
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sachuin23
04-20 11:45 AM
Obama has done something. He made sure that we are in this pell mall because democrats are not getting additional 12 million supporters. Had he been only 50% passionate towards immigration as he was towards Health Care, we as well as millions of others would have been out of this mess. Lets see :). I am expecting a surprise before 2012 elections.
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roseball
02-11 05:21 PM
Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
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wahwah
11-14 10:31 PM
you argued with me unnecessarily......my prediction of severe retrogression in 2 months was not incorrect.
All
Charge-ability
Areas
Except
Those
Listed
CHINA-
mainland born INDIA MEXICO PHILIP-PINES
Employ-ment
-Based
1st C C C C C
2nd C 01JAN03 01JAN02 C C
3rd 01SEP02 15OCT01 01MAY01 22APR01 01SEP02
Other
Workers 01OCT01 01OCT01 01OCT01 01OCT01 01OCT01
4th C C C C C
Certain Religious Workers C C C C C
5th C C C C C
Targeted Employ-ment Areas/
Regional Centers C C C C C
You are just repeating yourself. Show me the logic why entering all apps will retrogress the PD?
Let me give a concrete example. For India EB2, why would the PD not move from, say, April 2004 to January 2005, even if, say, 20 million people with priority date at 2006 apply for I485?
Understand the procedure first. With a better idea of applications in pipeline, you will see the PD movement to be better predicted, not retrogression.
Why is it obvious? Show me the logic man!! Instead of just stating it. If ROW was current till now on some category, everybody who were supposed to file would have filed. Why would it get retrogressed. You understand that only the unused ROW numbers trickle over ot India/China etc.
So, you are saying you don't have a logic. You are speculating and saying only time will prove you right? Eh?
All
Charge-ability
Areas
Except
Those
Listed
CHINA-
mainland born INDIA MEXICO PHILIP-PINES
Employ-ment
-Based
1st C C C C C
2nd C 01JAN03 01JAN02 C C
3rd 01SEP02 15OCT01 01MAY01 22APR01 01SEP02
Other
Workers 01OCT01 01OCT01 01OCT01 01OCT01 01OCT01
4th C C C C C
Certain Religious Workers C C C C C
5th C C C C C
Targeted Employ-ment Areas/
Regional Centers C C C C C
You are just repeating yourself. Show me the logic why entering all apps will retrogress the PD?
Let me give a concrete example. For India EB2, why would the PD not move from, say, April 2004 to January 2005, even if, say, 20 million people with priority date at 2006 apply for I485?
Understand the procedure first. With a better idea of applications in pipeline, you will see the PD movement to be better predicted, not retrogression.
Why is it obvious? Show me the logic man!! Instead of just stating it. If ROW was current till now on some category, everybody who were supposed to file would have filed. Why would it get retrogressed. You understand that only the unused ROW numbers trickle over ot India/China etc.
So, you are saying you don't have a logic. You are speculating and saying only time will prove you right? Eh?
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BECsufferer
05-13 02:04 PM
When there is a overflow, I strongly feel that it should flow to all the categories and that is called equality. Some inefficient people in Decision making authority at USCIS framed a rule on visa overflow and they are following it. If the rule is not much logical/ethical to most of the people, then anyone can voice their rights against it.
Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
As per this rule, USCIS is not actually feeding the hungry.
Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.
Dear unknown friend;
The EB categorizations are based on skill levels that add value to the intellect pool of the country. So EB1, EB2 and EB3 categories were established to develop a system that can be used for application review.
In Eb3 case, there is an over-supply in this category than the demand, which is the case frankly, you should think about how to overcome this challange. One easy way I hear most of the people are following is to qualify for next value added category i.e. EB2. I think this would be better way to overcome your problem than complain about in-justices. Someone rightly said, beggars are not choosers!
My apologizes in advance for all those offended. Please remember it wasn't my intent.
Just for example, a team consists of one project manager(EB1), two tech leads(EB2) and 6 Developers(EB3). The demand is based on no. of vacancies exists on the market, that means a lot of EB3, less EB2 and few EB1.
As per this rule, USCIS is not actually feeding the hungry.
Regarding the country quota, US is not favoring/helping the foreign countries by giving GC to those people from them. So, it makes no sense at all when it comes to immigrants but I can understand the bureaucracy behind it.
If they are implementing the country limit then it should be like 0.00001% of that country's population, I feel.
Dear unknown friend;
The EB categorizations are based on skill levels that add value to the intellect pool of the country. So EB1, EB2 and EB3 categories were established to develop a system that can be used for application review.
In Eb3 case, there is an over-supply in this category than the demand, which is the case frankly, you should think about how to overcome this challange. One easy way I hear most of the people are following is to qualify for next value added category i.e. EB2. I think this would be better way to overcome your problem than complain about in-justices. Someone rightly said, beggars are not choosers!
My apologizes in advance for all those offended. Please remember it wasn't my intent.
53885
09-12 03:19 AM
and why was it so early. those arseholes carnt even watch a calander right.
suppose to be on or around the 15th??? which would be friday???
They published it early so that who have not planned to join rally can make late plans. Friday would have been very late.
suppose to be on or around the 15th??? which would be friday???
They published it early so that who have not planned to join rally can make late plans. Friday would have been very late.
logiclife
05-29 12:54 PM
I tend to disagrees with your comments, firstly please dont call this a stupid event, as a lot of young students strive to win this competition. In order to lead you have to follow, I have come across some smart ass Indians who love to talk and give directions, but they miss whole chunk of substance in their directions. (I don't mean to target you or disrespect any one else up here).
Your commments on parents motivating their childeren to strive for success in their lives, their is nothing wrong in that, would you rather have them go smoke dope and jerk around to waste their time? I am indian and proud to be, , above all proud that my parents pushed me to excel and do better with the opportunities granted to me.
However it is some desi companies who brought in the trend of lying and faking to get thie ways. But believe me , they dont get much further in their lives. I am glad strict restrictions are imposed on these companies, and the type of consultants they bring on board.
Is it fair that the person doing Masters from this country be put in the same boat as a fresh of boat from India?
Good Luck!
The famous quote is: You can only fool me once!
I would further say, what is the difference between you and anti-immigrants in this matter ? You are saying that certain class of people should be kept out of the job market and you have your reasons. Since you are probably US educated, you want those who are non-US educated out of competition. Do not give me the BS reason that those with non-US education are the only ones that fake their resume. As far as faking the resume goes, or bragging goes, its up to the individual. It could be anyone, including Presidents that fake resumes or pad it with embellishments.
The anti-immigrants are saying that they were born here so those who were not born here should be kept of out the job market to reduce competition (and spur wage inflation, which they would call fair wages, but its really wage inflation, the kind that drowned GM and Chrysler).
Would it not behoove you to say that the decision of who should be hired and who shouldn't be hired must be deferred to the employers and not the Government or any other special interest ? As an employer, are they not the most capable party here to make that decision and evaluate their options ? Shouldn't people who create wealth (employers, businesses) have the prerogative to decide who they want to hire to help them create wealth ?
Your commments on parents motivating their childeren to strive for success in their lives, their is nothing wrong in that, would you rather have them go smoke dope and jerk around to waste their time? I am indian and proud to be, , above all proud that my parents pushed me to excel and do better with the opportunities granted to me.
However it is some desi companies who brought in the trend of lying and faking to get thie ways. But believe me , they dont get much further in their lives. I am glad strict restrictions are imposed on these companies, and the type of consultants they bring on board.
Is it fair that the person doing Masters from this country be put in the same boat as a fresh of boat from India?
Good Luck!
The famous quote is: You can only fool me once!
I would further say, what is the difference between you and anti-immigrants in this matter ? You are saying that certain class of people should be kept out of the job market and you have your reasons. Since you are probably US educated, you want those who are non-US educated out of competition. Do not give me the BS reason that those with non-US education are the only ones that fake their resume. As far as faking the resume goes, or bragging goes, its up to the individual. It could be anyone, including Presidents that fake resumes or pad it with embellishments.
The anti-immigrants are saying that they were born here so those who were not born here should be kept of out the job market to reduce competition (and spur wage inflation, which they would call fair wages, but its really wage inflation, the kind that drowned GM and Chrysler).
Would it not behoove you to say that the decision of who should be hired and who shouldn't be hired must be deferred to the employers and not the Government or any other special interest ? As an employer, are they not the most capable party here to make that decision and evaluate their options ? Shouldn't people who create wealth (employers, businesses) have the prerogative to decide who they want to hire to help them create wealth ?
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