Tuesday, October 11, 2011

H.R. 3012: "Fairness for High-Skilled Immigrants Act"

Reforming the per-country limits on employment and family-based visas are both up for consideration this week in the House. The purpose of "HR 3012" is to amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other purposes.

Please find the actual bill here and note the following update from AILA's Director of Advocacy, Greg Chen:

On Thursday and Friday this week, the House Judiciary committee is scheduled to markup a series of bills including H.R. 3012, the "Fairness for High-Skilled Immigrants Act". Congressman Jason Chaffetz (R-UT) along with Chairman Lamar Smith (R-TX) are the sponsors of H.R. 3012, a measure that would eliminate the current per country cap limits of 7% on all employment-based (EB) green card categories over a three year transitional (phase-in) period leading to a strictly "first in, first out" (based on priority dates) system within the existing employment-based green card system. The measure would immediately increase the family-based per country cap from 7% to 15%. Also, the offset created by the Chinese Student Protection Act of 1992 is eliminated under the bill.

During the three year phase-in of the "first in, first out" employment based system- no group of applicants from a single country may receive more than 70% of employment based visas. In FY 2012, "first in, first out" applies to 85% of available EB visas; for FY 2013, "first in, first out" applies to 90% of available EB visas and for FY 2014, "first in, first out" applies to 90% of available EB visas for those visas not subject to "first in, first out". In other words, in FY 2012, 15% would be set-aside and 10% for the next two fiscal years. No group of applicants may receive more than 25% of the total set-aside during the 3 year phase-in period.

H.R. 3012 is the last measure on the list of bill scheduled to be addressed so there is a chance the committee will not get to it this week. In any case, we will provide additional updates as they occur.

7 comments:

  1. Where can we ask Qs regarding this bill? Does anyone know how it would impact a row eb3 candidate with 2010 priority date? Will it make their pd current?

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  2. No, that would only benefit Indians and Chinese. If this bill becomes a law, it will put EB3-ROW in a big trouble by dramatically increasing backlog.

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  3. I don't think it's a good Idea to support it then.. Why are they doing that to people who don't even have those many immigrants.. And are skilled..

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  4. I am waiting from 2002, isn’t it fare if I get my greencard before you (2010 one)

    This is based on employment/qualification (not lottery/family). I am equally qualified.
    why should I wait for 10 years?

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  5. Good point. Employment based visas should be based on skill rather than country quota

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  6. I have been in the workforce for nearly 10 years contributing to my company, economy and paying taxes. But still waiting due to backlog. But a person who applied last year can get his green card immediately just because of the his birth place. Is country of origin play such an importance in employment?. It is just plain discrimination to me and I'm being punished after all my contribution in the workplace.

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  7. http://ryvinimmigrationblog.blogspot.com/2011/11/hr-3012-fairness-for-high-skilled.html

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