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Fairness for High Skilled Immigrants Act of 2019

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@Buidhe: I hope the congressional research service is unbiased enough for you. I removed Cato citations except for their estimate for deaths. For the other numbers for estimated delays I used only the CRS data. The other place I cited Cato too was not necessary since the other two citations have all the information listed. I do not agree with Wiki moderators that Cato is an advocacy think tank. Compared to Center for Immigration studies, it is the only independent institute which researches and publishes immigration information. This bias by wiki moderators is unfortunate.

@Calliopejen1: Thank you for the comments.This article is similar to https://en.wikipedia.org/wiki/RELIEF_Act_of_2019 . The other article is citing the authors own medium page. I will try add more citations thank you. It may sound like advocacy because this issue is really important to me. I appreciate you trying to help me make it sounds more neutral. Idleimp (talk) 15:26, 10 August 2020 (UTC)

@Calliopejen1: This article is "similar" to https://en.wikipedia.org/wiki/RELIEF_Act_of_2019 . It is not the same. Please read it. Idleimp (talk) 15:26, 10 August 2020 (UTC)

@Calliopejen1: I hope the congressional research service is unbiased enoughIdleimp (talk) 23:25, 11 August 2020 (UTC)

The Fairness for High Skilled Immigrants Act of 2019 (S.386) is a proposed immigration reform bill introduced by Sen. Mike Lee (R-UT) in the United States Senate on February 7, 2019. The bill seeks 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.[1]

Fairness for High Skilled Immigrants Act
Great Seal of the United States
Full titleFairness for High Skilled Immigrants Act of 2019
AcronymS.386
Colloquial name(s)The "high skilled immigrant bill", the "per-country cap elimination bill".
Introduced in116th United States Congress
Introduced onFebruary 7, 2019
Sponsored byMike Lee (R-UT)
Number of co-sponsors35 in the United States Senate.
Effects and codifications
Act(s) affectedImmigration and Nationality Act.
U.S.C. section(s) affected{8 U.S.C. § 1151, 8 U.S.C. § 1152, 8 U.S.C. § 1153, 8 U.S.C. § 1255.
Agencies affectedDepartment of Homeland Security, United States Citizenship and Immigration Services.
Legislative history

Introduction[edit]

The Immigration Act of 1990 established five occupational categories (in the Immigration and Nationalities Act of 1965 only two existed). It provided 140,000 immigrant visas (green cards) annually for employment-based immigration and mandated that foreign nationals of no country shall receive more than 7% of the available visas in each category in any given year, with the exception of excess unused visas.

The recent rise in Indian immigration to America coupled with their high population and a higher number of international students pursuing an advanced degree in America has led to an employment-based immigration backlog for Indians. The wait time for this backlog is estimated to be 8 years for EB1 applicants, 195 years for EB2 applicants and 27 years for EB3 applicants[2]

The bipartisan “Fairness for High Skilled Immigrants Act” aims to reduce and ultimately eliminate excessive backlogs for qualified immigrants seeking green cards by removing outdated limits and transitioning to a first-come, first-served system.[3] As per the congressional research service, Indians and to a lesser extent Chinese bear the burden of the current Green Card Backlog. With the implementation of this bill, EB-1, EB-2 and EB-3 backlogs should be eliminated in 3, 17 and 7 yrs respectively[4] [5]

Provisions[edit]

The bill would, after a nine-year transition period, remove the per-country caps for employment-based green cards and increase the per-country caps for family-sponsored green cards from 7% to 15%, without increasing the number of total available green cards. Specifically, this bill would do the following.[6][7]

  • Over a nine-year transition period, it would phase out the per-country numerical limits on employment-based green cards and increase the per-country limits on family-sponsored green cards from 7% to 15%.
  • Allow immigrants from non backlogged countries who have currently applied to immigrate an opportunity to get green cards due to the long transition period
  • It adds new 50/50 Rule to new H1B applications after 180 days of implementation of the bill. No Company with over 50 employees can sponsor a new H1B if 50% of their employees are on a H1B
  • It allows for an EAD for all I-140 applicants whose application has been approved for more than 2 yrs but are still waiting for a Green Card.
  • It allows for children of a deceased primary applicant to continue to be eligible to immigrate.
  • This bill would go into effect in the 2022 Fiscal Year for Green Cards if it passes the 116th Congress
  • This bill enforces more strict LCA rules

Viewpoint of third parties[edit]

  • AILA : Long-time, ardent supporter of the elimination of per country quotas for employment-based immigrants to ensure that people are granted visas based on their skills and not their country of origin have revised their stance in supporting this bill because of the removal of "do no harm" from the original House bill HR-1044.[8]

See also[edit]

References[edit]

  1. Lee, Mike (2019-02-07). "Text - S.386 - 116th Congress (2019-2020): Fairness for High-Skilled Immigrants Act". www.congress.gov. Retrieved 2020-08-09.
  2. "The Employment-Based ImmigrationBacklog". crsreports.congress.gov. 2020-03-26. Retrieved 2020-10-13. Unknown parameter |url-status= ignored (help)
  3. "FWD.us Statement on Passage of the "Fairness for High Skilled Immigrants Act"". www.fwd.us. 2019-07-10. Retrieved 2020-08-10. Unknown parameter |url-status= ignored (help)
  4. "The Employment-Based ImmigrationBacklog". crsreports.congress.gov. 2020-03-26. Retrieved 2020-08-11. Unknown parameter |url-status= ignored (help)
  5. "Immigration Wait Times from Quotas Have Doubled: Green Card Backlogs Are Long, Growing, and Inequitable". Cato Institute. 2019-06-18. Retrieved 2020-08-09.
  6. Lee, Mike (2019-02-07). "Text - S.386 - 116th Congress (2019-2020): Fairness for High-Skilled Immigrants Act". www.congress.gov. Retrieved 2020-08-09.
  7. Gupta, Anil (2020-08-05). "S386 Durbin Amendment Deal Points (New Deal Aug 2020)". www.am22tech.com. Retrieved 2020-08-09.
  8. "AILA Opposes Proposed Changes to S.386 andUrges Support for the RELIEF Ac" (PDF). www.aila.org. 2020-03-04. Retrieved 2020-08-10. Unknown parameter |url-status= ignored (help)

External links[edit]


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