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Immigration- Legislative updates- My take


mannam

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I did little research on this today as it may impact my future visa status. What I found is this. At this point of time, there are 3 bills introduced in the congress regarding immigration (2 in the house and one in senate). They are HR 392 and HR 670 and S. 281

HR 392 was introduced with both republican and democratic sponsorship. At this point of time, there are 38 cosponsors for this bill and they belongs to both the parties. Immigration Voice also supports this bill and the volunteers from their organisation are actively contacting the house members for their sponsorship. This bill deals with the country limits for both employment-based green cards (EB1-EB5) and family-sponsored green cards. To explain it little better, I will use simple maths. If USA is issuing 100 green cards per year under EB2 category, India can get to a maximum of 7 per year. At the same time, countries like Thailand also gets 7 per year which is the main reason for this long backlogs for India and China. If passed, this bill will eliminate the country-limit on the Employment-based green cards which will help India and China a lot but will drag the other countries to a backlog situation. The other provision in this bill is to increase the country limit to 15 percent for the family-sponsored green cards. Since there is a bipartisan support for this bill, it has better chances of passing in the house.

S.281 is a bill introduced in senate by a republican senator on February 3rd. This is basically the senate version of HR 392.

 

Regarding the other bill, HR 670, it has no cosponsors at this time and also introduced by a Democratic member from California. This bill, if passed, will certainly cause serious problems to several Indian employees. This bill includes the provisions of HR 392, but also added some more provisions such as the minimum wage limits for the H-1Bs of H1-B dependent employers. This talks about the minimum wage of $130000. This bill also includes several other provisions such as reforming the prevailing wage system, market-based H-1 B visa allocation, allocation of 20% of the H-1 B visas for the small and start-up employers, providing dual intent for the F-1, O-1 and P visa holders etc. please google for all the bills with the bill numbers and read for yourself if you need more information.

 

In my opinion, HR 392 has better chances of passing in the house.

 

Apart from both the bills, there is a possibility of a presidential executive order to be signed by the president which may occur anytime in the next few days to weeks. Some how, vox.com has obtained the draft copy of the likely memorandum that is purportedly to be signed by the president regarding these issues. If signed by the president it has several issues related to almost every kind of visa existing at this time. This talks about H1B, H4-EAD, B-1, B-2, E-2, F-1, OPT, L-1, J-1 visas. This memorandum asks several members of the president's team to review and propose any regulations if required related to all those visas given above. This also mandates the president's team to publish the data on patterns of immigration flows for easier public understanding in a very regular time intervals. There is a time frame to achieve each and every aspect of this memorandum. You can also google for this leaked draft and aware yourself. If signed, there may be a huge impact on all visa categories as we don't know how these provisions are interpreted and followed by the immigration agents. This will certainly cause a panic something such as last week's refugee travel ban.

 

Once the attorney general nomination gets confirmed, there will be no stopping of the president's immigration agenda.

 

 

However, it all depends on time and the priorities set by the president's team. For us immigration is the only issue, but for them there are several other issues on the plate. If somehow these issues gets delayed till the end of 2017, we will be saved as 2018 brings all the House and some senate seats up for grabs. Let us wait and watch how it all unfolds.

All we can do is pray for the good.

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