The new legislations have been introduced by the Powerful lawmakers in the United States House of Representatives and Senate aiming at ending per-country green card limit that would benefit hundreds of and thousands of Indian professionals waiting to gain permanent legal residency in the country.
If passed by Congress and signed into law, the legislations, that is backed by top companies from the Silicon Valley, would benefit scores of Indian professionals on H-1B visas whose current wait time for permanent legal residency is more than a decade.
The H-1B visa is a non-immigrant visa that is mostly sought-after India IT professionals and allows the U.S. companies to hire foreign workers in speciality occupations that require technical or theoretical expertise.
According to some recent studies, some categories of those Indian professionals face a wait of 151 years under the current system which imposes a country cap on people who get green card.
The United States makes currently 140,000 green cards available every year to employment-based immigrants, as well as many who first come here on temporary H-1B or L visas.
The present law, however, provides that not more than seven percent of these green cards can go to nationals of any one country although some countries are more thickly settled than others.
Because of this seven percent limit, for example, an Indian or Chinese post-graduate may have to wait half a decade or more for a permanent legal residency or green card, much longer than a student from a less-populated country.
In the Senate, Republican Mike Lee and Democratic presidential aspirant Kamala Harris introduced the Fairness for High-Skilled Immigrants Act Wednesday, a bill that would take away per-country caps for employment-based green cards.
“Ours is a nation of immigrants, and our strength has always come from our diversity and our unity,” Harris said.
“We must do more to eliminate discriminatory backlogs and facilitate family unity so that high-skilled immigrants are not vulnerable to exploitation and can stay in the U.S. and continue to contribute to the economy,” said the Indian-American Senator.
Co-sponsored by 13 more Senators, the Fairness for High-Skilled Immigrants Act increases the per-country caps for family-sponsored green cards from seven percent to 15 percent.
Without adding any new green cards, it creates a “first-come, first served” system that relieves the backlogs and lets green cards to be granted more efficiently.
“Immigrants should not be penalized due to their country of origin,” Lee said.
“Treating people fairly and equally is part of our founding creed and the Fairness for High-Skilled Immigrants Act reflects that belief. Immigration is often a contentious issue, but we should not delay progress in areas where there is bipartisan consensus just because we have differences in other areas,” Lee said.
The bill has also been endorsed by Immigration Voice, Compete America Coalition, the Information Technology Industry Council, Google, Walmart, the US Chamber of Commerce, National Association of Manufacturers, The Heritage Foundation, La Raza, and many others.
An identical bill – Fairness for High-Skilled Immigrants Act (HR 1044) – was tabled in the U.S. House of Representatives by Congressman Zoe Lofgren and Ken Buck, Chair and Ranking Member of the House Judiciary Subcommittee on Immigration and Citizenship, with co-sponsorship of a bipartisan group of 112 Congressmen.
Fairness for High-Skilled Immigrants Act alters the per-country limits for employment-based immigrants so that all are treated evenly irrespective of their country of birth.
Noting that the immigration system is severely broken, and it has been broken for decades, said Lofgren said at the heart of this broken system are the outdated employment- and family-based immigration systems, which suffer under decades-long backlogs.
“In combination with the per-country limits, these backlogs keep nuclear families apart for decades, while preventing U.S. employers from accessing and retaining the employees they need to stay competitive. The Fairness for High-Skilled Immigrants Act begins to address these problems and makes the immigration system somewhat more rational. It is a small, but good step forward,” Lofgren said.
Buck said year after year, he has met with constituents who come here legally on work visas from India or China and face decades-long wait times for obtaining permanent residence.
“We want to ensure America remains globally competitive, we need to ease the backlogs and leverage the talent and expertise of our high-skilled immigrants who help strengthen the U.S. economy and fill knowledge gaps in certain fields, he said.
These are people who have helped America grow and thrive as a nation of immigrants and the U.S. needs to make sure the system continues to value those who are following American laws and doing the right thing, Buch argued.
Aman Kapoor, co-founder and president of Immigration Voice, welcomed the decision.
“It would help to grow our economy by allowing highly skilled immigrants to start their own companies and hire American workers. And, it will finally remove the last vestiges of discrimination from our high-skilled immigration system,” Kapoor said.
-Sowmya Sangam
