Tag Archives: House Judiciary Committee

The Prospects Look Good for Bill to Eliminate Per Country Limit

Legislation that will have a positive direct impact on Indian nationals passed the House of Representatives on Tuesday, November 29. The vote was an overwhelming 389 to 15.

HR 3012, “The Fairness for High-Skilled Immigrants Act,” would eliminate the per country limit for employment-based immigrants in a transition over a four-year period. The primary effect of the bill would be to shorten the wait times substantially for highly educated foreign nationals from India and China. The part of the Immigration and Nationality Act that limits nationals of any one country to 7 percent of the total employment-based immigrants in a year will be removed the law books. In addition, by raising the family per country limit from 7 percent to 15 percent it would also help long-waiting family-sponsored immigrants from Mexico and the Philippines.

The House Floor

Speaking in favor of the bill on the House floor, Rep. Jason Chaffetz (R-UT), the chief sponsor of the bill, emphasized that the legislation provided no new green cards. He said the measure was necessary to have the law match the way employers in America hire – based on merit, not country of origin.

House Judiciary Committee Chairman Lamar Smith (R-TX) also spoke in favor of the bill. He emphasized the long wait times, pointing out that some nationals from India in the employment-based third preference (EB-3) had been waiting since 2002 for green cards. In support of the bill, Rep. Smith asked: “Why should American employers who seek green cards for skilled foreign workers have to wait longer just because the workers are from India or China?”

On the Democratic side, Representatives Steve Cohen of Tennessee and Jim Moran of Virginia spoke in favor of the bill. (No one spoke against the bill.) Rep. Moran talked about the importance of skilled immigration generally to jobs and business development in Northern Virginia.

Prospects in the Senate

The passage of the bill in the House gave bill supporters new information about the chances for the legislation to move in the Senate. The New York Times reported, “The bill seemed likely to pass easily in the Senate, said Senator Charles E. Schumer of New York, a leading Democrat on immigration.”

Explaining the implications of the bill, The New York Times noted, “By far, the main beneficiaries will be highly skilled immigrants from India and China, including many with master’s degrees and doctorates in science and engineering. Because they come from populous countries that send many people to work here who have advanced science and technology skills, immigrants from those two nations had been forced by the country limits into lines that were many years long and growing much longer.”

An Associated Press article also quoted Senator Schumer, the chair of subcommittee that handles immigration in the Senate Judiciary Committee, who is favorably disposed toward the bill: “Sen. Charles Schumer, D-N.Y., who heads the Senate Judiciary panel on immigration, said he planned to move the bill as quickly as possible in the Senate, ‘where we expect it to find overwhelming support.’ He said the legislation would ‘remove outdated constraints that prevent us from attracting the kind of innovators who can create job growth in America.’”

An analysis by the National Foundation for American Policy concluded that passing H.R. 3012 would reduce the wait for a newly sponsored foreign national from India in the employment-based third preference (EB-3) to 12 years, far less than the potential wait of several decades under current law. In the employment-based second preference (EB-2), the wait would drop to two or three years, rather than the current 6 years or more for a newly sponsored Indian-born scientist, researcher or engineer sponsored in that category.

Will A New Bill Aid International Students with Ph.D.s – and Others?

The Wall Street Journal has reported that House Judiciary Committee Chair Lamar Smith (R-TX) plans to introduce legislation to provide extra green cards for certain international students. (Find article here, registration required.)

As described, the legislation would likely have a positive impact on skilled immigrants.

For several years there has been great interest in the high tech community in exempting graduates of U.S. universities from employment-based green card quotas. In particular, the focus has been on individuals with advanced degrees from U.S. universities in science, technology, engineering or mathematics (STEM) fields. Some high tech executives have referred to such legislation as stapling a green card to the diploma of certain international students. In fact, a bill by Rep. Jeff Flake (R-AZ) is called the STAPLE Act (H.R. 399).

What Would New Legislation Likely Include?

The Wall Street Journal summarizes the likely contents of a new bill aimed at international students with Ph.D.s: “Rep. Lamar Smith (R., Texas), chairman of the House Judiciary Committee, said he plans to introduce legislation providing up to 10,000 visas a year to foreign students graduating from US universities with doctorates in engineering, information technology and the natural sciences.”

It is unclear from the description whether the intention is to create a new category or an exemption from the current 140,000 annual quota for employment-based green cards.

Which Universities Would Be Eligible?

A key question in any proposed legislation is whether degrees from all universities will allow international students to qualify. One concern expressed by lawmakers is a “diploma mill” could come into operation seeking to attract students by offering a way to gain a green card easier. For that reason any legislation is likely to restrict degrees to those obtained from universities in operation for a number of years and possibly only “research” universities. The definition of research universities and how many would be included in such a definition will remain an issue.

Which Degrees Would Be Eligible?

Another issue is whether legislation would be restricted to only Ph.D.s or to include recipients of masters degrees as well. Based on the Wall Street Journal article, it appears Rep. Smith would like to limit any bill to Ph.D.s. only.

A related matter is Ph.D.s in which fields. Members of Congress have focused on degrees in science, technology, engineering or mathematics (STEM) fields. It is possible Rep. Smith’s legislation would be narrower. In the interview with the Wall Street Journal, Rep. Smith mentioned engineering, information technology and the natural sciences as eligible areas.

Job Offer

It is likely any legislation would require the individual receive a job offer from an employer before being eligible for a green card.

Labor Certification

One of the most burdensome aspects of the employment-based immigration process is labor certification. That is a process that can cost employers several thousand dollars and can take 6 months to two years to gain approval from the U.S. Department of Labor. The process is meant to show no other qualified American is available to fill the job. Proving that often involves paying for advertisements and showing the results to the Department of Labor. Any exemption or special visa would be much more desirable if the applicant did not have to endure the labor certification process.

Likely Impact

Legislation limited to Ph.D. recipients would have a two-fold impact. First, it would likely allow for a green card to be received in a timely fashion for such individuals without regard to country of origin. (One assumes any legislation would exempt the recipients from the per country limit.) Even individuals who earn a Ph.D. could wait years for a green card in the employment-based second preference category if they are born in India or China. Second, adding extra visas to the employment-based immigrant category would free up numbers even for individuals who are not eligible, thereby reducing overall waiting times by a modest amount.

Rep. Smith’s bill would be notable because a bill introduced by the chairman of the committee with jurisdiction, in this case the House Judiciary Committee, has a far greater chance of moving through the legislative process than bills introduced by other members of Congress. Once introduced, it will be legislation worth watching.