Sat. Dec 4th, 2021

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Bill ending per-country cap for employment-based visas ends discrimination in legal immigration: Senator Mike Lee

3 min read
Immigration policies

The bill passed by the US Senate to eliminate the per-country numerical restriction for employment-based immigrant visas. Legislation that will hugely profit Indian professionals in America. Ends a major “nationality discrimination” in legal immigration, according to a top Senator.

Few ideas are more central to who we are as Americans than the idea that individuals should be judged based on their own merits. As people and not on their race or nationality, Senator Mike Lee, author of the Senate legislation, said on Thursday.

The Senate on Wednesday consistently passed the Fairness for High-Skilled Immigrants Act. That eliminates the per-country numerical limitation for employment-based immigrant visas and raised it for family-based visas. The enactment will tremendously profit a huge number of Indian experts in America who have been waiting for years to get their green cards.

This legislation lives up to our founding principles by ending nationality discrimination in our nation’s employment-based green-card system. It additionally contains many necessary changes to our H-1B visa system. American families should always be our main concern and this bill contains strong new protections for American workers, Lee said.

The US House of Representatives passed the Fairness for High-Skilled Immigrants Act on July 10, 2019. As a result of the contrast between the two versions of the bill. The House and the Senate would need to accommodate the legislation and arrive at a common language, for the two chambers to formally pass it again. Thereafter the bill would be sent to the President to sign into law.

Bill ending per-country cap for Employment-based Visas

As indicated by the bill, 70% of the total employment-based visas could go to H-1B workers after the bill’s enactment. That portion drops to 50 percent following nine years. At present, there are 1.2 million candidates in line for green cards. It ends country of origin discrimination by eliminating annual country-of-origin caps on green-card visas. Without increasing the total number of green cards given each year.

The bill denies all employers with workforces comprising of more than 50% temporary visa workers from sponsoring any new temporary visa workers. It closes the B-1 temporary business guest visa loophole utilized by numerous employers to avoid H-1B visa caps.

In addition to other things, the bill collects new fees on all H1-B applications. That would be dedicated to investigating fraud in the H-1B system and prohibit the adjustment of status. For any member of the Chinese Communist Party or People Liberation Army.

[US Senate passes Bill to remove country caps on employment-based green cards]

Florida Senator Rick Scott said the legislation would create more diversity by permitting more immigrants. That don’t have an H1B visa the opportunity to get a green card. It additionally puts a cap on the total number of H-1B visas that may get green cards every year.

This is extremely important to Florida and guarantees diversity in the workforce that meets broad industry needs while securing American jobs. Any unused green cards at the end of the year can go towards alleviating the H-1B backlog. Securing public security by guaranteeing no Chinese national with ties to the Communist Party of China or Chinese military can meet all requirements for any change of visa status, he said.

“While I recognize the sincerity of all members and senators struggling to find solutions. Unfortunately, the provisions sent to the House by the Senate yesterday most likely make matters worse, not better,” Lofgren said.


“I plan to quickly and insightfully work with my colleagues to resolve outstanding issues and get a measure across the finish line that can pass both houses of Congress,” she said.

Right now, there is a backlog of almost one million foreign nationals and accompanying family members legally residing in the US who have been approved for, and are waiting to get, employment-based green cards. The biggest number of them are from India.

In July, Senator Lee had told the Senate that the backlog for an Indian national to get permanent residency or Green Card is more than 195 years.

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