Bill to Increase Annual H-1B Cap and Eliminate Per Country Annual Limit for Employment-Based Immigration

[Gentle_Boy]

1/28/2018: Senators Hatch and Flake S. 2344 (I-Squared) Bill to Increase Annual H-1B Cap and Eliminate Per Country Annual Limit for Employment-Based Immigration

• This bill has been introduced by Senator Hatch of Utah for a number of years with minor changes to help this country to recruit talented high tech foreign workers. This bill was introduced again on 01/25/2018 in the Senate. One big change is a proposal to eliminate per country limit for employment-based immigration annual limit. If this bill is passed, another pending bill which was introduced over the years by another Congressman in the House from Utah will turn mute. Indian high tech workers have been advocating this House bill for many years without success.
• Summary of Immigration Innovation Act, S. 2344:
  • H–1B Visas:
    -U.S. advanced degrees: Uncaps the existing exemption (currently 20,000) for holders of U.S. master’s degrees or higher from the annual numerical limitation on H–1B visas for individuals who are being sponsored for or who will be sponsored for a green card. 
    -Statutory cap: Increases the annual base allocation of H–1B visas from 65,000 to 85,000. 
    -Market escalator: Creates a market-based escalator to allow the supply of H–1B visas to meet demand. Under the escalator, up to 110,000 additional H–1B visas (for a total of 195,000) may be granted in a fiscal year if certain demand requirements are met. 
    -Lottery prioritization: Prioritizes adjudication of cap-subject H–1B visa petitions for holders of U.S. master’s degrees or higher, holders of foreign Ph.D.’s, and holders of U.S. STEM bachelor degrees.
    -Hoarding penalties: Subjects employers who fail to employ an H–1B worker for more than 3 months during the individual’s first year of work authorization to a penalty. 
    -Prohibitions on replacement: Prohibits employers from hiring an H–1B visa holder with the purpose and intent to replace a U.S. worker. 
    -Work authorization for H–1B spouses and children: Provides work authorization for spouses and dependent children of H–1B visa holders. 
    -Worker mobility: Increases H–1B worker mobility by establishing a grace period during which H–1B visa holders can change jobs without losing legal status. 
    -Dependent employers: Updates 1998 law exempting H–1B dependent employers from certain recruitment and nondisplacement requirements. Raises from $60,000 to $100,000 the H–1B salary level at which the salary-based exemption takes effect. Narrows education-based exemption to H–1B hires with a U.S. Ph.D. Eliminates exemptions for “super-dependent” employers altogether.
  • Green Cards:
    Per-country numerical limits: Eliminates annual per-country limit for employment-based green cards and adjusts per-country caps for family-based green cards. 
    Green card recapture: Enables the recapture of green card numbers that were approved by Congress in previous years but not used. 
    Exemptions from green card cap: Exempts spouses and children of employment-based green card holders, holders of U.S. STEM master’s degrees or higher, and certain individuals with extraordinary ability in the arts and sciences from worldwide numerical caps on employment-based green cards. 
    Worker mobility: Increases worker mobility for individuals on the path to a green card by enabling such individuals to change jobs earlier in the process without losing their place in the green card line.
    Employment-based conditional green cards: Creates new conditional green card category to allow U.S. employers to sponsor university-educated foreign professionals through a separate path from H–1B.
  • Student Visas 
    Dual intent: Enables F–1 student visa holders to seek permanent resident status while a student or during Optional Practical Training (OPT).
  • STEM Education and Worker Training
    Promoting American Ingenuity Account: Increases fees for H–1B visas and employment-based green cards and directs fees toward state-administered grants to promote STEM education and worker training.
• It is interesting to learn that it turns out that the sponsors of bills to remove per country will leave the Congress at the end of this session of the Congress. Senator Hatch and Senator Flake announced earlier that they would not run for the Senate seats in the U.S. Senate in the coming Mid-term National Election in November 2018. The House bill sponsor decided to leave the Congress. This bill is strongly supported and advocated by high tech industry and U.S. Chamber of Commerce, but must overcome two hurdles: One is labor union advocate Senators, including Republican Senator Grassley of Iowa and Democratic Senator Dick Durbin of Illinois. They are two most powerful Senators in the Judiciary Committee in the Senate who have been strongly opposing H and L visas and employment-based immigration legislations. Second hurdle is the President's commitment to Executive Order of Buy American, Hire American and a strong anti foreign worker political platform, even though he emabrassed removal of per country limit in his framework of on-going comprehensive immigration reform. Currently right wing U.S. Senators and the President are strongly advocating the comprehensive immigration reform legislation proposals of Sen. Tom Cotton and Rep. Bob Goodlatte, Chairman of House Judiciary Committee as a chip for bargain for DACA relief legislation before February 8, 2018. Accordingly, legislation removing per country limit in the employment-based immigration and other restrictive comprehensive immigration reform legislation must overcome a strong opposition by Democrats. Unlike 01/20/2018 government shutdown battle which the Democrats were blamed for it using DACA undocumented immigrant relief legislation, the upcoming potential government shutdown after 02/08/2018 may add a heavy burden on Republicans to refute the accusation that the same was not caused by the Republicans. For the reasons, Senator Hatch's proposed bill may have a better chance to make it as a stand-alone bill rather than as a part of the Trump's comprehensive immigration reform proposals. We will see.

[sri_india]

hammayaa , inka vochesinatee GC .... GC card lamination chepinchukovalaa or is it illegal to do that?? 

[boeing747]

3 minutes ago, sri_india said:

hammayaa , inka vochesinatee GC .... GC card lamination chepinchukovalaa or is it illegal to do that?? 

ledu, kavalante duplicates chepinchi india kuda pampachu..

[ronitreddy]

Enni bills propose sestharu..LOL

[Bhai]

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