THE PROPOSED ACT – H.R. 3012 – THE FAIRNESS FOR HIGH SKILLED IMMIGRANTS ACT

Highly skilled immigrants, particularly from India and China, are victims of the strict regulations set by the U.S. immigration policy relating to employment-based visas. The U.S. House of Representatives on 11/29/2011 passed H.R. 3012 – The Fairness for high Skilled Immigrants Act by a vote of 389-15 with no additional amendments. The bill has now moved to the Senate for consideration. It is likely to be approved.

This legislation targets elimination of country–by–country caps on visa availability to skilled workers for obtaining permanent resident status in United States. Once the bill is fully enacted eligible individuals may apply for permanent resident status on a first-come-first basis.

Currently 140,000 employment-based skilled worker green cards are available, and it limits availability to 7% of that allocation to each country. Countries like India and China, which is highly populated, receive an average of 3000 visas in this category annually. Calculating an average period, these countries have a wait list of approximately 65-70 years by the time the visas become available. The new bill will shorten the waiting time by eliminating the limit on the visas.

The Law Offices of Bryan Pu Folkes will keep you posted as more information becomes available. Hopefully, this bill will be enacted and will stop skilled immigrant workers from being forced to leave the United States due to immigration status.