Congressman Jason Chaffetz (R-UT) has just introduced HR 3012, The Fairness for High Skilled Immigrants Act. The bill, if passed into law, would eliminate the per country numerical limitation for employment-based immigrants. The Immigration and Nationality Act generally provides that the total number of employment-based immigrant visas made available to natives of any foreign country in a year cannot exceed 7% of the total number of such visas made available in that year. The bill eliminates this per country percentage cap.
If passed, the Act greatly improves the processing times for Indian and Chinese green card applicants. An unintended consequence of the Act likely would be the slowing of processing for natives of all countries.
The Act is supported by the US Chamber of Commerce, Compete America (a coalition of high tech companies (Microsoft, Google, Oracle, etc.) and various trade groups. The Act has been the primary motivation behind Immigration Voice.
The Act is co-sponsored by House Judiciary Chairman Lamar Smith (R-TX).The bill also adjusts family based visa limits from 7% per country to 15% per country.
Before the Act can become law, it will have to attract more co-sponsors and be recommended for a vote in the US House of Representatives. Once it passes the House, the Act will have to be passed by the US Senate. President Obama almost certainly would sign the Act into law.
Chris Musillo is a partner at the law firm. He had served as an Associate since his graduation from the University of Cincinnati College of Law in 1998. Prior to law school, Chris spent three years working for a mid-sized New York City Financial Consulting firm. He is a graduate of Villanova University, Villanova, Pennsylvania.