H.R.3012 - Fairness for High-Skilled Immigrants Act

To amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other purposes. view all titles (4)

All Bill Titles

  • Official: To amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other purposes. as introduced.
  • Short: Fairness for High-Skilled Immigrants Act as introduced.
  • Short: Fairness for High-Skilled Immigrants Act of 2011 as reported to house.
  • Short: Fairness for High-Skilled Immigrants Act of 2011 as passed house.

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Displaying 61-90 of 119 total comments.

  • amitkhandelwal 10/27/2011 8:40am

    As mentioned by octavius_20 – This bill will allow the US employment-based immigration system to judge people on skills and merit on a first-come-first-serve basis, without distinguishing by national origin. US employers do not distinguish by national origin and the US employment-based immigration system should not either.

    I agree with this completely.

  • Lzoccoli 10/27/2011 1:03pm

    Please vote NO! The purpose of the country caps is to maintain the diversity of the American culture built over the centuries with immigrants from all over the world. Removing these caps will allow a huge influx of immigrants from overpopulated countries like China and India which will affect the balance of the immigration diversity in the country.

  • Comm_reply
    lost_in_migration 10/27/2011 1:39pm

    For Diversity there are 50000 GCs available through Diversity Lottery visa program for which China and India are not eligible. Employment Based visas should be based only on merit and nothing else.

  • Comm_reply
    octavius_20 11/08/2011 1:53am

    Lzoccoli – your assessment of this bill is wrong. The quota for employment-based immigrants makes up no more than 15% of the total legal immigrant quota. The other 85% still has “per country limits” to maintain “diversity” of incoming immigrants. All this bill does is removes the per country limit for the employment-based immigration category (again, that category is less than 15% of the total legal immigrant quota). So as such, this bill will eliminate the discrimination by national origin of employment-based immigrants without adversely impacting overall “diversity” of incoming immigrants. If you don’t understand the math, I’d recommend visualizing a pie chart and applying what I have said above.

  • contactsmitha 10/27/2011 4:12pm

    This is a right step in the right direction after so long! There are countless bright and hardworking immigrants from India and China who pay taxes and contribute to the economy but are left unsettled by the status of their green cards just because of the country of the origin. I know of many people who are stuck with their employers and cannot get promotion or a salary raise while the person from another immigrant country does not have to go through this because they get their green cards faster. Imagine the plight of the person who has to go to India/china for some family emergency but still has to go through the visa stamping process and if the US consulate rejects he is stuck there. These are issues that a lot of people outside of the India/China immigrant community has not probably dealt with. This bill is a long time due…please support and pass this bill!!!

  • debug 10/27/2011 6:00pm

    With millions of unemployed Americans why do we need to flood the job market with more cheap foreign workers. Help Americans, your citizens first before foreigners.

  • Comm_reply
    nextgenimmi 11/06/2011 9:03am

    we are in line to become the next wave of citizens too. Infact our kids are first generation americans who blend like a melting pot and not like a salad bowl. see folks like you just don’t get the mechanics. engineers build things(silicon/defense equipments etc) in USA. Then we(as in USA) flood the ROW with these products and make our(USA) economy even stronger. Now, in that process the rich get richer(but that’s not the point).
    So help us build this economy. There are atleast 50% immigrants who are not willing to take the risk of buying a house because of green-card issues.
    Imagine the (positive)jolt we can give to this economy if the backlog was cleared in 12-18 months and we were to buy approximately half million dollar houses?

  • vishalbalchandani 10/28/2011 8:05am

    This bill is designed to benefit large bodyshopping IT companies that apply in masses for their employees.
    Will reduce the diversity in “skill set” as it favors a particular industry for particular countries

  • Comm_reply
    nextgenimmi 11/08/2011 12:23pm

    vishalbalchandani – That’s complete baloney ;). This bill is trying to clear the existing backlog in a phased manner. These folks already have jobs.Sure, diversity is always needed and is very important. So using that very same argument, why is there a preference for medical graduates? Why do foreign-born medical graduates have different laws? Do you not need engineers?

    As someone mentioned earlier in these blogs, there’s a diversity category that takes care of this. India/China are not eligible for this category.

    But again I wonder, you don’t mind folks driving cabs in NewYork, who might get there using the very same diversity program. But you mind folks getting their green-cards(in an expedited fashion) who already have jobs?

  • rahulkimmi 10/28/2011 8:48am

    This bill is designed to give green cards to applicants based on skill on a first come first serve basis. Country caps have no place in employment or employment based immigration. This bill does not add a single visa number to the system.

    This bill also increases the country cap from 7% to 15% without increasing a single visa number. This will be helpful to lot of family based immigrants who are separated from their loved ones.

    In addition to making it easier on applicants, it makes America more competitive and upholds american values.

    Thanks for introducing this simple but sensible bill.

  • Comm_reply
    vishalbalchandani 10/28/2011 9:37am

    So how do you propose a check and balance to prevent body shopping companies from applying for a immigrant visa for every Tom Dick & Harry and not clogging up the pipeline for people from their country of origin?

  • Comm_reply
    octavius_20 11/04/2011 1:50am

    Good point. People who work for those body shops typically are low quality. Have their Labor Certifications denied and approve Labor Certifications only for those who have received STEM degrees from well reputed US universities or are directly employed by well-reputed US companies. Besides, I’d imagine that immigrants that slip through the crack from body shops will be in the minority. I do agree though that there should be a check and balance against body shopping for Green Cards, but it should not prevent this bill, which will benefit mostly legit highly skilled immigrants, from passing. Just make the Labor Certification process tougher so that body-shopping companies can’t get their bodies through.

  • Comm_reply
    nextgenimmi 11/08/2011 12:42pm

    There’s something called a L-visa. For the last few years US-consulates have become much stricter and are asking overseas corporations to bring-in folks on a L1-visa. Many corps(goog/msft/jpmc/ibm/etc) get their folks on L1.

    Going forward, H1-B should be issued only to folks who have graduated here in the US. Period. And green cards should be alloted to those same incumbents who have had jobs for atleast 3 years etc. Look at the bill proposed by Sen Schummer et al.

    But this is for future work. Not for us who are in the queue for 5+ years.

    In future please do your homework before posting red herring comments here ;).

  • rahulkimmi 10/28/2011 9:59am

    This is a right step in the right direction after so long! There are countless bright and hardworking immigrants from India and China who pay taxes and contribute to the economy but are left unsettled by the status of their green cards just because of the country of the origin. I know of many people who are stuck with their employers and cannot get promotion or a salary raise while the person from another immigrant country does not have to go through this because they get their green cards faster. Imagine the plight of the person who has to go to India/china for some family emergency but still has to go through the visa stamping process and if the US consulate rejects he is stuck there. These are issues that a lot of people outside of the India/China immigrant community has not probably dealt with. This bill is a long time due…please support and pass this bill!!!

  • rahulkimmi 10/28/2011 10:00am

    Country of origin should have no place in an employment based immigration system. It’s surprising that this discrimination has been going on for so long. Employers care about skills and merit, not where you were born. It’s about time these country limits are removed!

  • ak_gumpina 10/31/2011 5:32pm

    For people who are opposing, I am just one of many examples of how unfair the current system is. 12th year in this country, 9th year in green card queue and still 5 to 10 years to go before I see my green card.

    This bill is very simple. No changes to limits, No changes to requirements, No No to discrimination. This bill simply implements “Queue = First Come First Serve” rule while issuing Employment based Green Cards. By the way, how come a Korean or Finnish employee with same skills set be more valuable than an Indian or Chinese employee? Companies always say they are equal opportunity employer.

    All of those who are waiting in the queue are very high skilled, highly educated, and highly paid “legal” workers working for biggest and brightest companies here in the US.

    PASS the bill ASAP.

  • octavius_20 11/05/2011 5:14am

    For those of you worried that this bill will drive down wages for American workers, it will not. In fact, if this bill is NOT passed, wages will continue to be driven down. Here’s what currently happens: Foreign Worker gets hired by H-1B and works for a company —> Knowing they can’t switch employers while their Green Card is in progress, company takes advantage of foreign worker for several years by paying them a lower salary —> US workers get priced out and wages get driven down. If this bill is passed, US employers will no longer be able to use the Green Card noose as a bargaining chip for 10+ years (since the GC process will be shortened to 2 – 3 years if the bill is passed). Result —> Wages for US and foreign workers alike go back up. Help pass this bill folks. It’s good for the US economy.

  • rnatesan21 11/07/2011 12:38pm

    Please pass this bill. It is good for the US economy.

  • octavius_20 11/07/2011 7:25pm

    Support this bill folks. Here’s an analogy of what you’re going to fix if you pass this bill:

    Telling a highly skilled immigrant that they have to wait several decades longer because of national origin is no different than telling a black man that he has to wait several hours longer to get into a restaurant because of the color of his skin. This bill will fix the system so that highly skilled immigrants get judged on the skills, qualifications, and accomplishments they bring to this country. US employers don’t discriminate by national origin and neither should the US employment-based immigration system. Support this bill.

  • hkp253 11/08/2011 9:52pm

    Please support and pass this bill. It is high time that we give all the due rights to the skilled workers who are helping to improve the economy of this country.

  • nextgenimmi 11/10/2011 12:16pm
    Visa numbers/statistics speak louder than words

    Comment 1:
    Note: Again, H.R. 3012 only helps folks who: i) already have jobs and ii) have been waiting in the residency queue for the last 7+ years.

    We can sit here and keep bashing comments at the keyboard. But that’s not going to cause the truth to surface. So I thought of pointing you to some facts.

    Note: The data is posted by USCIS for public consumption.

    ROW folks: You guys have plenty of head-room in the current (without the 3012 bill) green-card system. go to the latest visa bulletin:
    http://travel.state.gov/visa/bulletin/bulletin_5603.html

    Comment 1: discontinued here because of word length limit.

  • nextgenimmi 11/10/2011 12:19pm
    Visa numbers/statistics speak louder than words

    Comment 1: continued

    ROW folks:
    In the employment based category, notice how the dates are marked ‘C’ (as in current) for everyone except India/China. In layman terms what this means is, if you have an advanced degree in STEM and if your employer is willing to sponsor your green-card then you wouldn’t have to wait in line for the EB2-category. Period. So what are you complaining for? Still don’t trust me? Go to the career-link: google/Microsoft/apple/IBM/oracle/amazon/juniper/cisco/the list goes on.
    A lot of highly–qualified jobs are posted. Go submit your resume.

  • nextgenimmi 11/10/2011 12:26pm

    Visa numbers/statistics speak louder than words

    Comment 2: start

    Dear Senators:

    Please support this bill.
    To better assist you in pitching our case, I have posted some more high-level data after mining the raw-format posted by USCIS. I used a simple computer program to arrive at the numbers.

    Before we look at the numbers, here’s some USCIS lingo.
    1) The public data(PERM application) posted by USCIS contains Certified/Withdrawn/Denied PERM status.
    2) Public data does not mention the class(EB1/EB2/EB3) of the applications. But that’s ok. We just want to get a feel of the per-country statistics.
    3) PERM application – This is the first stage in the green-card process.

    I am only running numbers from year 2007 – 2010. 4 years worth of data is plenty to get a good feel of the current state of affairs.

    Comment 2: discontinued due to word length limit.

  • nextgenimmi 11/10/2011 12:32pm

    Visa numbers/statistics speak louder than words

    Comment 2: <2.1> continued

    legend:
    green-card applications: GCA

    2007:
    total GCA: 98754, certified GCA: 85111, Denied GCA: 10581 Withdrawn:3060 (withdrawn are not so important. So it will be ignored in the next few lines)

    2008:
    total GCA: 61998, certified GCA:49205, Denied GCA: 10729

    2009:
    total GCA: 38247, certified GCA:29502, Denied GCA:5356

    2010:
    total GCA: 81412, certified GCA: 70237, Denied GCA:8439

    Now let’s look at per-country numbers:

    2007:
    India : 24573(28%) , China:6846, Mexica:6442, SKorea:5159, Canada:4837, Philipines:4821, (UK,Taiwan,Pakistan,Colombia,Brazil,Japan,Poland etc):anywhere between 1000-2000

    2008:
    India: 7197(15%), (China/Mexico/…/UK/Taiwan/Poland) : anywhere between 500 -1000

    2009:
    India: 6403(21%), (China/Mexico/…/Poland) : 500 -1000

    2010:
    India:14872(21%), (China/Mexico/../Poland) : 500 – 1000

    Comment 2: <2.1> discontinued due to word length limit.

  • nextgenimmi 11/10/2011 12:36pm

    Visa numbers/statistics speak louder than words

    Comment 2: <2.2> continued

    As the economy dipped, so did the overall applications. Which does make sense.

    From the data above, notice how applications from ROW (rest of the world – Mexico/Philipines/Canada/UK/Taiwan/Poland/etc) are so miniscule that they wouldn’t have to wait in line for the next 5-10 years. And why do I say 5-10 years? That’s because it’s like a credit history. If someone has not been defaulting (on their payments) for the last 10 years then there’s a good probability that they would not default again. Simple mathematical model that we use everyday.

    So putting everything together, H.R. 3012 truly helps is clearing the existing backlog of green-cards. And that too in a phased manner. It does not use a big hammer approach. Period. In addition to that, going forward, it brings a fair rule – first-come-first-serve basis. Which does make sense.

    Thanks for your time.
    Comment2: ends here

  • rahulkimmi 11/10/2011 6:06pm

    Though it is illegal to discriminate based on national origin en employment, employment based green card system discriminates based on country of origin. This hurts US competitiveness as applicants from certain countries has to wait up to 70 years because they are born in a particular country. This bill removes the country limit in employment based green card system giving green cards based on “first come first serve” basis.

    The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. —http://www.eeoc.gov/eeoc/index.cfm

  • rahulkimmi 11/10/2011 6:07pm

    This bill is designed to give green cards to applicants based on skill on a first come first serve basis. Country caps have no place in employment or employment based immigration. This bill does not add a single visa number to the system.

    This bill also increases the country cap from 7% to 15% without increasing a
    single visa number. This will be helpful to lot of family based immigrants who are separated from their loved ones.

    In addition to making it easier on applicants, it makes America more competitive and upholds american values.

    Thanks for introducing this simple but sensible bill.

  • Comm_reply
    raminia 02/02/2012 11:33am

    This bill neither makes the immigration system fair for everyone nor makes America more competitive. Please read to the end to understand why. This bill makes it easier for Chinese and Indians to get a green card and makes it harder for the rest of the world. In other words, it makes US immigration less attractive to the whole world except China and India by forcing the applicants of the all countries to go behind a long queue and wait for years. This makes India and China dominant immigrant exporters in the skilled worker category, and creates a true monopoly (85%). Let me give you an example to understand the problem with this bill: Why in the US presidential election, the states use the system of delegates instead of a single general election? Because of the possibility of the dominance by populated states over the rest of the country. This is unfair and the US does not do that. The same arguments works for this bill and clarifies its unfairness.

  • SamFriend 11/11/2011 6:22pm

    Why the progress of this bill is taking so long, even when Committee of Judiciary experts passed it by Voice Vote for voting in House? My understanding is that, at committee level it takes time, considering, it takes time to analyze the matter by experts, and now that the analysis is done and ready, it should be straight decision making by House and by Senate? Why they are unnecessarily delaying the process? This bill (which is time-critical) hanging there from September. It has been 2 months now and no major progress, yet, eitheway ! ? !

  • SamFriend 11/11/2011 7:19pm

    To Dear Senators,

    US could be holding up growth of its own by discouraging immigrants, based on their ethnic origin. H.R. 3012 is, in reality, fighting for US constitutional rights of no disparity due to race, origin, etc. All who believe in US constitution and growth of US should Vote YES for supporting the bill.

    Bringing High-skilled young immigrants could solve many of fundamental economic problems our county is facing.

    (1) These high-skilled people we are talking about — it would make ourcountry (home) enriched with talent, strong values …
    (2) It’s ready-made talent. US don’t have to spend on education / training cost of these high skilled workers.
    (3) These high skilled worker are not working for competitor’s of US, if US promotes bringing them here, by welcoming it – Yes, disparity based on origin is not welcoming them. Let’s fix it by passing H.R. 3012.

    (Continued in next post…)


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