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 91-119 of 119 total comments.

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

alexigrushkin 10/04/2012 4:21pm
in reply to vishalgupta2 Feb 14, 2012 11:51am

In 5 years that person becomes a citizen and guess what happens then…

vishalgupta2 02/14/2012 11:51am
in reply to jpauche Jan 12, 2012 4:07pm

I am sorry, but I have to tell you that you are totally wrong. Green cards under EB are only given to immediate family. There is no possible way to get green cards for parents, brothers, sister and their families.

The same applies to work visa (H1B/L1) also. Only the applicant and his/her immediate family can come to US.

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.

SamFriend 11/11/2011 7:20pm

(Continued from previous post…)

(4) These high skilled workers will be working (because, that is how they get Green Card) legally in US. Most of these works have high-salaried jobs like more than $65K per annum, meaning, US would be immediately getting source of Tax Income and SSN income to fix our short-term deficit problems. It will not that big of amount, but would be much better than borrowing these small amounts from other countries and then making our citizens to pay for it, at high interest.
(5) These high-skilled workers would be surely buying home, bcoz majority or almost all of them are middle-age with family and working, so home—buying would go and so as our real-estate.
(6) These high-skilled people would not be burden at all — they would be in fact our customers for buying consumables + luxury items for their own life. This would add sales tax + other sales revenue.

(Continued in next post…)

nextgenimmi 12/01/2011 12:37pm
in reply to bobbymm Dec 01, 2011 11:31am

mr bobbymm:
why invest in a house if the residency card isn’t approved? If for whatever reason the green-card doesn’t get approved then the individual will have to go back to his/her home-country. Guess what will happen to that home-loan then? DEFAULT. Which we don’t want to happen :).

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.

ChateauSwan 12/01/2011 7:25pm

It is a “Occupy US” movement led by only Indians, hurting all other immigrants (probably not Chinese).

Essentially, it is an issue about the definition of fairness. Companies should treat all individual employees equally, but should the States treat other countries equally?

In addition, green cards do not affect employment status too much. It is H1-B visa’s business.

bobbymm 12/01/2011 11:31am
in reply to waitingfgc Oct 20, 2011 12:55pm

Who said you cannot buy house and car. Don’t be stupid

nextgenimmi 12/02/2011 11:46am
in reply to ChateauSwan Dec 01, 2011 7:31pm

Sell a house in 2-3 months? wow, you are making it sound like selling a used book-shelf on ebay/craigslist. Oh, by the way to there’s something called life insurance to protect yourself from forseeable accidents.So use a good example to prove your point.

And your post speaks about your ignorance. There are too many legal implications about changing your state-residence/employer in midst of the process. You seem to be one of those guys who has bloggish knowledge(knowledge gained just by reading blogs) ;).

SamFriend 11/11/2011 7:20pm

(Continued from previous post…)

(7) These entire spending spree from them would encourage our economy, which then would / could create other jobs for many others, including US citizens.
(8) Immigrants leave their home, their roots etc to come to US, so they come with dream — dream like inventing Google, Facebook, and so many other companies which is now fueling our country’s growth.

This doesn’t need any smart brain to understand … Why we would want to delay any idea which would fix our own problem, in a way, and can give us good credibility? Why would we want to delay welcoming these talents, and that too, based on their origin !! Time for us to take sensible actions … by passing this H.R. 3012 bill. .. and many other similar bill supporting Legal and talented Immigrants helping our country.

God Bless United Sates of America.

(End of the Post)

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…)

Support_HR3012 10/21/2011 3:10pm

When we deal in getting highly qualified talent from all across the world, rightfully we do not put country based quota on H1B visa or other visa.
That way we make sure we get brightest talents coming to USA irrespective of there country of origin. Then why can we not treat them equally and fairly, and not based on there country of origin when we are giving them employment based Green card.
Please remove country based quota and support HR3012, so that we can retain the talent pool here in USA.

ChateauSwan 12/01/2011 7:41pm
in reply to jgeo Oct 26, 2011 1:29pm

Even if you applied for EB-3, you should have gotten your green card within 10 years, as long as you did not make any mistakes in the filing process.

nextgenimmi 11/29/2011 6:59pm

389:15. The house just passed the bill! Thanks to everyone who supported this bill!

Dear Senators,

Please support this bill on the senate floor.


nextgenimmi 11/23/2011 1:43pm

Dear Senators,

It was clear from yesterday’s Republican debate that everybody (Romney,Newt,Bachmann,Santorum) supported legal immigration. This was in response to a specific question with regards to retaining highly skilled immigrants.

Immigration doesn’t affect just the mental state but also future aspirations of an individual.Reverse brain drain is yet another angle to it. For more data on reverse brain drain please go to:


Now taking another angle. Roughly 100,000+(number is under-estimated but stating just to prove the point) highly skilled immigrants haven’t bought a house because they are backlogged.

Simple math:
low range :50,000 * $250,000 (minimum cost of the house)
:$12.5 Billion
high range:100,000 * $500,000
:$50+ Billion

Not trying to sell it this way but should we just ignore this positive cash influx?
Please support this bill.


vishalbalchandani 10/28/2011 9:37am
in reply to rahulkimmi Oct 28, 2011 8:48am

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?

venna 12/01/2011 10:04am
in reply to dalars Oct 21, 2011 8:35pm

YOu understanding is wrong,This bill only removes the country limitation and treat people from all the countries same irrespective of what country they are from and which is fair and not biased .This bill does not increase or decrease the number of GC’s given per a year.

4candid 01/11/2012 11:06pm

“Many professionals from India and China working in US, invest their savings abroad as they are not sure if they can ever get a GreenCard in near future. Most of them don’t even buy a house in US as they are not sure about their immigration status. Anyway we are hiring them, why not use their savings to stimulate our economy by providing them permanent resident status so that they can invest in US with confidence.” Pls support HR3012.

ChateauSwan 12/01/2011 7:31pm
in reply to venna Dec 01, 2011 10:10am

That’s a bad excuse. At least you can sell the house any time if you are going to be deported.

It is also possible that you will end in a potential accident tomorrow, so that you will never not buy a house on the earth?

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.

Spam Comment

rahulkimmi 11/23/2011 9:09am

Country of birth does not matter when it comes to skilled immigration. Only skills matter. Countries like India and China who provide most number of skilled immigrants are limited to 7% of the total EB immigrant visas. They are excluded from 93% of visas. That makes no sense from competitive stand point for US. As people from these countries get disappointed with the long wait, they tend to move to their home countries, creating competitors abroad.

It is in the best interest of US to remove country caps in EB immigration. This bill also increases family bases quota from 7% to 15%. Interesting thing about this bill, it does not add a single visa to the system.

jpauche 01/12/2012 4:07pm
in reply to gk50 Dec 08, 2011 9:54am

When a person from India comes to US he not only brings his wife and kids, but also their parents, brothers, sisters, their families who all consume visa. Where as when a person from rest of the world comes he only brings his immediate family not the whole neighborhood.

JohnAdams77 10/24/2011 5:02pm

Please vote NO.

Simply put, this bill does not solve the employment based immigration retrogression issue. This bill is basically just moving the problem from the left pocket to the right pocket. HR 3012 will only takes green cards from ROW (Rest of the World) and give them to immigrants from India. Further, this bill will only benefit people from India with older priority dates, Indians with newer priority date will still have to wait many many years.

In the end it’s just gonna be 15 years waiting for A, 14 years waiting for B and on and on.

This bill is about spreading pain and not about solving issue. Please vote NO.

What we need is visa recapture for employment based green cards.

octavius_20 11/04/2011 1:50am
in reply to vishalbalchandani Oct 28, 2011 9:37am

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.

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:

Comment 1: discontinued here because of word length limit.

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.

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

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