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 1-30 of 118 total comments.

crookshanks 10/15/2011 7:38pm
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+ 25

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!

tolystoy 10/17/2011 7:47am
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+ 24

Imagine having an approved green card petition and then waiting for decades to get it just because you were born in a certain country. Oh and meanwhile you can’t change jobs, accept promotions, start companies, buy a house, travel abroad and you have to renew your driver’s license every year. How can an immigration system be so broken for so long? Pass this bill right now!

eagle123 10/18/2011 4:59pm
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+ 12

Employment based green cards are based on employment, which is based on skill and talent. How is country of birth relevant?

The existing system is unfair. It is not fair that a person from a non-backlogged country who is 10 years old today, can grow up and immigrate to this country and get their green cards before someone from a backlogged country who is already in the queue for the past 10 years as of today.

This is a bill in the right direction. Country of birth should not be a factor in employment based green cards, which constitute only 14% of the overall green cards issued.

This fix makes the system fair by ensuring that in employment based green cards, the person who applied first will get their green card before the person who applied after them.

This is brilliant because it is able to reduce the backlogs without increasing any green cards.

This bill will ensure that everyone will wait the same for employment GC regardless of where they are born. I support this bill.

kripal 10/12/2011 6:19pm
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+ 11

Are we are living in a post racial world ? About time me remove country of origin / race from legal immigration .

stanthecaddy 10/15/2011 7:51pm
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+ 10

This rule was basically inherited from Family Based & Diversity visa categories, they have no place in an employment based visa system. The US needs to bring in the best & brightest folks from the world, no matter what country they are from. This has caused an unfair backlog for some people. Its high time its made into a just first come, first serve system.

kripal 10/12/2011 6:20pm

Are we are living in a post racial world ? About time we remove country of origin / race from legal immigration .

PGW182 10/17/2011 10:04am

To remain a leader in an increasingly competitive world and foster the creation of new jobs in the economy, America must attract and keep the best, brightest, and hardest working people from around the world. Making these high skilled immmigrants wait decades because of an archiac country of origin rule and restricting them from performing upto their full potential, will only drive them back to their home countries. This bill is a no-brainer. It does not add any new numbers to the current allotment of annual green cards, just makes it a fair system based on first come first served.

octavius_20 10/25/2011 2:07pm
in reply to dalars Oct 21, 2011 8:35pm

Your assessment of the bill is wrong. First, this bill will not benefit anyone from Pakistan. In fact, in the EB-2 category, there is no wait for people of Pakistani origin, effectively making the system prefer a Pakistani over an Indian worker. 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.

rahulkimmi 10/17/2011 11:04am

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

greatlabs 10/18/2011 5:20pm

This is an excellent bill. The country limits are unfair.

Recently I met a woman who was born in China, one of the backlogged countries, but moved to Canada when she was a year old. The grew up in Canada and is a Canadian citizen.

But now when she goes through the green card process, she is put under China category and will wait for anywhere between 5 to 10 years to get her green card.

Whereas another person from another non-backlogged country can get their green cards in less than a year. This means someone from non backlogged country with the same skills, talent,education and doing the same job with the same employer will get their green card in a year while my friend waits for 10 years to get the same green card.

Why is country of birth relevant to employment based green cards which are based on skills and talent?

This bill fixes that and brings fairness to the system so that those who appply first get their green cards before those who apply after them.

prasannam 10/25/2011 4:35pm

In support:
I noticed that people who oppose the bill have concerns about people benefitting from this bill will work for less wages than an American citizen and/or taking over the jobs of American people. Just few points to make this clear.

  • People waiting in the queue have passed through DOL’s wage verification process to make sure approprite wages are provided to the skilled immigrants.
  • Immigrants are elligible for green card process only after making sure that there is no American citizen with the same skill set.
  • Issue here is the delay in green card process for thousands of legal immigrants who are in the US for 5 to 10 years and still waiting to get the green card.
  • Most of them have done their higher education in the US,have kids born in the US,enrolled in schools,pay all taxes but because of this wait they cannot switch jobs,go abroad,no promotions,visa/Driver license renewals every year and above all have the insecure feeling about the future.
eagle123 10/18/2011 5:04pm

Please support this bill. It brings fairness to the system.

waitingfgc 10/25/2011 6:55am

India and China probably consume the greatest number of H1b visas sponsored by research organizations (educational) or corporate bodies. Why? Why not have a quota system there? Simply because the ROW will not be able to supply enough to cover the demand (it has not, cannot now and will not in the future). If India and China supplies the greates numbers of students/researchers/techies to the US then why is there a 7% restriction for permanent residency cards?? Give me one justification. Show me one corporation/educational institution/research organization that has a per country quota for hiring workers. Dear members of congress (house/senate) and the support staff, please realize that this is nothing but a big mistake and HR3012 will correct this mistake. This would be a small but important step in the move towards a better immigration system. Many applicants from ROW (rest of the world) are negative about this bill for purely selfish reasons.

waitingfgc 10/20/2011 12:55pm

Have been waiting for 7 years now. Have money but cannot buy a house, new car nor cannot invest in any private business activity. All because I am a highly skilled employment based immigration applicant from the backlogged country “India”. I strongly support HR3012 and thank the Representatives who introduced and support this bill.

lost_in_migration 10/27/2011 1:39pm
in reply to Lzoccoli Oct 27, 2011 1:03pm

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.

gnathan 10/18/2011 5:08pm

This is an excellent fix that brings fairness to the system.

eagle123 10/18/2011 5:03pm
in reply to deepakdewangan123 Oct 18, 2011 12:44am

Actually this bill addresses the issue you are talking about. Current system is based on country of birth.

This bill ensures that people in employment based green card are not differentiated based on country of birth. Support this bill.

nextgenimmi 12/08/2011 4:48pm
in reply to gk50 Dec 08, 2011 9:54am

can you define the meaning of entire family? The last time I checked it would be – the primary applicant, his/her spouse(Ignore the kids because if the kids are born here then they are naturalized by birth). So when you say entire family even your ‘immigrant-from-other-country’ may have a spouse. That applicant would eat up one GC too. Unless you feel that Indian applicants have more than 1 spouse, huh ;) ?. Alimony is expensive in USA my friend.

Look at the application numbers from your ‘other-countries’. The fact that there has been no wait for quite some time from those countries implies they are processed and are all set. They are just not interested in coming here. Otherwise you would have seen quite a lot of (and back logged)applications from those countries.

I can’t believe you are blogging on open-congress with such lame reasoning.

Sasikiranr 12/02/2011 10:24pm

it is great and Quite OK if Indians and Chinese wait 12 years. Not OK if Australians and Europeans do. Another inventive reason to discriminate. This is getting better. This creativity at least suggests that the initial “discrimination” argument has fallen flat.

gk50 12/08/2011 9:54am
in reply to PGW182 Oct 17, 2011 10:04am

It is true that the bill will not add new numbers to the current lot. In fact, what it does is tilt the balance over to Indian applicants who dominate the application pool. In most cases, they have their entire family here and use up several GC’s for their immediate family members. This in turn takes away from highly skilled immigrants from other countries and kicks diversity in the teeth.

This bill is not about fairness in the EB realm and only helps a small group of people while negatively affecting the majority.

NO to H.R 3012!

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.

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.

jgeo 10/26/2011 1:21pm

Please VOTE YES.

It is unfair for an EB3 waiting for 10 years or more while EB2s get the preferrential treatment with all the VISAS alloted to them from the EB1 overflow! FY2007, 2008,2009 had over 12000 Visas each year from EB1 granted only to EB2.Time to stop this Nonsense and also the country quotas and make it FIRST come FIRST served. If USCIS wants to restrict Green cards, then do so at the NON-immigrant Visa level. This is turning out to be more like a Lottery and playing with people’s lives!

parasharamit 10/18/2011 3:32pm

Why do we have limits. More over these limits are not in proportion of the population of the country. There should not be any limit for skilled manpower. I appreciate the congressman for bringing out this bill.

Regards,
Amit

bayboy007 10/21/2011 8:16pm

I am surprised how this “quota based on country of origin” in employment category has managed to exist in the law for so long. Can employers limit hiring based on “country of origin”? If not, then no other law related to employment should have this limit.

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!!!

geeaarpee 10/20/2011 2:29pm

I support this bill. Have been waiting in the queue for more than 6 years, country of birth shouldn’t be a barrier for this.

dalars 10/21/2011 8:35pm
in reply to stanthecaddy Oct 15, 2011 7:51pm

This bill is to bring in IT techs and engineers and scientists from India and Pakistan, who speak and read our language but earn HALF of what we do!
Train Americans to do it.
Help them move to where the work IS!

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.

remya712 11/03/2011 6:06pm
in reply to PaulSiraisi Oct 23, 2011 8:07pm

Country you like better makes no sense here – that is discrimination. So basically a person from Iraq, Afghanistan or Pakistan can get a green card in a year or less, while a person from India or china has to wait for 7-10 years. So does that mean you like the former countries better?

employment based GCs should be based only on job skills may they screen better for those skills instead of limiting by screening for country of birth.


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