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 119 total comments.

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…

brower 09/24/2012 6:08pm

This legislation will favor Chinese and Indian workers. I have no issue with such people looking for a better life in the U.S., but as it is now it is at the expense of the American quality of life: such workers are paid significantly less than American counterparts, and are often subject to more over time, being perpetually on call, etc etc.

Plenty of studies make this transparent. E.g.

If any regulation is needed in this area, it is that which gives these workers equal compensation to the Americans they are displacing (whether Americans are entitled to having priority for these jobs is a completely different issue). But if such regulation were on the table, then special interests would no longer contribute $100,000s to the bill’s supporters—instead giving it to their competitors

Again, the issue is money in politics. The solution is Disclose Act, repeal of Citizens United, Publicly funded Elections.

sxfx 08/04/2012 4:40am

The bill eliminates diversity in the skilled immigrant categories. It benefits India and China but is detrimental to immigrants from every other country in the world. For every Indian or Chinese worker who sees their green card wait shortened, an immigrant from Canada, Australia, any European country, Japan, Brazil, Malaysia (the list goes on and on…) will see their wait time correspondingly lengthen.

China and India, the largest two nations on earth, have enough people to completely overwhelm the immigration system. If HR.3012 passes, immigrants from smaller countries don’t stand a chance.

This bill is ill-conceived legislation and it deserves to fail.

NOHR3012 06/25/2012 2:28am

Lies spread by HR 3012 proponents:
- India/China only gets 7% employment visa:
WRONG! Every year India alone gets 21-22% visas- because unused visas from other categories fall in their pocket.
- HR 3012 reforms the employment based immigration for better:
WRONG! It practically allocates pretty much all visas to India and China only for the next three years- all other countries will suffer a 6 year additional wait time on the average.
- Some green card applicants from India may suffer a 70 year waiting period:
WRONG! The worst category in employment based immigration has a waiting period of 9 years now, which will be further reduced as a direct consequence of the visa spillover rule.
- HR 3012 will bring fairness to immigration by eliminating country limits:
WRONG! The bill will be unfair to those from all other countries facing an additional 5/6 years of waiting period.
The educated workforce diversity will be at stake.

DrGeneNelson 03/21/2012 2:26am

Some posters made false claims that immigration law protects the career interests of American citizen technical professionals. Here is a powerful rebuttal:
Scamming Immigration Attorneys at Cohen & Grigsby (C&G) Screen Out Americans

This has become an incredibly popular video. There have been 408,299 views since June 16, 2007. Remember this is a video summary of C&G’s 2007 immigration presentation. Also, as the Department of Labor Strategic Plan Fiscal Years 2006-2011, available for download from Scribd.com, notes on pages 34-35, these protections do NOT apply to American workers being displaced by H-1Bs about 99% of the time. The employer can force the departing US worker to train their replacement as a condition of receiving their meager outplacement benefit. More than 37 million work visa admissions in just 5 high-skill programs between 1975-2010. The consequence is that millions of Americans are impoverished – Some die prematurely.

DrGeneNelson 03/21/2012 1:52am

Look at the big money that is attempting to procure passage of this bill. One pair of names that jumps out is Microsoft and their proxy, the Business Software Alliance. If this bill passes, populous nations such as India and China will dominate employment-based green cards. What this bill does is to make H-1B Visas from China or India worth more, since a key incentive is U.S. citizenship, which employers like Microsoft are monetizing for immigrants. Of course, the millions of Americans whose technology careers are trashed by the importation of hordes of “fresh young blood” are ignored by the elites. At the root of this legislation is political corruption. See my 2007 report, The Greedy Gates Immigration Gambit and my 2005 report American Colleges Have Become Career Destruction Factories You will learn that corrupt lobbyist Jack A. Abramoff & his team were hired by Microsoft in 1994. Let’s put Americans back to work. NO to HR3012 !

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.

raminia 02/02/2012 11:33am
in reply to rahulkimmi Nov 10, 2011 6:07pm

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.

Americafirst 02/01/2012 8:21pm
in reply to venna Dec 01, 2011 10:10am

What do you say to the US Citizen that wants that house? In his OWN country!
Go home. Go FUCK yourself.

Americafirst 02/01/2012 8:19pm

The last thing AMERICA needs is MORE FOREIGN SCUM in USA. We cant seem to get rid of the FOREIGN CRIMINALS we have now!! We sure as hell dont need more of them! We lose 80,000 USA jobs per month to the legal foreigners alone!
My citizenship matters! When it does not – its civil war time!

New law- any US citizen can take a foreigners job at any time.

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.

jpauche 01/12/2012 4:04pm
in reply to 4candid Jan 11, 2012 11:06pm

What about the H1B fraud that indian consultant firms are doing. People dont even have jobs but they file the H1B and sponsor them in EB2. How can we stop that? Why do we need more fraud Indian people and stop people from rest of the world coming to US.

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.

rajgauravtiwari 12/27/2011 11:52am

Understandable people respond negatively to such a critical bill at a time for record unemployment. However, American economy is slowly but surely recuperating and with the recent string of reformist measures in Europe – 2012 is looking like much more pragmatic and less risky place. I’m confident US unemployment will drop to 5-6 % by July 2012.
However, every month delayed on this bill is excruciating especially for those with High talents and skills and who are contributing hugely to the American Intellectual and Competition industry in high skilled jobs! Waiting a decade on a lifeline is something that is impossible for someone not on such a wait created artifically longer because of per-country limits!

Imagine not being able to purchase your own house for years because you dont know when you’re time is up during the long wait for the Green Card! I do hope Senator Chuck Grassley looks beyond his viewpoint – this bill doesnt increase the core numbers – there’s no danger to US jobs.

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.

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!

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.

ak_gumpina 12/02/2011 4:16pm

“The Fairness for High-Skilled Immigrants Act of 2011” does not raise the number of visas issued annually, but, by removing the limit on the number of visas issued to individuals from any one country, would begin to reduce the backlog of Indian and Chinese immigrants who currently have longer waiting times than other nationalities. Not coincidently, immigrants from these countries hail from the two most populous nations in the world, with economies that have risen as global competitors over the last decade. They also have some of the highest levels of educational attainment and income among immigrants in the United States. Bottom line: the migrants who would most benefit from this bill are viewed as the cream of the crop.

nextgenimmi 12/02/2011 12:00pm
in reply to ChateauSwan Dec 01, 2011 7:25pm

Occupy US? Really? These aren’t FOBs who came here 6 months ago.

As someone quoted – We are talking about giving green cards to those who are legally in this country. They drive on the same roads as others, pay the same taxes, their children go to the same school as others. All we are talking about is changing their status from temporary to a permanent resident. So where are we losing diversity? About unemployment – giving them a GC does not mean they will take up a new job. They are already working. So the overall employment number remains the same.

And now if you are complaining about unfairness in the game, where in the world do you think a first-come-first-served(FIFO queue – first in first out) rule is wrong?

India and China are excluded from the diversity visa (DV) program. The DV folks who come here often rely on welfare benefits. Don’t they hurt our welfare funds? Funds which are actually needed for senior citizens. Why don’t you raise your voice then?

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) ;).

nextgenimmi 12/02/2011 11:33am
in reply to ChateauSwan Dec 01, 2011 7:38pm

In response to “I am with you. If the Indian posters really think they are “highly-skilled”, why dont they apply for EB-1, which is current for them?”

let me tell you how the industry actually works because you seem to be living in a disney world.

EB1-worthy candidates can sponsor themselves. They don’t need an employer.

EB2/EB3 – it doesn’t really depend on what you want but rather what your employer wants. They will put you in the EB3 queue because the wait is longer and you will be forced to work for them.

So, it’s now always about what you want and what you can do.

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.

ChateauSwan 12/01/2011 7:38pm
in reply to dalars Oct 21, 2011 8:40pm

I am with you. If the Indian posters really think they are “highly-skilled”, why dont they apply for EB-1, which is current for them?

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?

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.

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 :).

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

venna 12/01/2011 10:10am

I want to buy a house but cannot because i am from a backlogged countries,I know many people who wants to buy houses cannot becuase they are uncertain about their future and are waiting for more than 6 to 7 years.

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.

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.


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