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.

  • kripal 10/12/2011 6:19pm
    Link Reply
    + 11

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

  • 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 .

  • crookshanks 10/15/2011 7:38pm
    Link Reply
    + 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!

  • stanthecaddy 10/15/2011 7:51pm
    Link Reply
    + 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.

  • Comm_reply
    pragms 10/21/2011 9:06am

    The employment category is based on skill not based on country; the barrier doesn’t make sense at all.

  • Comm_reply
    dalars 10/21/2011 8:35pm

    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!

  • Comm_reply
    octavius_20 10/25/2011 2:07pm

    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.

  • Comm_reply
    iredkozubov 11/28/2011 1:43pm

    So who’s going to create this new “skill judging” system?

  • Comm_reply
    venna 12/01/2011 10:04am

    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.

  • tolystoy 10/17/2011 7:47am
    Link Reply
    + 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!

  • 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.

  • Comm_reply
    Ajscott123 11/16/2011 10:25am

    I would agree. Additionally, however, I think it is equally important to be concerned and invested in the rapid improvement of our education system.

  • Comm_reply
    Oldentimes 11/18/2011 1:45am

    In addition to the green cards, the government issued 881,840 temporary work visas and gave refugee or asylum status to 96,721 aliens. The total increase to the American workforce was 1.75 million foreign workers. According to the Census Bureau, 1 out of every 6 workers is foreign born.

    Source: Immigration Skyrockets as Americans Lose Their Jobs
    by Virgil Goode

  • Comm_reply
    gk50 12/08/2011 9:54am

    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!

  • Comm_reply
    nextgenimmi 12/08/2011 4:48pm

    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.

  • Comm_reply
    jpauche 01/12/2012 4:07pm

    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.

  • Comm_reply
    vishalgupta2 02/14/2012 11:51am

    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.

  • Comm_reply
    alexigrushkin 10/04/2012 4:21pm

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

  • 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

  • deepakdewangan123 10/18/2011 12:44am

    Logically this bill does not make sense.
    Employment based green cards accounts for a tiny fraction of all green cards issued every year.
    People waiting for employment based green card should not be differentiated on the basis of their birth of their country.

  • Comm_reply
    eagle123 10/18/2011 5:03pm

    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.

  • Comm_reply
    iredkozubov 11/28/2011 1:46pm

    Current system insures the fair diversity. That means that even amount of visa’s issued to all countries. With the new system countries with bigger populations (India, China, etc..) will get an advantage over other countries, as they would consume the most amount of visas.

  • Comm_reply
    nextgenimmi 11/29/2011 1:07pm

    The bill also tries to increase per-country limit for family based immigration that will benefit Mexico/Philippines. Why aren’t you complaining about that? So it seems like a uni-directional bashing towards India/China?
    Let’s focus on building the next big thing, shall we?

    Does the current system really ensure fairness? As someone quoted earlier, if you walk into a restaurant, then should you be asked to wait just because of your ethnicity?

    Let the best talent win. Talk to any silicon valley or high-tech recruiter and he/she will tell you that they recruit candidates based on their skill-sets and not on their country of origin. Diversity in a high-tech
    company comes from diverse: skill-sets, disciplines(math,Computer Science,Electrical engineering,operations research and so on), experiences/stints.

    You need diverse cooks/chefs(from mainland) in a continental kitchen in order to make a traditional entree. This doesn’t hold true for engineering jobs.

  • 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.


  • eagle123 10/18/2011 4:59pm
    Link Reply
    + 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.

  • eagle123 10/18/2011 5:04pm

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

  • gnathan 10/18/2011 5:08pm

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

  • 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.

  • Comm_reply
    PaulSiraisi 10/23/2011 8:07pm

    If the skills, talent and education are the same, then why is it unfair if we take someone from a country we like better?

  • Comm_reply
    remya712 11/03/2011 6:06pm

    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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