December 27, 2011 –
U.S House of Representatives passes H.R. 3012, Fairness for High-Skilled Immigrants Act of 2011 Sen. Grassley’s “Hold” holds up consideration in the Senate

Many employers who have sponsored high-skilled foreign nationals for employment based immigrant visas (“green cards”) are aware of the long waiting periods for immigrant visas due to the annual numerical quotas under the Immigration and Nationality Act (“INA”). Due to the current “per country numerical limits”, which are part of the immigrant quota system, waits are particularly acute for high-skilled Indian and Chinese nationals. In order to alleviate such waiting periods for high-skilled Indian and Chinese nationals in the green card process, the U.S. House of Representatives recently passed H.R. 3012, Fairness for High-Skilled Immigrants Act of 2011(“the Bill”). The Bill, which passed 389-15, aims to amend the INA so as to: 1) eliminate per-country numerical limitations for employment-based immigrants, and to 2)  increase the per country numerical limitations for family based immigrants from 7% to 15% of the total number of family-sponsored visas.

The maximum number of immigrant visas issued per fiscal year by the U.S. Department of State (“DOS”) is divided into three categories: employment-based, family-sponsored, and diversity immigrants. Currently, the DOS issues approximately 140,000 employment-based visas, with no country receiving more than 7% of the total number of immigrant visas given out. H.R. 3012 would eliminate the 7% per country cap and instead, employment-based immigrant visas would be issued on a first-come, first-served basis. Representative Jason Chaffetz, the Bill’s  Sponsor, states that the Bill , “does encourage high-skilled immigrants who were educated in the U.S. to stay and help build our economy rather than using the skills they learned here to aid our competitor nations.”

H.R. 3012 also aims to raise the family-based per-country limitations from 7% to 15%. Currently, the DOS issues 480,000 family-based visas, less those issued to immediate relatives, plus unused employment-based visas per fiscal year. (Immediate relative petitions are those restricted to children, spouses and parents of United States citizens.)

On November 30, 2011 Senator Grassley, placed a “hold” on H.R. 3012 in order to delay consideration of the Bill  in the Senate. On December 15, 2011, in return for a release of his “hold” on consideration of the Bill by the Senate, Senator Grassley proposed an amendment to the Bill which included elimination of the family per county limit increase and reducing the employment based per country limit to 15%. Additionally, his proposed amendment would eliminate the diversity visa program and add provisions to increase enforcement and U.S. worker protections to the H-1B and L-1 visa programs.

Due to objections to Senator Grassley’s proposed amendment, his “hold” on the Bill remains active. At this time, it is unclear how long Senator Grassley will maintain his “hold” on the Bill. Gunster will continue to provide updates and monitor the Bill as it moves through the Senate.

For more information, please click on the following links:

H.R. 3012, Fairness for High-Skilled Immigrants Act of 2011
H.R. 3012, Bill Summary & Status