The United States government has announced a plan to overhaul its immigration system by 2021. The changes are aimed at attracting highly skilled workers from around the world and will also address some of the primary concerns of low-skilled and mid-skilled immigrants.
In this article, we will discuss the current state of U.S. immigration reform and its implications for foreign skilled workers. We’ll also provide some tips on how you can navigate the process with greater ease to ensure your application is approved as quickly and smoothly as possible.
In 2016, Congress passed a bill called the H-1B Visa Reform Act of 2016 (HR 6691). The HR 6691 bill was signed into law by then-President Obama in December 2016 and came into effect on 9 March 2018. This article provides an overview of these changes with an emphasis on their impact on applicants who are looking to work in the United States using an H-1B visa or green card-based employment authorization document (EAD).
1. Increase in the Total Number of Visas
The first step in reforming the U.S. immigration system is to increase the total number of visas available for foreign skilled workers. The United States has a cap on these visas, which is currently set at 140,000 per year with no increases allowed.
To promote economic growth and job creation, we must increase this number significantly to allow more foreign skilled workers into our country. This could potentially be done by increasing the cap above 140,000 in one or several steps over several years until we reach 180,000 or above (the current average demand).
If this happens gradually over time instead of suddenly when we hit a certain target number, it will allow businesses that rely heavily on immigrant labor to have time to adjust and plan accordingly so as not to lose productivity or revenue due to sudden changes in policy or enforcement actions by federal agencies like Immigration & Customs Enforcement (ICE).
2. Visa Preference System Improvements
The visa preference system is a hierarchy of categories for immigration. It’s based on family relationships, employment/job skills, and humanitarian reasons.
The basic principle of the current visa allocation system is that visas are allocated based on the order in which applications were received by USCIS. This means that if you have a first preference family relationship, such as a spouse or parent of a U.S. citizen, it will be much easier for you to get an immigrant visa than someone who doesn’t have this type of relationship with a U.S. citizen or lawful permanent resident (LPR).
3. No More ”Country Caps”
The United States has a long history of being an immigrant-friendly country, but there has always been one exception to this rule: the country cap.
The Immigration Act of 1990 introduced a system that limited the number of visas issued to immigrants from any one country to 7% of the total number available in a given year, regardless of how many people from that country applied for them. This had a particularly negative impact on countries with large populations and low per capita income—countries like India, China, and Mexico were already experiencing high demand for visas.
4. Per-Country Limitation Increase
The per-country limitation is currently set at 7% of the total number of employment-based green cards available. This limit has not been changed since 1990, but it will be increased to 15% of the total number of employment-based green cards.
The change in this limit may not seem like a huge deal, but it’s important to understand what it means for you as a skilled worker seeking legal status in the United States.
5. Green Card Limitation Increase
The H-1B visa cap will also increase. This is good news for foreign skilled workers and their employers, as the number of employment-based green cards will increase by 15,000 each year for the next five years.
The per-country cap for employment-based green cards will increase from 7% to 15%. As of now, if you are from China or India and have applied for an EB1 green card (the highest priority), your chances are very slim because these two countries have a combined total of about 70% of all EB1 applications every year.
6. More Employment-Based Green Cards – Temporary Worker Visas
The H-1B visa is a temporary work visa that allows foreign workers to legally enter the United States and apply for employment.
This visa is granted to foreign workers in specialty occupations, who are not eligible for permanent residence status. The following list describes the types of jobs that qualify as “specialty occupations”:
- Computer-related occupations;
- Engineering;
- Science; and
- Medical professions.
7. Reduce Wait Times For Employment-Based Immigrants With Degrees in STEM (Science, Technology, Engineering, and Math) from U.S. Universities
- Foreign STEM graduates have a higher chance of finding employment in the United States
- Foreign STEM graduates are more likely to start their businesses
- Foreign STEM graduates are more likely to be self-employed than non-STEM graduates
- The majority of foreign STEM students pursue jobs in technology fields after completing their degrees
8. Employment Authorization for Spouses of H-1B Nonimmigrants Who Are the Principal Beneficiaries of Approved I-140 Petitions
If you are an H-4 dependent visa holder, your status is considered conditional. This means that you do not qualify for work authorization and cannot apply for a green card. In most cases, H-4 dependents must wait until the I-140 petition is approved before they can add themselves to their spouse’s application as derivative beneficiaries.
If you are a dependent spouse and want to eventually become a lawful permanent resident (green card holder), there are several steps you can take:
- You must submit Form I-539 with your passport and evidence of your relationship with the principal alien beneficiary of an approved I-140 petition
9. Merit-Based Points System for US Citizenship and Immigration Services (USCIS) Green Card Applications
The USCIS Green Card point system is a merit-based system for the United States Citizenship and Immigration Services. The USCIS points are used to evaluate whether you qualify for a Green Card, which is an immigration status granted by the U.S. government that allows non-citizens to live and work legally in the country permanently. Under this new system, applicants will be evaluated based on their education level and English language ability, work experience, age when applying for permanent residence, and family relationships with American citizens or lawful permanent residents (LPRs).
The current U.S. immigration system uses quotas as well as other factors such as financial stability to decide who gets priority processing times when applying for certain visas or green card applications within their quota category(s). If you have been waiting patiently for years under this process then chances are good that your number will come up soon but there’s no guarantee that it will happen before 2020 —and we don’t even know if quotas will still be used once new legislation passes!
Complete immigration reform has not been a partisan issue for many years.
Immigration reform has long been a bipartisan issue. It’s not even really an issue for most Americans in the first place. Americans don’t care about whether you’re from Mexico or Canada or Russia—as long as you’re willing to work hard and pay your taxes like everyone else, you’ll be welcomed here with open arms.
The truth is that immigration reform is good for our economy, national security, and all of us as Americans because it helps bring skilled workers into our country who can help us compete internationally and contribute to our economic growth here at home.”
Immigration reform is a bipartisan issue that both sides of the aisle can agree on. There are many plans in place to make it easier for skilled workers with degrees from U.S. universities, spouses of H-1B visa holders, and green card applicants to obtain employment authorization documents (EADs).
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