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October 28, 2011

On October 27, the House Judiciary Committee Oct. 27 passed The Fairness for High Skilled Immigrants Act, a bill that would eliminate the per-country numerical limitation for employment-based visas and create a fairer system that is “first come, first serve.”

Under the current Immigration and Nationality Act the number of employment-based green cards available to natives of any one country cannot exceed 7% of the total number of green cards available each year. The new legislation, however, would eliminate the employment-based per-country cap over a three-year period and would raise the family-sponsored per-country cap from 7 percent to 15 percent.

The new legislation has gained support because of strong feelings that some countries have more of the skilled workers that are sought by American employers. However, natives of these countries must quite often wait several years longer for green cards than natives of other countries. As an example, in the employment-based second preference category for professionals with advanced degrees and aliens of exceptional ability, green cards are immediately available to approved applicants from most countries. However, workers from India and China must wait four years to obtain a green card, he said. 10.28.2011.

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