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Bill to Remove Limits on EB Quotas

A bill proposing to eliminate the country-based quota system for EB visas, or employment-based visas, and to adjust the limitations on the family based visas without increasing the total numbers, was introduced on Sep 22, 2011. This bill has been called the, “Fairness for High-Skilled Immigrants Act” (H.R. 3012).

A lot would happen if this bill is passed. The country based EB backlogs will be done away with. The way that visa numbers are allotted will change. If there were no more per country limits, all the priority dates would be current.

Congressman Chaffetz, who introduced the HR 3012, said that, “The current percentage cap has created a backlog of qualified workers. American companies view all highly skilled immigrants as the same regardless of where they are from, and our immigration policy should do the same.”

US employers are allowed to hire foreign workers only when there aren’t any US workers eligible, willing or available to take up the job. Employers also need to assure the DOL and USCIS that they will not affect the wages or working conditions of US workers by hiring foreign nationals. This bill, if passed, will allow US employers to hire foreign nationals on a first come first served basis and benefit from the best skill sets available to them.

The bill also aims at increasing the visa limits for countries in the family based immigration category from 7% to 15%.

It is to be noted that this is a bill yet, and has not yet been passed into law. Only if the Congress passes this bill will it become a law, bringing the immigration dreams of many so much more closer to fulfillment.

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