The US House of Representatives recently passed the Fairness for High-Skilled Immigrants Act or HR1044, marking an essential change to current immigrant visa rules. The act brings a significant shift in the disbursement of Green Cards, lifting the 7% country-cap on applicants and promising a better future for skilled immigrants in the US. This new legislation could be particularly advantageous for Indian IT professionals who have been adversely affected by the prevailing immigration system.
The Fairness for High-Skilled Immigrants Act: What it Entails
The Fairness for High-Skilled Immigrants Act, commonly known as HR1044, primarily aims at revamping the existing rules related to Green Card applications. The Act proposes to eliminate the 7% per-country cap on Green Card allotment, which currently dictates that no more than 7% of visas can be issued to natives of any one independent country in a fiscal year.
Furthermore, the Act intends to amplify the per-country cap on family-based immigrant visas from the existing 7% to 15% of the total number of such visas available annually. In essence, it seeks to provide a larger share of immigrant visas to high-skilled professionals, thereby assisting them in obtaining permanent legal residency in the US.
Implications for Indian IT Professionals
Under this new law, Indian IT professionals – who primarily enter the US on H-1B work visas – are set to reap significant benefits. Currently, they face adversity due to the stringent 7% per country quota on the allocation of the Green Card, with many enduring a wait span of over ten years for a Green Card.
The policy thrust of former president Donald Trump – ‘Buy American, Hire American’ – brought about multiple legal and administrative modifications that added to the challenges of Indian tech workers’ immigration. This act, if assented into law, promises a welcome respite for them.
Impact on the Current Immigration System
| Current System | Proposed Changes |
|---|---|
| 7% country-cap on Green Card applicants | No country cap on Green Card applicants |
| 15% per-country cap for family-based visas | Elimination of per-country cap for employment-based visas |
| Long waits for high-skilled immigrants from countries like India | Shorter waiting period for high-skilled immigrants, especially those from India |
A Glance at the Potential Beneficiaries
In light of this proposed law, it is clear that professionals from countries where the demand for Green Cards far outstrips the supply stand to benefit the most. This group predominantly comprises those from India, who have been enduring an extended waiting period for their Green Cards, owing to the 7% country-cap in the current immigration system.
Conclusively, the Fairness for High-Skilled Immigrants Act or HR1044 may bring about a significant change in the lives of high-skilled immigrants looking to make the US their permanent home. By lifting the per-country cap, it could meaningfully shorten the waiting period for Green Cards, especially for Indian IT professionals. While the Act is yet to become law, it certainly marks a step in the right direction.
