HR 3012 Immigration Bill Status Update

  • Introduced – 09/21/2011
  • House Judiciary Committee – Passed (10/27/2011)
  • House Vote – Passed (Nov/29/2011)
  • Senate Vote -  TDB
  • President Sign – TDB

HR 3012 Immigration Bill was passed in the House Fllor few minutes back. Now, the bill moves on to Senate.

We have to wait and see if the bill HR 3012 will be taken up for debate and voting in Senate before end of the congress session for this year.

About the Bill HR 3012

This bill if passed will gradually

  1. Remove country cap on Employment based Green quota (at 7% now)
  2. Increase the family based green card quota  to 15%

Remove Country Cap – Employment Based Visa

This country cap removal will lower US Green card wait times for Indians, Chinese and other backlogged countries like Philippines and Mexico.

Cap per country cap is 7% of a total of 140,000 employment based green cards available every year.

Immigrants from any country can get only 7%

  • 1st year, 85% of EB green cards will become first come first serve
  • 2nd & 3rd year,90% of EB green cards will become first come first serve
  • 3+ year transition, all green cards will be first come first serve.
  • Given that the total number of green cards in waiting list is not too huge, you may start getting green cards in a year.

Family based green card cap to 15%

If you decide to settle down in the USA and get a green card, later you get married and want to bring in your spouse, it currently takes whooping 5+ years of waiting before your spouse can set his/her foot in the US. With a 15% quota, it will be faster, much faster. Stayed tuned for latest news.

  • Sampath7

    The bill has been defeated in the senate by the Democrats. What next ?

  • Suresh

    Those US citizens / PRs who critisize Indian software folks for taking away high paying consulting jobs should then only buy made in America products. Such double standards – they want high paying jobs but buy thrid world products at dirt cheap prices. You folks iPad or iPhone will both cost more than 1K if not for China. Your food companies and other made in america prodcut companies would also not be competitive enough because you will have massively fat IT departments doing little work. If you love that then may be you shoul migrate to France (they have two hour lunch!).

  • K_S

    Mr Sam,
    I moved to US when I was a teenager. Did my bachelors from a reputed US university and been working at a reputed firm for the past 10 years and still in line to get my Green card. I never failed to pay my taxes. Always abided by the law. People are surprised when I tell them that I am still waiting for my GC even though I have been in USA for over 13 yrs (half my life). According to your logic, how is that fair? Anyone can shoot blanks into thin air but takes guts to shoot the real bull buddy. Next time, you might want to talk with facts in mind!!!!

    K_S

    • Helga

      I completely understand you and I believe you really talented and hardworking person. And I like Indian. BUT there are many-many guys called “software engineers” which really do their job not very well, and they were relocated to US using Indian “body -shop” companies (there are many such companies and mostly they are Indian- I don’t know why). If the Bill will pass, they will get green cards and really talented peoples from other countries will be waiting many years. Is it good? By the way, my Indian friends have got their green cards after 3-5 years, and only 1 – after 10 years.
      I hope, the Bill will never pass.

  • Sanjay

    Folks,
    I got my PhD here in US, started working on H1B, then got my Green Card. I did not have to wait becuase of the cap had not reached for my country.

    The cap limit obviously puts Indian and Chinese citizens to wait longer; i admit that is unfair to ETHICAL and hard working Indian and Chinese. But the fact that many indian IT companies are expoiting the US rules is not fair. And when it comes to ethics and fairness, Indians and Chinese have so low profile. So, I dont have any sympathy for those unethical guys that may have to wait longer, regardless of what hardship it occurs.

    I am for fairness and paying taxes on my earnigns. Many indians and Chinese i know are always behind how can i evade taxes, etc. Its very unfortunately that some of these foreigners with poor values have made into US and exploiging the fainess of this blessed nation.

    Overall, i think not having this bill passed is in the interes of US.

  • Sam Federman

    Due to something called SPILLOVER RULES in the EB category. Indian and Chinese already get around 50-60% of the visas. The whole problem is this:

    more than any other Nation, Indians apply for EB green card. Primary reason for this is the existence of Indian Consulting Firms Like InfoSys and Satyam in US. These companies file for 100K Plus Visas each year. The process is extremely inefficient for verification and in case of MAJORITY of Indian High-Skilled immigrants, they dont even have US degrees. So these companies submit “Evidence” of the skill of these individuals with experience in IT in obscure towns in India and degrees from obscure Indian Universities. When these individuals come over here and replace American workers, they dont have any real skills. They recieve training AS THEY ARE WORKING in a highly skilled job and are given support by the Consulting firm that brought them because they are working practically for free. After “laundering” their experience by working for 4-5 years and making the consulting a fortune in consulting fees earned on their behalf, they switch jobs and file for green card. At this point their experience is valid (at least for the past 3-4 years) and they have effectively replaced the American worker.
    “The U.S. CITIZENSHIP AND IMMIGRATION SERVICES “H-1B Benefit Fraud & Compliance Assessment” of September 2008 concluded 21% of H1-B visa granted originate from fraudulent applications or applications with technical violations”

    So now these people end up in the Green Card Queue. The problem is RAMPANT in INDIAN IT Worker’s case because there are these BILLION dollar consulting firms that are committing these frauds. JUST SEARCH SATYAM, IGATE, PATNI, INFOSYS and the like and see how many H1bs they file each year. NONE of the other countries, EVEN CHINA, has these visa mill firms making billions. This is a systematic abuse of the American system. The only deterrent to these individuals is the long wait time. And now, all these people waiting in the queue working in jobs and having real experience now and money earned in America have collected money and through ImmigrationVoice.org (a so called Immigrant Advocate org, which is in fact an Indian Immigrant advocate organization as proven by this bill that is against everyone but India and China) have hired lobbyist to influence congressmen. They realize that what is FAIR and UNETHICAL is secondary question and not how politics work in US, what matters is that you grease a few palms and put a label like “Fairness for immmigration” label to keep the American public (that is mostly unaware of the skilled immigration procedure) fooled. So they have done that and are trying to eat every one Else’s lunch.

    ALL YOU NEED TO KNOW is that this bill will DO NOTHING other than reducing the wait time ONLY for the Indians already in the queue. THAT IS ALL. WTF do we need a bill that does nothing more than that? I will tell you why, because these Indians waiting in the queue, have amassed money by breaking into the US workforce unethically (if not illegally) and know that they can buy off senators (or at least contribute to their campaigns significantly). If you actually want to know HOW the lobbying machine is in the works just go to the IMMIGRATION VOICE website:
    http://immigrationvoice.org/forum/forum85-action-items-for-everyone/2579186-urgent-action-items-h-r-3012-senate-side.html

    They even gave pointers about how when members contact republicans they dont mention the Family Based limit going up to 15% from 7% (which would essentially allow more parents/relatives from Mexico, of American Born citizens, anchor babies in often cases) and mention this limit when they call democratic senators.

    • fairness_act

      Hi Sam,
      What have you been smooking buddy!! seems like its working my friend..wake up ,get a real life and a REAL job…
      Fair

      • John Odeh

        Sam Federman is absolutely right! This so-called “Fairness for Highly Skilled Immigrants” H.R. 3012 Bill is actually very unfair to immigrants from the Other Countries of the World category. It only benefits immigrants from China, India, Mexico, and the Philippines, and at a tremendously negative effect upon the immigrating chances of potential immigrants from the other nations of the world. It is a well known fact that China, India, Mexico, and the Philippines, send the highest number of immigrants to the U.S. each year, and this is why the 7% Per Country Caps exist in the first place! The are there (i.e. they were put in place by Congress), in order to give potential immigrants from the rest of the world a chance, against this deluge of immigrants from just four very large countries. Eliminating all of these caps in the employment based greencards categories, and raising them to 15% from their current level of 7% in the family based greencards categories, is not only very offer to citizens of the smaller nations of this world, but can only negatively affect their chances of ever migrating to America in a timely fashion. It is not a levelling of the playing field for all nations as the proponents of this bill would have us believe, rather it stacks the cards against citizens from the category called Other Countries (which practically means the entire world), while tipping the scales in favor of citizens from only four countries, namely China, India, Mexico, and the Philippines! This is absolutely unfair, and I hope this bill never passes the Senate!

        • HSB

          What do you mean by unfair for other countries? Would it be ok if employer has quota to hire hiring workers based on countries?

    • Rakesh

      This guy has been smoking something illegal.

      How can they apply 100k plus Visas if there is a 60k limit across all countries per year?

    • neo

      There are some fundamental flaws in your argument. 1 wrong does not make the whole wrong. India has over a billion people. There are many engineering graduates – some good, some bad. Like USA. Or any other country for that matter. Based on your premise, every stockbroker in NYC is a fraud since Bernie Madoff was one. Please be reasonable. The world is not entirely black, or white.

  • Sam Adams

    Lies about this Bill:

    Lie #1: Indians have to wait 70 years for green card.
    Fact: U.S. citizens over 18 old can get their parents green cards without waiting. If a person (or couple) is not infertile, they get GCs 18 years after having child. Yes, minority choose to have no kids, but that’s only minority. An birth data mining can easily break this lie.

    Lie #2: HR3012 won’t affect US job market.
    1. Chaffetz & Lamar’s statements emphasized AGAIN & AGAIN: without 3012 US companies cannot hire the foreigners they want; with 3012 that become achievable. Obviously Microsoft hires one foreigner because of 3012, one US citizen loses a job because of 3012. So if Chaffetz & Lamar’s statement above is true, the lie of “not affect job market” is exposed; if this is not true, Lamar & Chaffetz are cheating US voters by using wrong statements.

    2. Another hidden fact: without 3012 many Indians cannot afford 8-10 years waiting and leave US, returning their jobs to job market. With 3012 they don’t leave US and continue occupying jobs. This is another big reason 3012 impacts job opportunities of US citizens.

    Lie #3: US companies cannot hire the foreigners they want if foreigners don’t have green card.
    Come on! Chaffectz & Lamar can use this false information in House, but Glassley created H1-B *working* visas and therefore know they’re lying. This is more like a joke: US companies cannot hunt birds if gvtment don’t give them cannons. Come on, Rifles are available but you request Cannons for shooting birds?

    Lie#4 HR3012 is necessary to bring in more exceptional immigrants. Truth is this will only really help EB3 India, won’t make much difference to EB2 India, and no difference to EB1

    Lie #5 India is capped at 7%. Truth, Indian nationals received 21% of EB green cards last year while India makes up 15% of the worlds population.

    Lie $6 Country cap is racist. Truth, it would be racist if it gave any country more than other country, especially based on its racial makeup.

    Lie #7 HR3012 won’t affect American job market. Chaffetz is speaking out of both sides of his mouth here. He says HR3012 won’t affect the job market, but then he also says HR3012 is necessary to bring in more immigrant workers.

    One has to wonder if HR3012 could be challenged in court since it is the product of lobbying by mostly foreign nationals. Is it legal for foreign nationals to write American laws through intensive lobbying while interested American groups had virtually no say in the process (except for ones who would benefit from the changes, namely large India based IT “consulting” companies)?

    • http://www.happyschoolsblog.com/ Dr P Rajaratnam

      HR3012 is a very logical and progressive step. US needs talented work force. 7% ceiling/ per country is meaningless. Level of education is vastly different in third world countries. US does not need sick, imbecile, ill educated lot to immigrate. Such are best there in the countries of their birth. USA survives on academic / professional excellence and get those inputs largely from India and china.
      There is no doubt good talent pool is available in UK, Germany, France, Italy etc., but Europeans have little incentive to go and work for USA. By any imagination Germany etc., offer much better environment, more so for holidaying, sightseeing and quality of societal life.
      In brief, HR 3012 is a win win situation.

    • Priya

      @ Sam, seems like you have some problem with Indians/Chinese. Or may be you are not talented enough to compete with them , so instead you aim them with these backlashes. If you think that the Indians/Chinese are not eligible to receive a Green card to stay in this country, what about your parents or your grand parents or grand-grand parents.. basically whoever in your family chain immigrated first to USA? what eligibility did they have. Dont forget that your family was also an immigrant once upon a time. Just because you are a born citizen, dont act like you own this country. USA is a land of settlers. We have as much right to come and settle in this country as your ancestors had. Its only more difficult for us now, inspite of all our skills. Do you even know how much hardwork we are subjected to from our childhood. Academics is of highest importance to many Indian families. We study hard, we achieve advance degrees at a average age much lesser than Americans. We are much proficient in science and technologies than our American counterparts. If companies hire us, they hire becasue we deliver them the work they expect. You think only low salaries without the ability to get the work done, will fetch so many Indians ,jobs?
      Either do a full research and talk fairly or try atleast to keep a tab on your jealousy and try to become competent instead of pelting stones at others.
      FYI : I am a Masters graduate from a top 20 grad school in USA. I worked hard for my MS and Im working for an American based organization. I know many people who are as merited as me with full time jobs in reputed organizations, but still in line for GC. It is along and frustrating process… where we are made to wait years just because we are Indian/Chinese nationals with a country cap of 7%.
      And all this while I wait, Im duly paying my taxes and contributing to the economy as much as you are.
      So stop discriminating people and try to take a broader look. Stop blaming others for your failures.

      • willko

        Simply put, the US has an adequate supply qualified workers. Funny how some of the European countries cited as having quality life styles also have restrictive immigration policies. Yes, you think you’re on top but one day there might be a Paki or similar nationality willing to “compete” with you. Personally, I don’t know why you can’t take your “special skills” and try to make your own country a better place. BTW, I’ve been in Science and Engineering my entire life and believe me, foreign nationals are no more or less smarter then their US counterparts. In fact, it’s often their native culture values that are their biggest obstacle.

        • http://www.happyschoolsblog.com Dr P Rajaratnam

          US is on top of world wealth wise and technological advancement wise. They should not give up their #1 position. And this is not just possible to achieve with purely internal manpower.
          Take for example medical doctors. The number of med schools in USA are not sufficient
          to produce the number US needs. Docs from India have the unique advantage of medicine studied wholly in English. Very few world countries are English speaking. In fact India is the largest English speaking country in the world.
          What is needed from US perspective is to tighten on merit. For example medical and engineering graduates with a FIRST CLASS should only be made eligible to work in USA.
          This will help India also.
          After all US is nobody ancestral property. And the original American natives like Apaches
          are very backward despite tremendous state support.
          With increased opportunities in India already a reverse flow had begun and it it not long when supply becomes scarce to USA. Whereof no policy intervention is called for as of now.
          Do you agree with me?

      • kalpana

        Well said Priya

      • Vijaya

        Well said Priya

      • david

        I have experience working with Indians/Chinese. I agree that academic standard is high but I also have to agree that ethics is very low.

    • Haridas

      Sam,
      To my knowledge, majority of the consulting companies do not file for the green card. Mostly American based companies who are extremely satisfied with their employees file for their employees green card. If the employee is inefficient or if the company does not get the required output, no company will spent huge amount of money for filing Green card.

      Once the company has filed for green card, in most cases, the employee does not move to another company nor do they accept higher level in the same company due to GC issues. No new vacancy will be created in the company unless they move up. The company will never fire them, since the employee can be legally in their company any long and they really need them.
      The more the Green card gets approved, the more job openings will come up, as the employees move up to higher level (or leave the company).

      You are lucky to be here in this country because of your ancestors. Do not be proud of what you are now and do not block others future… We are here more than a decade, legally, and we are very much proud of this great country as you are.

  • http://www.happyschoolsblog.com/ Dr P Rajaratnam

    excellant