bill s386 latest news updates and status blocked

Senate Bill S386 – Fairness for High-Skilled Immigrants Act of 2019  is co-sponsored by Senator Mike Lee and Senator Kamala Harris. Sponsors are trying to get this bill S386 voted by unanimous consent.

The problem:

The Unanimous consent process. Bill S386 should be agreed unanimously by all the Senator (100 in total). And every Senator has the power to block the passage of this Bill. So, what’s the current status of the S386 bill?

The status:

For the bill to be brought back to the Senate floor for voting, all the current blocks should be removed.

  • Current block: By Senator Durbin.

Previous blocks:

  • Senator David Purdue (Clarified language for healthcare workers Green Cards)
  • Senator Rand Paul (Added temporary Green Card for Healthcare workers)
  • Senator Chuck Grassley (added amendment for H1B Protections)

Senator from Georgia David Perdue blocked this bill S386.

The companion bill HR 1044 in the U.S. House passed by 365 – 65.

What’s next:

Here’s what has to happen for this bill S386 and HR 1044 to pass.

  • Senator should remove the current Block (& any future Blocks)
  • Bill S386 should pass in Senate by Unanimous Consent
  • Conference Committee to combine HR1044 and S386
  • Bill should pass in the House again.
  • Bill should pass in Senate again.
  • Bill President should sign the bill into law

For & Against the S386 Bill:

You might wonder why Indian born nationals are supporting the bill, and every other nation are opposing the bill.

The answer is clearly described in this analysis from the Cato Institute:

In this version, the non-Chinese, non-Indians, non-shortage workers (i.e., “other” in Figure 3) would not receive any green cards for four years. Opponents of the legislation claim that this is unfair, yet new Indian applicants who applied in 2018-19 will not receive any green cards under the bill for almost eight years, and if the law isn’t passed, then they would face a half a century wait (ultimately, nearly half would give up before then).

Here’s the Graph that shows the Green Card distribution from 2020 to 2027:

Fairness for High Skilled Immigrants Act: Wait Times and Green Card Grants Cato

Over to you:

  • Indian born nationals want this Bill S386 passed else Green Card wait times will be decades
  • Even other citizens are against this bill because their Green Card wait times will increase by a few years.
  • The current Block by Senator Durbin seems to be strong
  • What do you think is going to happen next?

Next: Top Tweets about Bill S386 and HR 1044

15 Comments

  1. Brian on March 19, 2020 at 12:24 PM

    When you talk about employment based immigration, it should not be according to birth country. Country Cap 7% is 30 years old rule/law which needs to be reviewed again instead of any new suggestion/bill. It should be fair and queue based system doesn’t matter Mexico/Philli/Chinese/Indian/ROW . There person who filed his green card 12-15 years ago is still waiting for date to be current. Why discrimination on country birth? At least employment based category to be changed immediately of first cum first serve irrespective of country they belong.

  2. Champ on February 23, 2020 at 8:02 PM

    This is an another opportunity for corporate companies and IT outsourcing companies to bring low wage workers to replace hard working american IT workers, this has been the trend for so many years to boost profit with this route at the cost of hard working americans. Given the large population from India and China it will effectively will kill diversity for many more years to come given that more than 80% 65k H1b + another 20K H1b visas goes to India & China and subsequently impact GC for other nationalities.

    If there are talented people whom US really need always apply through Eb1 category is 1-2 years wait time.

  3. Mike on December 19, 2019 at 5:57 PM

    The challenge is that due to cultural and institutional (e.g. companies that primarily hire Indian H-1B) reasons and support, there are many more applicants from India than other nations. It’s important for American companies to be able to attract talented workers from other countries, and implementing this rule adds more uncertainty to that process for most countries of origin. Best would be to issue more for everyone, but short of that, a less drastic version of this seems wise. The current version risks damage to American competitiveness for hiring the best and smartest people in the world to join our startups and create jobs here.

  4. Raj on December 12, 2019 at 1:49 PM

    Most of the Immigrants having kids send their kids to school.
    Are the kids taught to stand in separate lines based on country where they are born?
    Are the kids asked to go to next class based on country where they are born? Or they are asked to sit in same class until their turn comes. Meaning some talented kid from Iran can come to class 1 and go to class 2, class 3..upto class 10 and some other talented kid from India will stay in class 1 for 10 years.
    THIS IS UNFAIR.

    S386 is just so simple for skilled immigrant from any country. If you have the skill, then stand in line and apply for greencard.
    Whereas now we see different lines based on country of birth ; which is totally wrong.

  5. Khalid Rashid on December 10, 2019 at 4:06 PM

    The bill is total discrimination towards diversity. I support the relief act but this bill is total based on lie that its a fairness bill which is actually unfair to all other countries. Only indian supporting this bill why?

    • Vineet on December 19, 2019 at 9:21 PM

      For diversity, USA has a different bill. Indians are supporting because they are the most impacted. You don’t want to wait 4 years while you want Indians to wait for a decade. Is that fair?

      Indians are in good numbers because they have a good tech industry and a culture of higher education. Please look at our standing in tech no just IT, Auto, Nuclear and Space

    • The Altruist on January 29, 2020 at 4:23 PM

      Once upon a time, there were only white people immigrating to America from different countries (Irish, Italian), did they cry about diversity then? did they cry about colonization?

      Indians will be the majority supporters of this bill because it affects them, why’s that hard to understand?

      Most of us are well educated and in well paying jobs and have started families here, legally, if we could change our country of birth through hard work, you can bet your bottom dollar that we’ll do that.

      Nobody asked to be born in a certain country and be punished for it.

  6. Ilia on December 2, 2019 at 5:25 PM

    You are saying “non-Chinese, non-Indians, non-shortage workers would not receive any green cards for four years.” This is a LIE. Under S386 ANYONE who applies after 2020 in EB2 and EB3 categories will have to wait at least 10 YEARS to get their green cards.

    Another Lie: “The backlog clears in 2027”. Under S386 the backlog will never gets cleared.

    Currently there are around 400k in the backlog for EB2 and every year some 40K – 50k new applicants are applying in EB2 category. Each year 40k green cards are given to EB2. To get the current backlog cleared you need 10 years. Then after 10 years you have another backlog of 400k – 500K.

  7. Jaden on December 1, 2019 at 12:19 AM

    We should support the RELIEF Act instead which increases the green card cap and also clears the backlog. S386 is bad for diversity without any doubt because it only benefits one country at the cost of other countries. S386 is an evil bill because it creates a zero-sum game, causing immigrants fighting against each other. We should all unite! Please support the RELIEF Act!

  8. John Gul on October 24, 2019 at 2:05 PM

    Because Iqbal cannot get his Greencard with in 6months and have to wait for 1 year. Mean while Indians wait for 20+ years. That is why its unfair to him.

  9. Iqbal Khan on October 11, 2019 at 9:10 PM

    This bill should be blocked by any means. This bill is unfair to other nationalities applicant except Indians. This bill would destroy the diversity of immigrant and monopolize Indians.

    • Raghuram Sukumar on October 14, 2019 at 5:43 PM

      Can you explain how does this Bill destroys Diversity?

    • raj on October 17, 2019 at 10:29 AM

      first come first serve…this bill won’t say any particular country.

    • Vish on October 25, 2019 at 5:24 AM

      Mr. Khan, not sure why you are into this baseless comments, know the complete facts before commenting and please do not spread negativity.

      • Vercingetorix on December 30, 2019 at 11:10 PM

        In a country of 328 million citizens do you really believe that BS that google, facebook, microsoft , etc… crying to congress that they cannot find high skilled tech people in our country! They want the cheap white collar labor and they are getting it at the expense of American citizens There is no loyalty from these companies to its own people.

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