Quick Summary of Changes to H1B, F1 Visa, Green Card in CIR 2013 Bill

Raghuram Sukumar USA Visa 42 Comments

Comprehensive Immigration Bill was introduced in U.S. Senate few back.

Bill is about 1500 pages with sweeping changes to current U.S. Immigration system.

  • Name of the Bill : Border Security, Economic Opportunity, and Immigration Modernization Act of 2013.
  • Introduced by Gang of Eight Senators : Sen. Chuck Schumer (D-NY), Sens. John McCain (R-Ariz.), Richard Durbin (D-Ill.), Lindsey Graham (R-S.C.), Robert Menendez (D- N.J.), Marco Rubio (R-Fla.), Michael Bennet (D-Col.) and Jeff Flake (R-Ariz.).
  • Bill Number : S.744

Here is a quick summary of changes proposed in the bill

H1B Visa

  • Increase in H1B Cap from 65,000 to 110,000 ( max of 180,000)
  • H1B Fees can be upto $10,000
  • Change Advanced Degree cap to STEM Advanced Degree Cap
  • Increase in STEM Advanced Degree cap from 20,000 to 25,000
  • 30 Job posting in DOL website for hiring H1B Workers
  • Minimum Wage Level 2 Pay for H1B Workers

IT outsourcing companies will feel the pain if this bill is passed.

Similar restrictions apply for L visa as well.

F1 Visa

  • Add Dual-intent provision ( no need to prove that you will return back to home country after studies)
  • Green Card for STEM PhD Graduates (Masters degree not included)

Employment Based Green Card

  • Points based Merit system in 5 years
  • Several provisions to eliminate current green card wait times
  • Recapture of unused Green Card Numbers
  • EB2 STEM graduates within last 5 years will not come under Cap
  • Work Authorization for H4 ( if home country allows dependent work authorization)
  • Eliminates per country cap limits

Startup Visa

  • Add 2 new startup visa options
  • Non-Immigrant Visa
  • Immigrant Visa

This is a quick summary of S.7544 bill.

Do you have any questions about the new bill?

P.S: This is just a bill, not a law. Bill becomes a law only if itโ€™s approved in Senate, House and Signed by President.

Comments

  1. Good one Raghu. Only one question, “Green Card for STEM PhD Graduates (Masters degree not included)”… so does it imply that Phd grads will directly get green cards if they apply?? sorry for being naive but i am really a duffer in visa rules. please reply!!! And what are the chances of this bill being passed???

      1. This is excellent …I have been waiting for this to come up …I am hopeful this will keep the hard working phd students motivated because as of now …it is so much struggle and work and very little pay . I am happy that the handwork will be recognized . It is a smart move to attract the top talent

      2. will be awaiting the post ๐Ÿ™‚ I would be happy if you can include more options and information for life sciences

  2. I didn’t understand..the bill will be passed for current H1B cap or next year ? please advise raghu

  3. You said “Add Dual-intent provision ( no need to prove, you will return back to home country after studies)”
    Couldn’t get this. F-1 visa shouldn’t have immigrant intent. Are you implying that now we can avail dual intent. If yes, then what do you mean by “you will return back to home country”. Kindly clarify.

      1. I think he or i messed up in punctuation. “no need to prove, you will return back to home country after studies”.
        Now looking at it again, what i think he meant was that there is “no need to prove THAT you will return back to home country after studies”.

    1. Right now in f1 visa you must prove that you will return back after completing education- 214b rejections are due to potential immigrant. With new bill that will be eliminated.

      1. Hi Raghu,I got rejected twice with same 214-b last year & then moved canada on work-permit LMO so should I apply again for F1 in india ,is this time will it work !

        1. If your profile has changed and if you can prove you are not a a potential immigrant, it will work.

    2. This means that you just need to show you have sufficient funds to study and leave there till your course last.

      1. will you provide any suggestions to prospective Ms aspirants from India and their scope of getting employed after doing Ms in US if the bill is passed

  4. Green Card directly for Ph.D students is too much to hope from US government. But if it happens, it will be insane. Wow!! Would love to see this materialize. It will make recruiting international Ph.D graduates equally lucrative.

    But the number of job openings for international students who come here for just MS will drastically be curtailed.

      1. Hi Raghu,

        Would you please clarify about which other countries you are referring here kindly? I only know about Canada, if you complete doctorate degree you’d get a PR, they actually have a 1000 per year of that visa. I am not sure where else..certainly not anywhere in Europe.

  5. (STAPLE Act) would exempt foreign-born individuals who have earned an American Ph.D. in science, technology, mathematics, or engineering from the limits on the number of employment-based green cards and H-1B visas awarded annually.

    Would love this!!

  6. Please can someone explain how this is going to effect the prospective Master’s students ?

  7. In the Employment Based Green Card:

    Work Authorization for H4 ( if home country allows dependent work authorization)

    Does it mean that a Dependent visa (H4) holder will be authorized to work as how it is now for the L1 Visa?

    Kindly clarify Raghu!

    1. no This comes with some regulations …the H1 needs to be working for some while so that the H4 gets the work permit and some other rules too…so it does have some glitches

  8. A brilliant move by america in retaining the smartest lot in its country so that their tax and their brains is utilized for americans growth. I woulnt forgive the Indian politicans who are not able to retain their resources in its country.

  9. 1)This is interesting “Eliminates per country caps” So many people from India are waiting for Green Card since 2003 in EB-3 category. They will get quick boost. this will help Indians in EB-3 and EB-2 category who are waiting for 9-10 years.
    2)Not a good news for MS in STEM graduates. Not much for them.
    3) Increase in H-1B visa is good but increase in fees upto 10000 dollars and level-2 pay will discourage companies from hiring H-1B visas.

  10. canada i think in this perspective has a better and a bit easy way to get a PR , what do u think raghu sir ?

  11. I agree with this point. good point.
    Green Card for STEM PhD Graduates (Masters degree not included)
    yes all dumbs policiticans, lawyers, police and smugglers kids will do MS in US, so US become one more corrupted india…if u offer GC to MS graduates.
    Give GC for only for PHD graduates with points and value of the research did.

    one more point i need to bring.
    No of H1B applications should be fixed, because most of H1B are going for big indian IT companies.like TCS, infosys, CTS…etc
    Fix H1B max no application to 5000 for these companies. so that compititation will increase, small companies can grow well bring best talent to US and cost effective than these biggies who are looting dollars by billing more to clients and using low cost dumbs working 12 hours and extending projects, maintaince cost…and run the projects for years…

  12. First line typo- Comprehensive Immigration Bill was introduced in U.S. Senate few back.
    -Comprehensive Immigration Bill was introduced in U.S. Senate few YEARS back.

  13. Is there any link where we can check the progress of this bill in Senate/congress???

  14. Hi,
    Came across your great blog here. Just want to ask how about updates on TN visa? Are there plans of having it ‘dual intent’ same as F1?
    Thanks.

  15. i think the number of visas issued to international students for phd will be reduced

  16. Hello Raghu Sir,

    I have heard that the immigration Reform Bill 2013 has been passed and there have been changes in h1-B cap for FY 2015.
    Please update on the situation sir.
    Thanks,
    Rohit

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