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

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 it’s approved in Senate, House and Signed by President.

42 Comments

  1. Rohit on September 23, 2013 at 8:47 PM

    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

  2. sai123 on June 28, 2013 at 11:21 AM

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

    • Raghuram Sukumar on June 28, 2013 at 1:46 PM

      Nope.

  3. eigo on May 20, 2013 at 12:27 PM

    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.

  4. munna on April 24, 2013 at 9:40 AM

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

  5. Dinesh on April 22, 2013 at 5:03 AM

    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.

    • DEV on April 22, 2013 at 10:40 AM

      Are u seriously this weird or is something special today???

  6. Ankur Mittal on April 21, 2013 at 12:03 PM

    How much is Minimum Wage Level 2 Pay?

    • Dr.nidhi. on May 29, 2013 at 1:16 AM

      $60,000 yearly

  7. John on April 21, 2013 at 11:42 AM

    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…

    • Nishant on April 21, 2013 at 11:44 AM

      Great point made regarding the IT biggies.

  8. prs1991 on April 20, 2013 at 7:32 AM

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

  9. munna on April 19, 2013 at 10:54 AM

    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. Indian on April 19, 2013 at 10:34 AM

    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.

    • DEV on April 19, 2013 at 2:38 PM

      LOL! Well said

  11. The Rockstar on April 19, 2013 at 10:29 AM

    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!

    • Sunita on April 19, 2013 at 2:36 PM

      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

  12. sushain on April 19, 2013 at 6:53 AM

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

  13. Go Blue!! on April 19, 2013 at 4:54 AM

    (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!!

  14. Go Blue!! on April 19, 2013 at 4:45 AM

    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.

    • Raghuram Sukumar on April 19, 2013 at 10:15 AM

      Other countries are making it easy to get residency. US have to compete.

      • ANDY on May 14, 2013 at 9:10 AM

        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.

  15. nishant rawat on April 19, 2013 at 2:48 AM

    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.

    • leela on April 19, 2013 at 4:36 AM

      I too need the same clarification.

      • Nishant rawat on April 19, 2013 at 4:52 AM

        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”.

    • Raghuram Sukumar on April 19, 2013 at 4:39 AM

      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.

      • vasim dodiya on May 29, 2013 at 1:32 AM

        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 !

        • Raghuram Sukumar on May 29, 2013 at 8:55 AM

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

    • Jay Navsariwala on April 19, 2013 at 6:20 AM

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

      • Prospective student on April 19, 2013 at 2:16 PM

        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

  16. kartik on April 19, 2013 at 2:29 AM

    can you give more information about start up visa ?

  17. kartik on April 19, 2013 at 2:29 AM

    How it will affect outsourcing company ?

  18. raveendra on April 19, 2013 at 1:34 AM

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

  19. DEV on April 19, 2013 at 1:24 AM

    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???

    • Raghuram Sukumar on April 19, 2013 at 1:33 AM

      More details in next post on how this will be one. Its like GC will be stapled to their PhD degree.

      • DEV on April 19, 2013 at 2:51 AM

        U got to be kidding!!! OOHHH MMMYYY GGGOOOODDDD!!! Fingers crossed!!!

      • Sunita on April 19, 2013 at 1:17 PM

        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

      • Sunita on April 19, 2013 at 1:18 PM

        will be awaiting the post 🙂 I would be happy if you can include more options and information for life sciences

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