The S386 Bill:
Fairness for High-Skilled Immigrants Act of 2019 – aka Country Cap Removal for Employment-Based Green Card Bill.
Senator from Georgia David Perdue blocked this bill S386.
The companion bill HR 1044 in the U.S. House passed by 365 – 65.
You may wonder how can one Senator Block the entire Bill?
More on that later in this article.
I looked at the Tweets about this Bill S386.
The emotions run high and deep from those who support and oppose S386 bill (and HR 1044).
Looking at the tweets about the Bill, there are two groups of people.
- Majority of Indians – Support the Bill
- Even other Nationals – Oppose the Bill
Interestingly, there are some Indians who oppose this S386 bill.
What’s Included in This Article
- Top Tweets from Those Who Oppose S386 Bill
- Top Tweets from Those Who Support S386 Bill
- What is Unanimous Consent
- Chances of S386 Passing in the Senate and House
Top tweets from Supporters and Opposers are listed below.
Nay – Tweets – S386 Bill and HR 1044 Bill
So, why every country other than Indians are opposing this bill?
Their Employment-Based Green Card witing time is going to increase – a lot (Green Card will increase)
If the waittime goes from O years to 10 Years, it’s normal for those who are impacted to be mad. But, for Indians, it’s going to go down from 150 years to manageable 10 years.
Here are some of the tweet from the members who oppose the bill.
Dear @tedcruz, I'm asking you to object #S386 and #HR1044. Nobody except Indians will be able to receive green cards for the next 10+ years. Backlog is not fair, but backlogging others is not fair too. It's a revenge. Transition period from 7 to 85% in 1 year is not smooth at all
— Tema (@Tema_Dev) September 19, 2019
The @immivoice tries to push #S386 to a unanimous consent. Several crucial things to point out: 1) Contrary to what they (intentionally mis-)claimed, this is not good news for Chinese H1B workers either, not to mention those from other 190+ countries around the world. #NoS386
— ANTI-S386 Coalition (@AntiS386) September 18, 2019
The truth is this is a bill for privilege of ONE COUNTRY ONLY. As far as I know, Chinese people are very unhappy about this bill, along with other 190 countries in the world. A simple search on #S386 #NoS386 will tell you that, pls stop misleading American people!
— Richard Tse, ML&AI Scientist (@RichardTse12) September 21, 2019
Aye Tweets for the Bill S386 and HR 1044
Why Indians are supporitn this S386 bill?
Employment Based Green Card Wait times will come down from 150 years to more realistic 10 year period!
Here are some Top Tweets from those who support this Bill S386 and Bill HR 1044.
@sendavidperdue I have an open letter for you. I request you to reconsider your position on #S386. I am a CS prof in rural GA. #S386 helps rural highskilled S. Georgians like me. Please support #GreenCardEquality and help your constituents like me who are making an impact in GA. pic.twitter.com/Kiuex8dxYo
— Krishnendu Roy (@krishnenduroy) September 20, 2019
There's bill #HR1044 and #S386 that would solve a small part of this by removing country caps in the employment category.#HR1044 already passed house 365-65#S386 should be passed in Senate https://t.co/r9xmi7Sf7k
— Surya Mishra (@spmishra) September 16, 2019
Just saying that system will be more broken doesn't means anything. Show real facts of how this bill will disrupt anything. Diversity – Approximately 1% Indians are in US, how does that changes diversity? Passing #S386 is our only hope to fix this immigration system.
— Sam (@Sam75585162) September 24, 2019
What is misleading? He is sharing his story and you are welcome to share your story. Your story will be that you got your GC in 6 months. Indians are being treated as one level below humans which is bad and discrimination. I have complete confidence on Senator Perdue. Pass #s386
— Rajini (@fearless_1900) September 24, 2019
Please PASS #HR1044 / #S386.
If this bill is not passed we will not get the Green Card in the lifetime.
13 years senator, I’m still standing in the line hoping to get a green card.
Please support fairness bill (PASS #HR1044 / #S386) pic.twitter.com/J2bmuJ9BeK
— Uma (@VRao_17) September 24, 2019
S386 Bill and Unanimous Consent
The S386 Bill – Fairness for High-Skilled Immigrants Act of 2019 is being voted under the procedure called Unanimous Consent.
Unanimous consent agreements bring order and structure to floor business and expedite the course of legislation. They can be as simple as a request to dispense with a quorum call or as complicated as a binding contract resulting from prolonged and often spirited debate. Senators have been conducting routine business by unanimous consensus since 1789, but the more formal UC agreement dates to the 1840s when Senator William Allen of Ohio sought a method to end debate. Source U.S. Senate
So, what is Unanimous Consent?
As you can see form Tweet where members are requesting for floor debate to pass this Bill S386. According to EveryCRSReport,
Unanimous consent agreements are fundamental to the operation of the Senate. The institution frequently dispenses with its formal rules and instead follows negotiated agreements submitted on the floor for lawmakers’ unanimous approval.
According to U.S. Senate Glossary for Unanimous Consent
A senator may request unanimous consent on the floor to set aside a specified rule of the procedure to expedite proceedings. If no Senator objects, the Senate permits the action, but if anyone senator objects, the request is rejected.
Now, you know, why one senator David Perdue from Georgia can block the entire bill S386.
Previously to Senator Rand Paul had blocked this S386 bill.
Chances of S386 Passing in the Senate by Unanimous Consent
Think about this.
There’s no Employment-Based Immigration Bill passed in the U.S. Congress for ages.
One significant change was H4 EAD via Rule Making (not via Bill) was implemented in 2015.
A bi-partisan legal immigration bill passage would mean a great deal!
Two Senators sponsor this, Bill.
- Mike Lee from Utah (Republican)
- Kamala Harris from California (Democrat)
So, what are the chances of S386 Bill passing?
Here are the three Senators who have opposed this bill S386
- Senator Chuck Grassley
- Senator Rand Paul
- Senator David Perdue
First Senator Grassley had some concerns since 2011. His S386 Bill amendment was included to add New restrictions on H1B Visa.
Second, Senator Rand Paul blocked this bill.
He then introduced his Bill to remove the country cap and double the number of Employment-Based Green Cards.
Two weeks ago, @RandPaul objected to #S386 being brought to the Senate floor. Today, he introduced his own bill to eliminate per-country caps–AND double the number of employment-based green cards. https://t.co/J360Rt9oZE
— Laura D. Francis (@lauradfrancis) July 11, 2019
After negotiations with authors of this bill, the new version of the S386 added a Carve-Out for shortage occupation workers (like nurses from Philipines) to make sure some workers will get green card faster while the backlogs for India will be cleared over next 10 years.
The Senate version added a carve-out for "shortage occupation" workers, to make sure that some new applicants could get green cards, even as current backlogs would be cleared.
— Julia Gelatt (@J_Gelatt) September 19, 2019
Now, Senator from Georgia have Blocked the Bill S386.
So, what’s next?
Who’s next for S386 bill?
It’s tough to say.
For now, the supporters have to hope that another Senator doesn’t block the Bill or New S386 Amendment is added.
I’m sure everyone impacted (positively and negatively) are calling their Senator’s and voicing their views on social media to convey their support or opposition to this bill S386 and HR 1044.
- Will there be more blocks from Senators?
- Will there be new amendments to this Bill S386?
- Will there be another Vote by the end of September 2019?
It’s anyone’s guess at this point.
Stay tuned for updates about this bill S386.
Green Card Article Series
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- Green Card Steps for EB2 and EB3 Explained
- Green Card Visa Numbers availability for E1, EB2, and EB3
- US Green Card Waiting Time Based on Pending Applications
- Immigration Path: Steps for an F1 Visa to Become U.S. Citizenship
- How EB Green Card Spill Over between EB1, EB2, EB3, EB4 5and EB5 works