A Brief about HR1044/S386

HR1044 has nothing to do with fair. United we can stop it.

Don’t know what is HR 1044?

Here are the facts you need to know about HR1044/S386… and HOW TO STOP IT!

— Oscar Wilde.

What is it?

The HR1044/S386 is a bill on immigration/green card that recently passed the House. It plans to lift the per-country limit on green cards. 

As a result, the backlog of some countries (namely, India) will flood into everyone else’s pool, and all new green card applicants on EB2/3 need to wait 6+ years, until the backlog disappears.

Background

If a foreigner doesn’t have a family here, the primary way to get a green card is through employment (EB2 or EB3). They prove they have a skill that a US company needs, get a work visa (H-1b), and after some years they can apply for a green card and wait in the queue.

There has been a lot of H-1b abuse in the past years. Many puppet IT consulting companies did H-1b fraud by claiming that they “hired” some foreigners, so that they could obtain a work visa and file green card applications. Those people are the main source of current green card backlogs.

What consequences will it bring?

For the next 6+ years, in the professional/skilled category, only people in the backlog can ever get a new green card. Those people are primarily from the same country (Indian) and in the same industry (IT tech consultants). This means:

  • Other industries will not be able to find any foreign skilled workers. For example, some states will see a shortage of nurses.
    • Senator Rand Paul has an amendment bill for this.
  • People of all races will be discouraged to come to the US if they know their wait will increase by at least 6 years.
    • America is partly built on talents from all over the world, because they are attracted by this “American Dream”.
    • Universities, for one, will lose a lot of talents who are currently pursuing high degree and will definitely miss the 3-year transition period.
  • H-1b abuse will happen more often than ever, because this bill fixes nothing of it.
    • Many of the abusers currently in queue doesn’t even have a US college degree and have never received US education.

How to stop it

The bill has already passed the House, and will proceed to the Senate. Possible ways to help:

  • Contact the local senators through emails and talks;
  • Contact the media;
  • Spread the news to other immigrants and concerned groups, so that more people can join.

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