Bill that seeks to lift green card cap amended to protect US 06-21

Eliminating the country quota from the most sought-after Green Cards will end the current discrimination in the US labour market, but would allow countries like India and China to dominate the path to American citizenship, according to the latest Congressional report.
Having a Green Card allows a person to live and work permanently in the United States.
Indian-Americans, most of whom are highly skilled and come to the US mainly on the H-1B work visas, are the worst sufferers of the current immigration system which imposes a seven per cent per country quota on allotment of Green Cards or the Legal Permanent Residency (LPR).

The bipartisan Congressional Research Service (CRS), an independent research wing of Congress, said if the per-country cap for employment-based immigrants was removed, many expects that Indian and Chinese nationals would dominate the flow of new employment-based LPRs for as many years as needed to clear out the accumulated queue of prospective immigrants from those countries.

This queue would include those with approved employment-based immigrant petitions waiting to file either a visa  .. 

The CRS regularly prepares reports on various issues for the lawmakers to take informed decisions.

A copy of the report 'Permanent Employment-Based Immigration and the Per-country Ceiling' dated December 21 was made available to PTI, ahead of the new Congress beginning January 3, wherein several lawmakers are planning to introduce a legislation to eliminate per-country quota for issuing Green Cards to foreign nationals. 

As of April 2018, a total of 306,601 Indian nationals – mostly IT professionals – were waiting in line for Green Cards, according to the USCIS figures. 

Indians constitute 78 per cent of the 395,025 foreign nationals waiting for Green Cards in just one category of employment-based LPR applications.

Due to the cap, the current wait period for the majority of Indians to get a Green Card is nine and half years, the CRS said, adding this could increase or decrease further depending on the number of new applications every year. India is followed by China with 67,031 in line for Green Cards.

Lawmakers favouring eliminating the per-country cap contend that such circumstances effectively encourage employers to sponsor prospective employment-based immigrants primarily from India.

Proponents argue that removing the per-country ceiling from employment-based immigrants would "level the playing field" by making immigrants from all countries more equally attractive to employers, the CRS said. 

According to the CRS, eliminating the per-country ceiling would reduce certain queues of prospective immigrants more quickly, and remove the perceived employer incentive to choose nationals from these countries over other countries. 

"Shorter wait times for LPR status might actually incentivise greater numbers of nationals from India, China and the Philippines to seek employment-based LPR status. If that were to occur, the reduction in the number of approved petitions pending might be short-lived.

"A handful of countries could conceivably dominate employment-based immigration, possibly benefitting certain industries that employ foreign workers from those countries, at the expense of foreign workers from other countries and other industries that might employ them," the CRS said. 

Because the Immigration and Nationality Act (INA) grants LPRs the ability to sponsor family members through its family-sponsorship provisions, removing the per-country ceiling would alter, to an unknown extent, the country-of-origin composition of subsequent family-based immigrants acquiring LPR status each year, it said. 

Changes in the country's demographic profile tilted towards people from one part of the world, was one of the prime reasons for the current per country quota. This, on the other hand, restricts the flow of the best talented foreign workers.

The INA allocates 140,000 visas annually for all five employment-based LPR categories, roughly 12 per cent of the 1.1 million LPRs admitted in fiscal 2017. It further limits each immigrant-sending country to an annual maximum of seven per cent of all employment-based LPR admissions, known as the per-country ceiling, or "cap". 

Two popular employment-based pools of foreign nationals, who have been approved as employment-based immigrants but must wait for statutorily limited visa numbers, totalled in excess of 900,000 as of mid-2018. Most originate from India, followed by China and the Philippines, the CRS said.

Some employers maintain that they continue to need skilled foreign workers to remain internationally competitive and to keep their firms in the US, it said. 

Proponents of increasing employment-based immigration levels argue it is vital for economic growth. Opponents cite the lack of compelling evidence of labour shortages and argue that the presence of foreign workers can negatively impact wages and working conditions in the US, the CRS said.

"Some argue that eliminating the per-country ceiling would increase the flow of high-skilled immigrants from countries such as India and China, who are often employed in the US technology sector, without increasing the total annual admission of employment-based LPRs," it added.

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Donald Trump's 'merit-based' immigration plan may benefit Indian professionals 08-03

WASHINGTON: President Donald Trump has announced his support for a legislation that would cut in half the number legal immigrants allowed into the US while moving to a "merit-based" system favouring English-speaking skilled workers for residency cards.

If passed by the Congress and signed into law, the legislation titled the Reforming American Immigration for Strong Employment (RAISE) Act could benefit highly-educated and technology professionals from countries such as India.

The RAISE Act would scrap the current lottery system to get into the US and instead institute a points-based system for earning a green card. Factors that would be taken into account include English language skills, education, high- paying job offers and age.

"The RAISE Act will reduce poverty, increase wages, and save taxpayers billions and billions of dollars. It will do this by changing the way the US issues Green Cards to nationals from other countries. Green Cards provide permanent residency, work authorisation, and fast track to citizenship," Trump said at a White House event to announce his support to the RAISE Act.

Standing along with two top authors of the bill -- Senators Tom Cotton and David Perdue Trump said the RAISE Act ends chain migration, and replaces the low-skilled system with a new points-based system for receiving a Green Card.

This competitive application process will favour applicants who can speak English, financially support themselves and their families, and demonstrate skills that will contribute to our economy, he said, adding that the RAISE Act prevents new migrants and new immigrants from collecting welfare, and protects US workers from being displaced.

Trump said this legislation will not only restore America's competitive edge in the 21st century, but it will restore the sacred bonds of trust between America and its citizens.

"This legislation demonstrates our compassion for struggling American families who deserve an immigration system that puts their needs first and that puts America first," he said.

The RAISE Act will be re-orienting Green Card system towards people who can speak English, who have high degrees of educational attainment, who have a job offer that pays more, and a typical job in their local economy, who are going to create a new business, and who are outstanding in their field around the world, Senator Cotton said.

Senator Perdue said the current system does not work. "It keeps America from being competitive, and it does not meet the needs of the economy today," he said.

"Today we bring in 1.1 million legal immigrants a year. Over 50 per cent of our households of legal immigrants today participate in our social welfare system. Right now, only one 1 out of 15 immigrants who come into our country come in with skills that are employable. We've got to change that," he said.

"We can all agree that the goals of our nation's immigration system should be to protect the interests of working Americans, including immigrants, and to welcome talented individuals who come here legally and want to work and make a better life for themselves. Our current system makes it virtually impossible for them to do that," said Senator Perdue.

According to Attorney General Jeff Sessions, the higher entry standards established in this proposal will allow authorities to do a more thorough job reviewing applicants for entry, therefore protecting the security of the US homeland.

The additional time spent on vetting each application as a result of this legislation will also ensure that each application serves the national interest, he observed.

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