News- Immigration Reform– Green Cards MS Technical Degrees, H1B, L1 rules

Immigration reform draft was published on April 30th, there are so many things that the proposed 26 page immigration reform draft addresses. Something that caught my attention regarding MS students and how America Conceptual Proposal for Immigration Reform-REPAIR Proposal - Reid Schumer Menendez Immigration Draft 2010wants to retain the talent in United states after successful completion of advanced degrees. They want to make sure the student is Bona fide and not just doing advanced degree to get MS. This bill draft comes at the same time where the inflow of nonimmigrant students is very high in recession. Here is they key piece of info from draft.

“A green card will be immediately available to foreign students with an advanced degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics, and who possess an offer of employment from a United States employer in a field related to their degree.  Foreign students will be permitted to enter the United States with immigrant intent if they are a bona fide student so long as they pursue a full course of study at an institution of higher education in a field of science, technology, engineering or mathematics.”

H1B Summary in the Draft by  Reid-Schumer-Menendez

Also, the bill tries to address some of the abuses of H1B visa holders too by giving more conditions or guidelines. Below is taken as it is from Draft :

(1) revise wage determination requirements;

(2) require Internet posting and description of employment positions;

(3) lengthen U.S. worker displacement protection:

(4) apply certain  requirements to all H-1B employers rather than only to H-1B  dependent employers;

(5) prohibit employer advertising that makes a position available only to, or gives priority to, H-1B nonimmigrants; and

(6) limit the number of H-1B and L-1 employees that an employer of 50 or more workers in the United States may hire.

L1 visa holders Info in Draft

Also, some of the conditions for L1 visa holders are listed below. Below is taken as it is from Draft.

For L-1 visas, the proposal prohibits, with a specified waiver by the Secretary of Homeland Security, an employer from hiring an L-1 nonimmigrant for more than one year who will: (1) serve in a capacity involving specialized knowledge; and (2) be stationed primarily at the worksite of an employer other than the petitioning employer. The proposal also specifies L-1: (1) employer petition requirements for employment at a new office; (2) wage rates and working conditions; and (3) employer penalties. DHS will be authorized to initiate investigations of L-1 employers suspected of being non-compliant with the law. DHS shall also report to Congress regarding the L-1 blanket petition process.

It will be interesting to see how this will turn out. You may read the below articles for full information. Check pages 18 – 22 of original Draft.


Reference News Articles :

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19 comments… add one

  • Gol Jun 26, 2013 Reply

    If MBA is not a part of the STEM list, how come the last program on the STEM-Designated Degree Program List is Management Science and Quantitative Methods

  • uxma Mar 27, 2013 Reply

    is it possible for an employer to apply for an h1 for a student on f1 if they want that person badly

  • Aditya Mar 27, 2013 Reply

    Can somebody give the latest info on this bill?

  • Sumit Dec 28, 2010 Reply

    A person working on H1B visa in USA but having an advanced degree in science and technology from India will also be considered for immediate greencard availability process?

    • Kumar Dec 29, 2010 Reply

      Sumit, Nope. I do not think so.

  • tryinghard Sep 22, 2010 Reply

    I don’t think, but will MBA be part of STEM? Any ideas?

    • t Dec 9, 2012 Reply

      No, and rightfully so! MBA is business/administration.

  • Prudhvi May 8, 2010 Reply

    I doubt if this would pass in these two years…..
    If this is really a concentrating point, then what is the use of asking a student in VISA interview saying “How do i believe, if u would return to your country?”
    If every student who completes higher studies in US is given Green card, then who’s going to return? Almost 75% of students who study in USA, think of staying there itself and get settled.
    Then the country gets over populated by foreigners and one fine day, the people will start a revolution against the settlers saying that its their place and we international students are responsible for their unemployment. {just the condition presently, where people of telangana in India are asking for their own state and their own people to be employed and given value}
    But still I do welcome this because it really going to give birth to new aspirations for students. So, its better that this gets passed…….
    HOPING FOR ITS SUCCESS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


    • Uxma Nov 29, 2011 Reply

      You fail to notice the provisos … firstly it’s not every MS student it’s only the ones doing engineering or sciences so finance ppl DONT qualify which is the majority of foreign Masters students … as well as those who have a job offer … it’s not easy to get a job offer for there is always competition from domestic candidates so if those students land jobs they are the ones really needed in the science fields and the US wants to keep them.

      • t Dec 9, 2012 Reply

        I agree, it is only for STEM in advanced degrees and not many are in this category. Anyway,PRUDHVI – how did you get this number that 75% do not return to home countries? If you have lived in US, you will know – people routinely immigrate here and people routinely leave for their home country too. There is nothing wrong or right here.

  • Prem May 3, 2010 Reply

    Will this bill passes by end of 2010???

    • Kumar May 3, 2010 Reply

      I doubt. This is part of huge legislation and I do not see it pass this year.

  • D D May 3, 2010 Reply

    Wow! Good article. I’ve been hearing about this for the past six months, but had never seen any concrete/official information on this matter. I have a few doubts though:

    (1) Will this apply to those who have already filed for Green Card processing and those who are on H1-B, OR will it apply only to those who get their advanced degrees in STEM AFTER the law is passed?
    (2) Since it says ‘A green card will be immediately available’, does this means few months, as in normal time for USCIS processing, or does this mean many years? ‘Immediately’ is, to some extent, a relative term and does not specify how soon.
    (3) This is something I guess no one might be able to answer, but: This is just a ‘draft’. Then it becomes a proposal and if Congress approves it, it will become a law. Any idea on the timeline for this law to come into effect? Also, what’s the speculation about this ‘draft’ getting passed as a ‘law’?


    • Kumar May 3, 2010 Reply

      DD, We do not know the details yet. So, for (1) & (2) it is hard to go to specific details. I have posted the exact draft of Immigration Reform, you can read it: . When the bill goes through congress, they make amendments and do fine details. For (3) I think, this is packaged to the Major immigration reform by Obama. Hopefully in next one or 2 years…It is the up to the congress and their priorities.

      • D D May 3, 2010 Reply

        Thanks! I knew my questions were too early (and too specific) to answer. I doubt if even Pres.Obama can answer them presently! LOL

  • Hadeed May 3, 2010 Reply

    Does this also includes field of Finance/Accounting too?

    • Kumar May 3, 2010 Reply

      I do not think that will include Finance/ accounting. I think they mean STEM Degrees when they say Technology or science degrees. Here is the List of STEM Designated Degrees List

      • Prem May 3, 2010 Reply

        Hi Kumar,

        do we need to check USCIS on regular basis to get updates on this bills?? any idea with in how many months or years will this bill be passed??


        • Kumar May 3, 2010 Reply

          USCIS will not have updates on the bill until this is passed. Updates will be published in News websites . I have no clue how long it will take. At least one year for sure…

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