S 386 Bill Details - Chances - Amendment and All updates info article

S386 Bill – GC Country Limits Removal – Amendment, Chances, Updates

In Green Card by KumarUpdated : 39 Comments

Many of the foreign working professionals in US on non-immigrant visas such as H1B visa or L1 visa usually apply for Green Card to become permanent resident in US. Per country numerical limits for issuance of green cards is one of the biggest factors that determines how soon they will be able to get their green cards.  Recently, House passed a similar one called HR 1044 Bill that eliminates per country limits for employment based petitions. In this article, we will look at the complete details of S386 Bill, Amendment added by Senator Grassley, why  it is on hold, its chances of passing, including current status and latest updates.

What is S. 386 Bill ? 5 Key Points in the S 386 Bill in Senate ?

S. 386 Bill is also referred to as ‘‘Fairness for High-Skilled Immigrants Act of 2019’’, is a bill that was introduced in the US Senate by a group of 14 Senators like Mr. Lee, Ms. Harris. As the bill originated in Senate, it starts with an ‘S.’  The bill text is pretty much the same as the HR 1044 Bill ( Read HR 1044 Bill – Key Points, Chances, Summary), it is just that this one was introduced in the Senate. Below are the 5 key points that are part of the S. 386 to eliminate per country green card limits. You may skip the below 5 key points, if you know HR 1044 bill and go to Amendment directly.

1. Eliminate the Per Country Limits for Employment Based Green Card Petitions:

The per country limits for green cards are defined in Immigration and Nationality Act (INA) Section 202(a)(2), that states that out of the 140,000 employment based green card petitions allotted each year, 7% (9,800) is the maximum limit any country can get. The rationale behind the bill is that, as the Green Cards are given based on employment in this category and there should not be any discrimination or limit based on country of origin. Also, it is not fair to have same 7% country limits for small country like Iceland with 338K population vs India with 1.39 Billion population. As you can see below in screenshot from bill text, where they say that the text in INA has to be amended as below.  

S 386 Bill Official Info

Also, below you can see the INA text, where it has “and employment-based immigrants”, which they ask to strike out

Immigration and Nationality Act - Remove Per country Limits for Employment Based Reference details

2. Increase per country limits for family sponsored Green Card petitions :

If you notice closely in above screenshots, the previous text in INA says 7% limit, now with the new text to be replaced in INA, it says to be modified to 15%. Essentially the bill would change the limit for family sponsored green cards per country limit from 7% to 15 %.

3. Transition Rules for Employment Green Card Petitions from FY 2020 to FY 2022 :

The transition rules are in place to make sure big countries, such as India or China do not take up everything in the first few years.

  • For Fiscal Year 2020 ( Oct 2019 – Sept 2020) : 15% of employment based green cards should be allocated to immigrants from of two non-major foreign states ( like  India, China). Basically, 15% reserved for rest of the countries and only 85% to be allocated to major countries like India, China.
  •  For Fiscal Year 2021 ( Oct 2020 – Sept 2021) : 10% of employment based green cards should be allocated to immigrants of two non-major foreign states ( like  India, China). Basically, 10% reserved for rest of the countries and only 90% to be allocated to major countries like India, China.
  • For Fiscal Year 2022 ( Oct 2021 – Sept 2022) : 10% of employment based green cards should be allocated to immigrants of two non-major foreign states ( like  India, China). Basically, 10% reserved for rest of the countries and only 90% to be allocated to major countries like India, China.
  • After Fiscal Year 2022 ( From October 2022), there will NOT be any reservations for non-major foreign states.

 4. Per Country limits in the Transition Rules for Employment Based from FY 2020 to FY 2022:

  • Reserved Visas: In the above mentioned reservation of 15% and 10% for non-major states during transition period, the number of visas for any foreign country (that is a non-major state) shall not exceeded 25% or 2% for dependent areas ( these are not independent countries, but dependent colonies, parts of certain countries like French Polynesia of France. Read on State.gov – Dependent areas ) of the total reserved visas. Meaning that any country that is part of the non-major countries list (not like India, China) cannot take up more than 25% of the total reserved visas/green cards.
  • Unreserved Visas: During the transition period of FY 2020, 2021, 2022 as mentioned above, for the all the un-reserved visas ( basically 85% in FY 2020, 90% in FY 2021, FY 2022), not more than 85% of visas should be allocated to single country. Essentially, they are telling that of the un-reserved portion cannot be taken up by one country alone and the maximum they can take is 85% of the quota. E.g. India or China can only take up 85% maximum from the 85% pool in FY 2020
  • Special Rule to prevent Unused Visas :   During the transition period of FY 2020, 2021 and 2022, if any of the visas are left over or unused due the clauses as listed above like per country levels, and reservations, then such visas should be given to remaining ones in line without applying such restrictions.

5. Current Approved Beneficiaries in line – Transition Rule:  

To prevent harm to anyone waiting for green card, a clause is added. It says that, if you are already waiting in line for Green Card with approved I-140, you would either have same or shorter wait time, after this bill is passed. The intent of this clause is not to harm or impact people already waiting in line for Green Card with priority date. The goal of the clause is to prevent someone applying today for I-140 and getting ahead of someone, who has been waiting in line before the passing of this new rule.

For Official Text, info, status Check S. 386 Bill Text on Congress.gov

What happened to S 386 Bill after it was introduced in Senate ? Total Sponsors.

After the bill was introduced in Senate in Feb 2019, the total co-sponsors for the Bill grew from 14 to 34 members until now. As per the Steps on How a Bill Becomes Law in US, similar to any bill in house, senate bill also has to go through the respective committees and then goes for the senate floor for debate, then voting. In case of S.386 as part of that committee process, there were few H1B related amendments introduced by Judiciary committee Senator Chuck Grassley. Let’s look at them.

S 386 Amendments by Senator Grassley related to H1B Program and Labor Condition Process :

On July 9th, 2019, Senator Chuck Grassley included many H1B program and Labor condition application(LCA) related provisions as amendment to the original bill. Below are those amendments. If you are not familiar with LCA, first read What is Labor Condition Application (LCA), Why file it?

  • Post H1B Jobs on Department of Labor :  within 180 days from the date the bill passes, Department of Labor(DOL) should setup a “Searchable Internet website” to post the H1B positions that are available to be viewed by public for free. The job has to be posted for at least 30 days  on the website and has to have all the below information :
    • Job Description, Title, Occupational classification, education, training and experience required.
    • Salary and wage details, employment benefits
    • Location of the employment
    • Process to apply for the position.
    • DOL may work with private companies, non-profit orgs to development and manage the H1B jobs website.  
    • See below screenshot of the actual amendment text
H1B Job Posting requirement in S386 Amendment
  • H1B Employer Application Requirements for New Applications :  As per the amendments, below are the various rules that need to be complied by the employer when they do recruiting for open positions.
    • For new applications, the employer or anyone hiring on behalf of employer should not advertise the position saying that it is available only to H1B holders and there will be priority for H1B applicants.
    • If the employer already has H1B workers, they need to submit the IRS W-2 forms related to H1B workers to the DOL Secretary.
    • The LCA should also have the prevailing wage determining methodology information.
  • New LCA Fee : Currently, there is no fee for filing LCAs. In the new proposed rules, for administrative expenses, DOL has to come up with a fee for LCA filing and tracked under an account called  ‘H–1B Administration, Oversight, Investigation, and Enforcement Account’  and used for H1B program by DOL.
  • Elimination of B1  visa in lieu ( instead) of H1B : It says that US State department should not issue B-1 visa for short term work contracts, instead of H1B visa. In general, even today B1 should not be used for short term projects. The goal of this point is to weed out companies trying to eliminate LCA process and H1B for any short term work. This is something that many companies use and abuse as well for short term projects, the trick is in the enforcement.  
  • H1B Employers Investigation and enforcement, LCA Reviews : There are many clauses like below added to enforce the LCA measures and tackle violations by employers.
    • Additional protections for employees who report violations of employers related to wages or LCA provisions
    • Information sharing between USCIS and DOL regarding the H1B petitions that can be used by DOL for enforcement and compliance.
    • Additional authority for Dept of Labor (DOL) to review the LCA beyond just the completeness of the LCA form and to look for any fraud or false information by employers.
    • Prevailing wage enforcements to make sure the employers are obligated to pay the actual wages that are there in a particular geographic area for similar experience, job role with similar duties.
    • If there are complaints, DOL may initiate investigations in detail. Also, DOL may conduct surveys and annual audits for LCA compliance.
    • DOL to conduct annual compliance audits for employers with more than 100 employees and have 15% of the workforce as H1B. Annual reports on audit and compliance for public review.
    • The penalties amount paid by employers for violations are modified to be more for anyone who violates any of the rules of LCA.
    • Expansion of DOL’s authority to conduct investigations based on anonymous complaints, where DOL would provide notice and details to respond before investigation. Also, if DOL finds the employer did not comply requirements, such info maybe shared with interested parties, and a hearing with them within 60 days. Also, penalties will be imposed, if found any violations.

You can read the official text of the amendments of S 386 on Congress.gov

S 386 Blocked by Senator Rand Paul – Reason : Carve out for Nurses

In July, the bill was brought on to the floor but was blocked by Senator Rand Paul for voting. The reason for blocking or hold is that Senator Paul wants to introduce carve out ( set aside some amount) for nurses. The argument for carve out for nurses is that, nurses in general are not eligible for H1B and cannot work while waiting for their green cards. If S. 386 passes in its form, it will have a big impact on wait times for nurses, who apply using EB-3 quota. Currently, majority of the nurses using EB-3 are from Philippines and there is no wait time. If S. 386 passes as it is, it will add up wait time for nurses by few years to a decade as major countries like India will take up most of the available quota. That’s the reason Senator Rand Paul wants to carve out for Nurses.

Update : The hold was removed by Sen. Rand Paul as his request was added to the new Amended HR 1044 Bill that is pretty much updated with text from S.386. Read Amended HR 1044 Bill with S. 386 Details

Latest News Updates, Status of S.386 Bill:

  • Oct 10th, 2019 : A walk was organised in Chicago by Illinois Immigration Reform, primarily high skilled workers from India, to demonstrate their concerns like decades long wait times, issues like aging out of kids and convey Senator Durbin the urgency, pain and importance to pass S.386 / HR 1044. He has put a hold on the current bill in Senate. The walk is to help Sen. Durbin understand the importance and remove his hold. It is reported about 5000 people attended the walk. Also, at the same time, there was a small group of people opposing the same Bill from rest of the world population asking to continue the hold of S.386 / HR 1044 and the current bill is not fair for rest of the world. USAToday covered a news article that talks about the rally and how this bill has divided people… See below couple of tweets and pictures from the walk.
  • Oct 4th, 2019 : It is reported by one of the Irish American News website called as IrishEcho indicating that a letter was written to Sen. Durbin urging that the S.386 is not fair or Irish people and it will impact them. Essentially urging the senator to continue the hold on S.386/ HR 1044 and oppose the same. Check more at https://www.irishecho.com/2019/10/hibernians-sound-alarm-over-immigration-bill/
  • Oct 1st, 2019 : Nothing new from the progress of the bill HR 1044/S.386 standpoint, but there was an update shared by Immigration voice on the situation with Senator Durbin, some history and his stance. You can read it on Facebook Post . The post indicates that the future of the bill is uncertain as Sen. Durbin would object/ block it unless, there is increase in Green Card numbers…
  • Sep 26th, 2019 : Couple of key updates today on S386/HR1044.
    • The HR 1044 was not brought onto the floor as expected previously. It was updated by Immigration Voice that the voting would not happen. Check their Tweet .
    • Everyone wondered the reason, later the videos related to Senator Dick Durbin indicate the discussion on the HR 1044 bill and where Dick Durbin mentioned that he spoke to Senator Lee on this topic and he would want to do a fix that will benefit everyone and not hurt others. His goal is to raise the overall number of green cards under the EB category, rather than the current bill that favours Indians and hurts rest of the world. Senator Lee knew that he would get objection from Sen. Durbin, hence he did not bring it on the floor…That’s the reason for not having vote today. See below videos captured by users circulated on WhatsApp from the meeting with public. Listen to last 40 seconds, where he talks about what was offered to Sen. Lee.
  • Sep 25th, 2019 : Senator Lee updated on his live Facebook Stream that he got agreement from Sen. Perdue on the language and he will bring the HR 1044 ( which is S.386 +H1B Amendments, LCA + Nurses Provision) again tomorrow Sep 26th for Unanimous consent. But, he expressed his concern that Sen. Dick Durbin might object. We need to wait and see. Check out Facebook Live Video from min 29 to 33.
  • Sep 19th, 2019 : The amended HR 1044 bill, which is nothing but S.386 with Amendments from Sen. Grassley and Sen. Rand Paul was brought on to the Senate Floor for Unanimous Consent by Senator Lee. It was objected by Republican Senator David Perdue from Georgia stating that the language needs to be changed and it will impact certain industries in his state. Sen. Lee promised to work with him and come back next week on to senate floor.
  • Sep 17, 2019 ( Unofficial ) : ImmigrationVoice Reports that Senator Paul has agreed to remove the hold on the S.386 bill and it will be brought to the floor for unanimous consent on Sep 19th, 2019. They claim the below.
    • Senator Paul has agreed on a compromise to set aside 5,000 per year for Schedule A workers ( professional nurses) for the next 9 years. In fact, the Schedule A workers receive about 5,000 green cards per year currently.
    • The plan is to take up H.R.1044 in Senate with Unanimous consent and amend the changes in the S.386 bill as listed above regarding worker protections and Sen Paul’s Schedule A workers ( nurses) changes in the bill and move it forward.
    • Check Immigration Voice Facebook Post for the actual text claimed by them.
    • No Change to the S386 Bill on the Congress website. But, there are changes to HR 1044 Bill. Check news updates of HR 1044 Bill for more info.
  • July to early September 2019 : The bill is blocked by Senator Rand Paul. There is no new development on S. 386 Bill.

What are the chances of S. 386 Bill to pass in Senate?

Even though HR 1044 was passed in House with a big majority, S. 386 path to pass in Senate is rather very steep. In general, in Senate to go for voting, you need unanimous consent, but any senator or group of senators can put on a hold or block it at this point.  If they do not remove hold and intend to continue debate, it is called filibuster (endless debate). To get out of it you need 60 votes called Cloture to get out of it. If you want more,  read How a Bill becomes Law in US.  In S. 386 bill context, Senator Paul has put a hold and to get out of that situation, they need 60 votes, currently, there are only 34 sponsors. Which is almost half of what is required to get out of the hold.  Unless, there is really good support in senate, the bill will very likely not go any far. 

   If current sponsors of the Bill headed by Senator Mike Lee S. 386 goes to next step by accommodating Nurses Carve out, the risk is that other Senators can also put holds and add on some other amendments as riders  ( amendments that may not be relevant to the bill) and further make it difficult to pass. So, as it stands today, unless the co-sponsors of the bill hit at least 60, the chances of the bill going forward are very low…

What do you think of the S. 386 Bill ? What are its chances in your view in Senate ?

   

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Comments ( 39 )

  1. USlegalresident

    Support the below link if you agree and keep retweeting it every day, don’t put effort anywhere else.

    https://twitter.com/ResidentUs/status/1180530051332206594?s=20

    Hi All,

    I have been watching for few days the news on S386/HR1044 , the bill has created a perfect
    divide between the ROW, India and China (Specially the EB5), I understand the plight of Indian and Chinese(Eb5) where they worried more about thier H4 Kids which are aging out. They not worried about thier greencard, they are fighters with all the visa renewal process.

    But at the same time we need to understand we cannot have this problem passed on to the Kids of ROW.

    S386 kind of solution will create division among Genunie Hardworking Legal Tax Paying Resident.

    Solution needs to be such that which is win win for everyone(ROW,China,India and President) and here
    is what I propose.

    Currently the biggest challenge is not the 7% country cap, but the inclusion of FAMILY MEMBERS
    in Employement visa category.

    Due to this even if a country with 7% cap gets 10K visa, every family members are added to it the greencard count get reduced to 1/3 (3.3K).

    We should try to have a Bill Passed which will have the Employement Category greencard only for the Employees. For Spouse/Kid use greencard from Family category quota (which are more than 1/2 million) . This will make everyone happy.

    India Eb2/Eb3 backlog will be cleared in 3 years
    China EB5 backlog will be cleared in 4 years.
    China Eb3/2 will become current.
    ROW will have more Greencard, which will spill over to backlog countries.
    President goal of having family visa only for Spouse and Kids.
    And last we can have a 5K Dollar Border security fee added to the Employment Greencard, which will help them collect 1 Billion Annually.

    1. Aalisha

      Indians go through so much pain for decades. It’s not just employment slavery. Marriages go bad in decades and women suffering can not come out of it. Maybe it’s just bad abuse and not violence and they have no way to get out of it. They leave their country, their job, their life and get stuck here. Also it’s racial discrimination in a country like USA where some people are getting green card in 10 months and others don’t get it in 10 years under same visa category.

  2. AK

    If people are not going to get GC in their life time, we are still considered temporary work force and cannot get benefit out of Security and Medicare taxes that we are paying, then we should challenge this tax deductions from our pay check in US court. Many other countries either do not deduct social security or return all the tax deducted ones you leave that particular country.

    Why we have to donate our hard earned money to ROW (Rest of the world) who just cut line and get their GC in just 6 months?

  3. Felix

    First of all, no one mentioned about current H1B system, which is dominated by Indians (over 75%). This is due to Indian outsourcing companies (Infosys for example). Many candidates reside in India and don’t even have a US degree (some file multiple petitions), which caused a large amount of candidates waiting for Green Card. This hurts not just people from other counties, but also Indian people who fight hard to get a H1B vsia. Abuse of H1B system by Indian companies should be blamed for this. Secondly, the bill will definitely hurt the diversity of US workers and the average waiting time will go much longer (over 10 years) for other candidates. Most Indian candidates are in tech industry, which mean candidates from other industries (healthcare, manufacturing, biotech, etc) will be impacted dramatically. This bill will do harm to other candidates without fixing the root cause. Last but not least, without increasing the green card cap for all countries, the bill is actually not in pursuit for fairness. In fact, the number of green cards granted to Indians every year is much more than other countries. Removing the country cap won’t solve the issue. We either increase the Green Card cap or move toward to a merit-based Green Card system is the right path to go. Let me know your thoughts, I am ready to answer any questions.

    1. Winston

      You are absolutely right. The first thing first is to fix the abused H1B system, so those IT consultant comany cannot ship cheap labor from India to replace American tech workers.

      Only after this problem is solved, can congress draft a bill granting green card to people who have been waiting in line for long time. This current bill is going to take the green card quota from other countries and to benefit India only, it is simply wrong.

  4. mannam

    Bunch of clowns who are jealous of indian’s success making these cheap statements…loopholes are everywhere and there are people who abuse system everywhere, not just indians, not just happening in H1 visas…

    Today with these stupid country limits even Micro Soft Satya Nadella or Sundar Pichai (Google CEO) could get stuck in these queues for decades…someone who barely knows anything from small countries are given green cards, that’s fine with these folks complaining.

    Only when it comes to indians these people have problem…so many factless statements

  5. rkr

    whoever you are , where do you get these thoughts of 6 months of training and getting into USA? those who have skills and knowledge , they should never worry about competition. I think this is reaction reflecting insecurity. we all are humans and not everyone from a specific country produces best talent so only blaming india does not make sense. I have been working with many people from all over the world and i see very knowledgeable and lesser one too..so it is useless to go through all these arguments rather invest our time to learn something new for our future..

  6. 北美大侠

    guys, you all missed a very important answer to fundamental question even before this debate starts. What is the definition for a high skilled worker? Let me explain something : number can be cooked, common sense can not. A qualified high skilled worker usually takes 16 to 22 years of study and training. There are about 24% Chinese companies listed on Forbes 500, in contrast to only 1.4% Indian companies on Forbes 500. Does this real statistics reveal some insights about high skilled workers? This morning I was in a elevator, there were 7 peoples, 6 of them are Indian, when I walk out of elevator, I saw another two Indian, this is a random sampling, you can find the similar situation yourself in high skill required companies. Let’s recall how this happened – globalism, American companies want to outsource high paid job to oversea, Indian is by happen a English speaking nation with cheap labors. Big global companies want cost-saving by bringing over cheap labors from India through IT consulting companies, actually there are not really qualified worker, they just went through a 3 to 6 months intensive bootstrap camp programming training. So in essence, ICC business model is to run an immigration companies, ICC also exploits Indian folks by luring H1B path to green card. So for those people who believe this scheme bill, do yourself a favor, go to google put keywords 95% unqualified programmer, you will find a creditable article here with good reasoning: https://economictimes.indiatimes.com/jobs/the-real-reason-why-95-of-indian-engineers-cant-code/articleshow/62067588.cms

    This bill is a fake scheme full of horse dirt, more interesting thing is many of politicians might not know what they are doing, they are just doing colleague a political favor, this bill is nothing more than a lobbyist operation backed by Indian IT consulting companies. They want their unscrupulous conduct of immigration business model to be rewarded big time, the diversity and ecosystem in high skill required companies will completely eliminated, this will be a very sad and bad thing for every one in USA America born included except for Indian folks. Common sense rules.

    1. GG

      Perhaps you can start by explaining why there are more Chinese than Indians in America. How conveniently you forget that fact? The only difference is Indians mingle more freely with the rest of the people while the chinese are huddled together in their China towns all over the country.

      About Chinese companies listed on Fortune 500, that is the biggest joke I have heard. You steal ideas, patents, technologies everywhere and talk about your Fortune 500 companies. I bet you will have less than 1% once you account for the stolen ideas and pay for it…What a joke! At least Indians are not involved in stealing ideas and taking to other countries.

      Besides, you have idea of the deep shit you are in. It is only a matter of time before you realize how this system will screw you up too.

  7. Zhifeng Xu

    The reality of S386 is: through decades of abusing, now Indians have already taken up 75% of the total H1B visa. The green card cap for all the other countries is 7% while Indians have 20%. Now they want to pass s386 to occupy every single green card! And Chinese will not get any of the Green cards in the coming 10 years either! As a result, S386 should not be passed before the following two steps are fulfilled:
    Step 1. Since a large part of these H1B visas are problematic and should checked, the illegal applicants should be revoked their H1B visas even green cards; Step 2. Since Indians have a cap of 20% while others only have 7%, we count how many more green cards are issued to Indians than people from other countries, and Indians should have zero green card until such a discrepancy is covered. The core is not about nationality, it is about CHEATING. In the name of fairness and justice, we should clear up those cheaters first. For example, nearly 75 out of 100 have passed an exam and get offered a job through cheating. One day clear evidence shows there exist cheating! Rather that given those 75 cheater a job immediately, we should check how many of them are cheaters and revoke their job offers, and give the offer to those legally passed the exam their jobs! Or else, by giving those 75 cheaters a job means unfair for those who may have the job but got their job stolen by those cheaters! Or we can choose a better such as increase the cap gradually, like 14% for the next year, then 28%, then 56% , then 100%. What’s more is that S386 will clearly hand over more jobs from US citizen to Indians and decrease total number of jobs for US citizens. The present S386 is absolutely the worst solution. The video below can help you learn the situation better:

      1. Winston

        There is a mechanism in USCIS called “spill over”, which means the un-finished greed card quota from other countries can be allocated to countries with very high demand like India, China etc (mainly benefits India), so the actual share for India applicants is 20%, not 7%.

        1. Ramona

          While the concept of spillover exists , USCIS never shared any data on how many Green cards were issued under “spill over “. Now, how did you service this magic 20% number which was not even published by USCIS ? If you did some Math to derive the 20% number can you share it with public ? If not can you agree that you just MADE THAT UP ???

          1. MS

            What Winston said is pretty much accurate and not made up at all. There are data supporting what Winston said. Please go to https://www.dhs.gov/profiles-lawful-permanent-residents and see for yourself how many employment based green cards were awarded to Indian Citizens every year. I just looked at latest three year (2017, 2016 & 2015) and it averages around 17% of the total allotted 140,000 green cards annually. Do not try to mislead folks with your propaganda. Please keep in mind that there are smart and informed people who can dig in deep and find out where the data are. Just because you do not know it, does not mean the data do not exist. Ramona is absolutely wrong by saying US Governments never shared data on how many green cards were issued under spillover. Please go to the website and look for yourself.

          2. MS

            In fact, I just looked at the year 2014 and the number of GC awarded to Indians are 40,980 which is equivalent to a staggering 30% of the annual 140,000 of employment based green cards. Indian nationals are already getting a way more share of their stipulated 7% quota and now they want 100% of the annual green cards to be granted to them. LOL.

          3. Winston

            Thank you very much MS for providing accurate data from DHS.

            Actually, the best way to get correct numbers on this issue, is to have a public hearing at the Senate, so that officials from DHS, USCIS would provide detailed information.
            They would also have a chance to explain, from US government point of view, why both DHS and USCIS oppose s386.

  8. Mohammad

    This bill is not just about killing the diversity of races, but also it will destroy the diversity in the field of employment. Since most of Indians are employed in the IT, for more than 10 years there will be no green card for physicians, scientists, researchers, physicists, mathematicians, astronomers, and etc.
    Removing country cap seems fair, but adding a field of expertise cap is also necessary.

  9. YY

    This bill will make US much less attractive for foreign high-skilled worker except Indian. In the next 10 years a large amount of Indian who work for IT companies will get the green card while people from other countries including China will not get chance to the green card. It is OK to say this is employment-based not diversity-based. However, you will almost only get the IT workers in the next 10 years while people in other fields have minimum chance (they have to wait for a looong time) to get the green card. Do you think the absolute employment-based policy is really good for the country? No, it is not. High-skilled workers except Indian will not stay in the US when they realize they need to wait for over 10 years to get a green card.

  10. Raj

    “”Also, it is not fair to have same 7% country limits for small country like Iceland with 338K population vs India with 1.39 Billion population.””

    This is funny.

    Does the author know how percentages work?

  11. Raj

    We Indians talk about skills or diversity or culture based on whether it would benefit us in the underlying context. We take great pride in India yet we are ready to get out of India.
    Modi can have Indians as his first choice but Americans cannot have. Then we move to the topic USA is the land of immigrants and quote Statue of Liberty.
    Remember none of these are in constitution.
    We ourselves don’t have any diversity within our own country.
    How many people from other countries are allowed to work in India?

  12. Mojo

    If this passes, the US will see a major increase in Indian population for about 10 years before any other immigrants from other countries. Although there are many Chinese trying to immigrant, but the number of Indian immigrants who are not even in the US waiting for the green card is many many times more than Chinese who are in line for this. Once this is passed, the US will only see Indian immigrants for about the next 10 years (as Immigration Voice already predicted). Because of the chance of stay is pretty much eliminated, no other high-skilled immigrant-to-be would want to come to the US anymore. The only “diversity” you will have is Indians. Good luck….

    1. Fairness

      I don’t understand why people are concerned about diversity when it gets to this bill.
      This is “employment” based green card, not “diversity” based green card. So, why are you concerned about diversity? There is diversity visas and green cards meant for diversity. If you are skilled, your country of origin should not be a discriminatory factor in deciding when you get a green card.

      1. Jim

        Why is this discrimination at the first place? Every country has 7% cap. It is not only India has a cap. Maybe you should better learn what discrimination means before replying a thread.

        1. Sreedhar B

          Why do you think one country is one race? India have many languages . Each state speaks a different language and culture. It just happened to be a country. But it is equivalent of EU where many cultures ,many languages exist.

        2. Sreedhar B

          If you talk about diversity and make one queue for India, then queues should exist for East Asia/Africa/Latina/Arabs . not separate queues for internal city-like/province like so called countries..

        3. Fairness

          Take out the word “discriminatory” from that sentence and my comment still makes perfect sense. Please don’t oppose something for the sake of opposing.

    2. Indian

      Keep in mind this is employment greencard and diversity base. They are giving you visa based on your skill and talent and not from race/religion/country basis. Stop crying.

    3. USIMMI

      There will not be an increase, most of them are already in here in the workforce. Its just giving them the ability to improve the economy further by creating businesses in-turn creating more jobs rather than just being legal tax paying citizens stuck with a job/employer.

    4. Nic Roy

      As someone else pointed out Diversity based GCs are fundamentally different than Employment based GC. For employment based GC it’s idiotic and absurd to have country quotas. It’s almost like I will not take someone in MIT computer engineering because you’re from India and this year I already have 4 people from India. Any employment based GC should be based on one and only one thing that is merit, and if US system has approved their PERM or I-140 that means they’ve found those individuals credible and meritorious enough. So based on merit and not on country of birth they should be granted visa not on some archaic pre-set numbers.

  13. DeltaKiloMike

    I think that we should eliminate the H1B visa entirely. This is a corrupt process that allows American employers to outsource to cheap overseas labor over qualified Americans.

      1. HelplessLegalImmigrant

        Exactly, by letting Indians in and telling them to wait 100+ years is not fair at all .. we parents and kids are mentally suffering as we can’t plan anything. Please support S386 bill.

  14. Rajesh

    Are you sure that you always need unanimous consent for voting? I think it is based on senate committee’s prioritization criteria for a voting.

    Where did you get his from?
    “In general, in Senate to go for voting, you need unanimous consent”

    1. administrator
      Kumar

      Yes, that’s correct info. In general, the process is that in Senate, usually voting happens either after unanimous consent or when the debate ends. As there is no time limit for debate in Senate, any senator can try to put a hold by continuously debating on it, which is called filibustering…To get out of that you need a cloture and to invoke that you need 60 votes…You can read How Bill Becomes a Law in US, it has all official references for you…

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