The Impending Law: Hr 1044'S Looming Legal Status

HR 1044, also known as the Fairness for High-Skilled Immigrants Act of 2020, was passed by both the House and the Senate on December 2, 2020. However, it was passed in non-identical forms, and the differences were never resolved. As a result, the bill died in Congress and did not become law.

The bill passed in the House and Senate but never became law

The Fairness for High-Skilled Immigrants Act (H.R. 1044) was a bill introduced in the 116th United States Congress on February 7, 2019. The bill intended to amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, increase the per-country numerical limitation for family-sponsored immigrants, and make other changes to visa requirements.

The bill was passed by both the House and the Senate on December 2, 2020, but in non-identical forms, and the differences were never resolved. This meant that although the bill had majority support in both chambers of Congress, it did not become law. For a bill to become law, it must be passed in identical form by both the House and the Senate and then be signed by the President.

The bill's failure to become law can be attributed to several factors. One factor was the inclusion of a provision that removed an offset that reduced the number of visas for individuals from China. This provision was controversial and may have contributed to the Senate's reluctance to pass the bill in the same form as the House. Additionally, there may have been concerns about the potential impact of the bill on certain industries and workers in the United States, as well as the lack of hearings and opportunities for amendments.

The bill's proponents made multiple attempts to reintroduce it and reach a compromise between the House and Senate versions, but these efforts were ultimately unsuccessful. The bill's failure to become law highlights the complex nature of the legislative process and the challenges of passing immigration reform in the United States.

It aimed to amend the Immigration and Nationality Act

H.R.1044, also known as the Fairness for High-Skilled Immigrants Act, was a bill introduced in the 116th United States Congress. It aimed to amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants and increase the per-country numerical limitation for family-sponsored immigrants.

The bill sought to address issues related to employment-based visas and annual limits on certain visas. It proposed to eliminate the 7% cap for employment-based immigrant visas, allowing for a more diverse pool of talent across various occupational sectors. Additionally, it aimed to prevent the monopolization of green cards by citizens from a single or a small group of countries.

The bill also included provisions to limit the percentage of employment-based visas for H-1B (specialty profession) and H-4 (family member of H-1B visa holder) nonimmigrant visa holders. It established transition rules for employment-based visas, such as reserving a percentage of EB-2 and EB-3 visas for individuals from countries other than the top two recipients. It also aimed to allocate visas for eligible professional nurses and physical therapists.

Furthermore, H.R.1044 sought to remove an offset that reduced the number of visas for individuals from China and bar individuals affiliated with China's military forces from obtaining permanent legal resident status. It imposed additional requirements on employers seeking H-1B visas, such as providing detailed information about the position and refraining from advertising the preference for H-1B applicants.

The bill also expanded the Department of Labor's authority to review and investigate H-1B applications for fraud and increased civil monetary fines for visa-related violations. Additionally, it established a mechanism for eligible aliens and their dependents to obtain work authorization or travel outside the United States while awaiting an immigrant visa.

It would have removed the per-country cap on employment-based green cards

The Fairness for High-Skilled Immigrants Act (H.R. 1044) was a bill in the United States Congress that sought to remove the per-country cap on employment-based green cards. The bill was first introduced in the House of Representatives in 2019 during the 116th Congress and was passed by both chambers on December 2, 2020, but in non-identical forms, and the differences were never resolved.

The per-country cap is a safeguard that prevents green card numbers from being monopolized by citizens of one or two countries. The current rules allow citizens of each country to receive up to 7% of all professional employment green cards issued annually. Removing the cap would have had a significant impact on the distribution of green cards, particularly for citizens of India and China.

Under the existing system, citizens of India receive approximately 25% of all professional employment green cards each year. However, if H.R. 1044 had become law, it was estimated that citizens of India would have received more than 90% of these green cards for at least the next 10 years. This would have resulted in green cards being unavailable to applicants from all other parts of the world for the same period.

The bill also included a provision to eliminate the per-country cap on the EB-5 category, which enables foreign investors to receive green cards. If passed, this change would have primarily benefited Chinese investors, as they would have received the majority of these green cards, further squeezing out citizens of other countries.

The implications of H.R. 1044 were far-reaching and controversial. Supporters of the bill argued that it would have addressed the backlog problem for certain countries and promoted merit-based immigration. On the other hand, critics argued that it would have benefited specific industries, such as Big Tech, and particular groups of applicants, while disadvantaging others. They also highlighted the potential impact on national-origins diversity, with concerns that it could have led to an "India First" immigration policy.

It would have increased the per-country cap on family-based immigrant visas

H.R. 1044, also known as the Fairness for High-Skilled Immigrants Act, was a bill introduced in the 116th United States Congress on February 7, 2019. The bill aimed to amend the Immigration and Nationality Act by eliminating the per-country numerical limitation for employment-based immigrants and increasing the per-country cap on family-based immigrant visas.

The bill proposed to increase the per-country cap on family-based immigrant visas from 7% to 15% of the total number available that year. This change would have had a significant impact on the distribution of visas, as it would allow for a greater number of visas to be granted to individuals from any one country.

The current rules limit the number of professional employment green cards that citizens of India can receive each year to around 25%. However, if H.R. 1044 had become law, citizens of India would have been expected to receive more than 90% of these green cards for at least the next 10 years, according to the USCIS. This would have resulted in a decade-long unavailability of green cards for applicants from all other parts of the world.

The bill also included provisions to eliminate the per-country cap on the EB-5 category, which allows foreign investors to receive green cards. If passed, this change would have primarily benefited Chinese investors, as they would have received the majority of these green cards, further squeezing out citizens of other countries.

While the bill was passed by both the House and the Senate, it was not enacted into law due to differences between the versions passed by each chamber that were never resolved.

It would have impacted H-1B and H-4 visa holders

H.R. 1044, or the Fairness for High-Skilled Immigrants Act of 2020, was a bill introduced in the 116th United States Congress on February 7, 2019, by Rep. Zoe Lofgren (D-CA-19). The bill aimed to modify requirements related to employment-based visas, specifically H-1B and H-4 visas, and included provisions that would have had a significant impact on visa holders and applicants.

H-1B visas are for non-immigrants in specialty professions, and H-4 visas are for family members of H-1B visa holders. H.R. 1044 sought to limit the percentage of employment-based visas that could be granted to individuals on these visas. The bill also imposed additional requirements on employers seeking H-1B visas, such as providing detailed information about the qualifications and application process for the position and refraining from advertising that the position is only available to or prefers H-1B applicants. This would have directly impacted H-1B and H-4 visa holders by potentially prolonging the visa application process and making it more stringent.

Furthermore, H.R. 1044 aimed to remove the per-country cap on employment-based green cards. This would have had a significant impact on H-1B and H-4 visa holders, particularly those from India. Under the existing system, citizens of India receive around 25% of professional employment green cards annually. However, if H.R. 1044 had become law, it was predicted that citizens of India would have received more than 90% of these green cards for at least the next decade, according to the USCIS. This would have resulted in a drastically reduced availability of green cards for applicants from other countries, potentially affecting the long-term plans of many H-1B and H-4 visa holders.

The bill also included provisions to address backlogged petitions and allocate visas for certain occupations, such as professional nurses and physical therapists. Additionally, it removed an offset that reduced the number of visas for individuals from China and barred individuals affiliated with China's military forces from obtaining permanent legal resident status. These changes could have impacted the future prospects of H-1B and H-4 visa holders, particularly those from China, by altering the distribution of visas and green cards.

H.R. 1044 passed the House and the Senate with amendments, but the differences between the two versions were never resolved, and the bill ultimately died in Congress. While it did not become law, the bill's provisions could still have become law if they had been included in another piece of legislation. The impact of H.R. 1044 on H-1B and H-4 visa holders would have been far-reaching, affecting their visa applications, employment opportunities, and long-term plans for residency in the United States.

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