Hot off the Press! Senator Chuck Grassley Removes Hold on Fairness for High-Skilled Immigrants Act

U.S. Senator Chuck Grassley (R-IA), a strong opposer to American companies hiring foreign workers is now supporting the Fairness for High-Skilled Immigrants Act (H.R. 3012).  Last month, Sen. Grassley finally announced the removal of his hold on the Act which was preventing it from being passed by the Senate.  If passed by Congress, the Act will have significant effects on visa wait times for immigrants from India and China and influence the procedures for H-1B visa applicants.   

The Act, first introduced in Congress in September 2011, aims to completely eliminate the employment-based immigrant per-county caps by year 2015.  As well, the Act sought to increase the per-country numerical caps for family-based immigrants from 7% to 15% of the total number of family-sponsored visas.  As it stands today, employment-based green cards for any single country are limited to 7% of the total number of green cards available each year.  For example, for fiscal year 2012, the total number of green cards available for employment-based immigrants was 140,000. As a result, only 9,800 (7% of 140,000) immigrants from one single country would be given green cards.   

However, if the Fairness for High-Skilled Immigrants Act is passed, this 7% per-country cap on the distribution of green cards will be eliminated.  Instead the Act will create a pure first-come first-serve system, where employment-based green cards are distributed in the order in which the petitions are filed, regardless of the applicant's nationality.  It is estimated that the elimination of these caps will bring the waiting periods for green cards down to roughly one to two years for applicants from India and China.  

In exchange for Sen. Grassley's removal of his hold, he added several amendments to the Act which will reform the H-1B visa program.  These amendments will impose extra levels of scrutiny on H-1B employers and extra compliance requirements. 

All in all, with Sen. Grassley's announcement that he is lifting his hold, things look very promising for the Fairness for High-Skilled Immigrants Act.  Should Congress approve the Act it will substantially impact various areas of U.S. immigration law.  The most important change being the complete removal of the per-country numerical caps on employment-based immigrants, which would finally alleviate the significant backlog of Indian and Chinese immigrants waiting on available green cards.  

The Importance of AC21 Portability and Notifying USCIS of any Change in Employers

Under the American Competitiveness in the 21^st Century Act (AC21), applicants with approved Form I-140s awaiting green cards can change employers and extend their current H-1B status beyond the 6-year limit.  This benefit of being able to switch employers from the employer who initially petitioned the applicant's employed-based visa (I-140) is called "portability."    

Applicants will be eligible for the AC21 portability benefits and seek new employment when the following are met:

1. The employment is in the "same or similar" occupation classification as the one described in the initial Form I-140;
2. The Form I-140 has been approved by USCIS, or is approvable when filed concurrently with I-485; and
3. The Form I-485 has been pending for at least 180 days.

Furthermore, the new job does not have to be in the same geographic location, the new job does not have the pay the same or a higher salary; and no new labor certification needs to be filed.

It is vitally important to notify USCIS of any change in employers and that you are using the benefits of AC21 portability.  Firstly, you must inform "material changes" that have occurred in your life that affect your immigration petition.  A change in employer is a material change.  Second, if the immigration officer adjudicating your I-485 (adjustment of status) application does not know you have changed employers, the inconsistency between your current employer and the employer who filed your initial I-140 petition can be grounds for a denial of your I-485.      

Should you need assistance in invoking your AC21 portability benefits, please contact Challa Law Offices at 804-360-8482 for our VA office, 919-380-4044 of our NC office, or at info@challalaw.com.

U.S Consulate in Hyderabad, India is Discontinuing Advance Submission of Documents 

On August 1, 2012, the office of the U.S Consulate in Hyderabad, India announced it is no longer accepting the advance submission of documents for all Business Executive Program (BEP) cases and for all H and L visa cases as of August 6 2012.

The last interview date for advance submission was August 3 2012. Anyone with visa appointments with the consulate from August 6 2012 onwards are now required to carry their documents directly to the consulate on the day of their interview.

The U.S. is seeking to Tighten Laws on the Issuance of Student Visas

On August 8, 2012 the House of Representatives passed the Student Visa Reform Act, H.R.3120 in hopes of preventing student visa fraud and "sham universities".  The Act looks to close certain loopholes in the student visa process in the wake of the Herguan University student visa fraud case where the CEO of the university was charged with visa fraud and luring international students to his unaccredited school using fraudulent documents to obtain visas.    

The Act seeks to impose stricter requirements before granting a student (F-1) visa.  First, the Act requires that colleges, university, or language training programs be accredited by an agency approved by the Secretary of Education in order to accept foreign students.  The Act also sets guidelines to prevent fraudulent "sham universities" by prohibiting any institution enrolling foreign students from hiring a person convicted of an human-trafficking and visa fraud offenses to serve as the school's principal, owner, officer, board member, general partner, or other high-ranking position.  The Act also grants colleges and universities a three-year grace period in which to comply with the legislation's accreditation requirements.