Following the 2012 re-election of President Barack Obama, the calls for comprehensive immigration reform have grown stronger. At the end of January, four Senate Republicans and four Senate Democrats, known as the "Gang of 8," unveiled a Bipartisan Framework for Immigration Reform, outlining the Senate's requirements for comprehensive immigration reform. 

The framework includes creating a path to citizenship for undocumented immigrants currently living in the U.S.; improving the legal immigration system and attracting the world's best and brightest; implementing strong employment verification; and admitting new workers and protecting workers' rights. The framework does not provide any detailed plan for comprehensive immigration reform. 

Recently, however, the Senate introduced two immigration bills, the Immigration Innovation Act of 2013 and Startup Act 3.0, that propose specific changes affecting highly-skilled foreign workers, entrepreneurs and students. 

The Immigration Innovation Act of 2013

On January 29, Senators Orrin Hatch (R-Utah), Amy Klobuchar (D-Minn.), Marco Rubio (R-Fla.) and Chris Coons (D-Del.) introduced the Immigration Innovation Act or "I-Squared Act" of 2013, which addresses areas related to non-immigrant H-1B visas, dual intent for students, and employment-based immigrant visas and green cards.

The proposed changes include the following:

1. Raise the annual H-1B regular cap to 115,000, with the option of increasing it up to 300,000 to match demand.

Current law: H-1B cap is limited to 65,000 each year.  

2. Provide an unlimited number of H-1B visas to U.S. master's degree or higher degree holders.

Current law: H-1B master's cap is limited to an additional 20,000 H-1B visas each year.

3.  Allow spouses of H-1B holders to work in the U.S.

Current law: Spouses of H-1B holders are not eligible for work authorization.

4. Permit U.S. STEM (science, technology, engineering or mathematics) advance degree holders with approved EB-2 PERM applications to immediately file their green card applications.

Current law: Certain U.S. STEM advanced degree holders with approved EB-2 PERM applications continue to wait for priority dates to become current before they may apply for their green cards.

5.    Exempt the following individuals from the numerical cap on employment-based green cards: dependents of employment-based immigrant visa recipients; advanced degree holders (from U.S. universities) in the STEM fields; persons with extraordinary ability; and outstanding professors and researchers.

Current law: The number of employment-based green cards that can be issued in a year is limited to approximately 140,000. 

6.   Have no annual per-country caps for employment-based immigrant visa applicants. 

Current law: Annual per-country limits apply to employment-based immigrant visa applicants that often create huge backlogs for citizens of India and China.

7.  Permit dual intent for foreign students at U.S. colleges and universities.

Current law: Students must maintain nonimmigrant intent while in F-1 student visa status.

The bill is expected to receive opposition for various reasons. For example, critics of the H-1B visa say it is prone to abuse and fraud, encourages age discrimination, and makes the job market much more competitive for U.S. workers, which impacts wages.  

On the other hand, the bill is widely supported by U.S. tech companies (such as Intel, Hewlett Packard and Google) that need high-tech talent and view the H-1B visa as essential to hiring skilled workers.

Startup Act 3.0

On February 13, Senators Roy Blunt (R-Mo.), Jerry Moran (R-Kan.), Mark Warner (D-Va.) and Chris Coons (D-Del.) introduced Startup Act 3.0 - the updated version of their bipartisan high-skilled immigration plan to jumpstart the economy through the establishment and growth of new businesses. 

This bill promises to attract global talent by creating 125,000 new immigrant visas (conditional green cards) to two groups:

1.  50,000 foreign nationals who graduate with a U.S. advanced degrees in a STEM field and actively pursue a career in a STEM field.

To obtain permanent resident status, the foreign national must maintain lawful status (by engaging in a STEM field) for five years.

2.  75,000 foreign national entrepreneurs lawfully present in the U.S. in F-1 or H-1B status who in the first year:

o  Register at least 1 new business entity;

o  Invest or raise a capital investment of at least $100,000 in the entity; and

o Employ at least two full-time U.S. citizen or lawful permanent resident employees (not relatives).

Three years later, they must employ at least five full-time U.S. citizen or lawful permanent resident employees (not relatives) in order to remove the conditions on their green cards.

The bill also includes tax reforms to encourage more investment in new businesses and regulatory reforms to streamline other existing obstacles for foreign-born company founders. 

The Startup 3.0 Act is aimed specifically at prospective entrepreneurs and U.S.-educated tech talent. The authors claim it will create half a million new American jobs.  

The bill is supported by top U.S. companies and organizations like Microsoft, Google, National Small Business Association (NSBA), CTIA, Consumer Electronics Association (CEA), Financial Services Forum, Computer and Communications Industry Association (CCIA), TechAmercia, Information Technology Industry (ITI), Compete America, Silicon Valley Leadership Group, and TechNet. 

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While the fate of these stand-alone bills are unknown, they contain specific steps for immigration reform in areas affecting U.S. employers, H-1B holders and seekers, and foreign high-tech professionals, entrepreneurs and students. They might ultimately be incorporated into comprehensive immigration legislation, which the White House favors over individual bills.