Early in 2013, a bipartisan group of eight Senators: Marco Rubio of Florida (R); Lindsey Graham of South Carolina (R); John McCain of Arizona (R); Jeff Flake of Arizona (R); Robert Menendez of New Jersey (D); Charles Schumer of New York (D); Richard Durbin of Illinois (D); and Michael Bennet of Colorado (D) formed a committee tackle the issue of immigration reform. On April 16, 2013 the committee, known as "the Gang of 8", introduced the Border Security Economic Opportunity, and Immigration Modernization Act to the Senate.

Of note, the Gang of 8 has proposed reforming the employment-based categories, which lead to lawful permanent status (green card.) There are five immigrant visas in employment-based categories, EB-1 through EB-5. Most non-citizens who are eligible for lawful permanent status through an employment-based categories fall under the EB-2 category, for advance degree recipients, or the EB-3 category, for skilled workers. Currently, employment-based categories are subject to annual limitations.

Each year, only a certain number of immigrant visas are made available to the employment-based categories; those visas are divided up among the various categories. However since most individuals fall into the EB-2 and EB-3 categories, more people apply for those categories than visas are available every year. Non-citizens who apply for those categories but don't receive their visa before the annual limit is reached are placed in a queue based on the date of their application. As the years have gone by, the queues have grown so long that many people are forced to wait five to ten years in order to even apply for their green card. This is especially true for nationals of high-demand countries like India and China.

The Committee proposes to remedy these backlogs within the next ten years by implementing the following measures. First, the bill proposes increasing the annual limits in the EB-2 and EB-3 categories by 40%. With close to double the annual slots, those who are currently backlogged can be processed more quickly, and in the future, there will be more slots available which will reduce backlog. Additionally, the annual numerical limits will exclude immigrants with doctoral degrees; immigrants with extraordinary ability in arts, science, education, business, and athletics (EB-1 category); certain physicians; and derivatives (children and spouses) in the immigrant visa employment-based categories. These exclusions from the annual numerical limitations will result in more available slots in the EB-2 and EB-3 categories. Finally, the Gang of 8 proposes creating a new EB category for individuals who have earned a U.S. Master's degree in a STEM field as long as they have been in the U.S. for at least five years and have an offer of employment in the U.S.

This proposed reform is not only beneficial for the immigrants and their families who are currently in limbo due to the existing backlogs, but also it is beneficial for the US economy as a whole. A large percentage of the EB-2 and EB-3 work visas are sponsored by employers unable to fill positions in the fields of Science Technology Engineering and Math (STEM) with American workers. In 2006, The United States National Academies expressed its concern about the steady decline of STEM education in the United States. Since those findings were published, organizations such as Nation Research Council and government officials have made concerted efforts to address the decline of STEM education. The government has implemented several measures to remedy this issue including encouraging Americans to enter these areas of employment; strengthening STEM education in primary and secondary school as well as encouraging foreign nationals educated in these fields to remain in the United States for longer periods of time. Prior to 2012, F-1 student visa holders who graduated from US universities, regardless of area of study, were only able to work in the United States on their F-1 visa for 12 months through the Optional Practical Training extension (OPT.) As of 2012, F-1 student visa holders who graduate from STEM designated degree programs can remain in OPT status an additional 17 months after the 12 month period on an OPT STEM extension.

Thus far during the mark-up period in the Senate for the Border Security Economic Opportunity, and Immigration Modernization Act (BSEOIM), the period in which Congresspersons review bills which are introduced and propose amendments, there have not been any significant changes to the employment-based categories of the bill which were proposed in mid-April. Therefore, it is highly likely that this portion of the legislation will remain if the BSEOIM is enacted. We applaud the Gang of 8's proposal in the immigrant visa employment-based category and hope that this portion of the bill remains throughout the revision process.