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Immigration Innovation Act Re-introduced

Discussion in 'Immigration legislation' started by Ron Gotcher, Jan 13, 2015.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The Immigration Innovation Act has been reintroduced by a group of bi-partisan co-sponsors in the Senate. We don't have the text of the bill yet, but it is said to be the same as the 2013 version. Here is a summary of the provisions of the 2013 version by the U.S. Chamber of Commerce:

    This high skilled bill will be subject to amendment before it is brought to the floor for a vote, but as
    introduced it does the following to reform the high skilled legal immigration system:

    H-1B Reform
    • H-1B base cap increased by 50,000 from 65,000 to 115,000
    • U.S. Masters and Doctorates (regardless of field) are exempt from H-1B cap, meaning that U.S.companies could offer employment to individuals they recruit from U.S. graduate schools
    • Market regulator for H-1Bs so that cap goes up within FY if early filings exceed cap and capgoes down in following FY (but not below 115,000) if end of year FY usage is below cap
    Green Card Reform
    • EB green card quotas do not apply to spouses and minor children
    • EB green card quotas do not apply to first preference immigrants in either the extraordinary ability or outstanding researcher categories
    • Recapture non used EB FY92 going forward, with any unused EB in one FY being part of EB numerical limit for following FY
    • Elimination of per country caps for EB (and raise to 15% for FB)
    • EB green card quotas do not apply to immigrants earning US Masters or Doctorate in STEM field, with STEM definition per DHS OPT
    Reforms Promoting Consistent Decisions, Worker Mobility and Travel
    • DHS must defer to its prior adjudicative decisions regarding petitions for H-1B specialty occupation workers and L-1 intracompany transfer staff and may not deny an extension petition for the same foreign national with the same employer absent a determination of material error,substantial change, or new material information adversely impacting eligibility.
    • 60 day grace period for H-1Bs between jobs, increasing the ability of foreign professionals to be portable in the economy, the best protection of a worker’s rights
    • Visa revalidation is returned for Es, Hs, Ls, Os, Ps (temporary worker programs requiring an individual to work in order to maintain status), facilitating travel
    • Dual intent for F-1 students, allowing foreign students to study in the U.S. without being barred from taking steps indicating an interest to remain in the U.S. long term
    • Spousal work authorization for H-4 spouses of H1B workers
    Fees
    • H-1B training fee increased from $1,500 to $2,500 ($750 to $1250 for businesses with 25 or less employees) and a new green card fee (for EB1, EB2, and EB3) of $1,000 levied, with the new training fee funds and green card fees going to the states for improved K-12 STEM education,where any state can apply for a per capita portion of the money to be used to supplement, not supplant, state education funding for the purpose of pursuing state STEM-related education activities
    Market regulator for the H-1B cap, as measured by early demand for H-1Bs
    • If cap met within 45 days from first day petitions can be filed, additional 20,000 for that FY,which is added to new base cap for next year
    • If cap met 46-60 days from first day petitions can be filed, additional 15,000 for that FY, which is added to new base cap for next year
    • If cap met 61-90 days from first day petitions can be filed additional 10,000 for that FY, which is added to new base cap for next year
    • If cap met 91-275 days from first day petitions can be filed (if cap is met prior to December 31st in each FY), additional 5,000 for that FY, which is added to new base cap for next year
    • If total H1B petitions approved in FY (end of FY) is 20,000 or more under the cap for that year, then cap for following year declines by 20,000 but not below 115,000
    • If total H1B petitions approved in FY (end of FY) is 15,000 or more under the cap for that year, then cap for following year declines by 15,000 but not below 115,000
    • If total H1B petitions approved in FY (end of FY) is 10,000 or more under the cap for that year, then cap for following year declines by 10,000 but not below 115,000
    • If total H1B petitions approved in FY (end of FY) is 5,000 or more under the cap for that year,then cap for following year declines by 5,000 but not below 115,000
    • According to the introduced legislation, the H-1B cap could never exceed 300,000. We expect this cap ceiling to be significantly lowered. The highest the cap ceiling has ever been set is 195,000 and that cap has never been met. In the highest year of H-1B demand, FY2001, about 163,000 H-1B petitions subject to the cap were approved.
     
  2. Kamakazee

    Kamakazee Super Moderator

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    Other than the H1B increase, everything else is favorable to the EB immigrants in this bill. But reducing the EB GC backlog will have to come with an H1B quota increase. Too much money and lobbying poured in by the Tech industry to happen otherwise. But if removal of dependents happen, I presume we can live with that.

    Ron, how do you see the Democratic Senators voting on this? Can it pass without any illegal immigration reforms?
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I think the co-sponsors can get 60 votes in the Senate. The problem is going to be the House, as usual. If it gets through Congress, I think that the President has to sign it. I really don't see how he could veto it.
     
  4. DonDraper

    DonDraper Guru

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    This bill looks tooooo good !;) for congress
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I agree. When something seems too good to be true, it usually is. This makes enormous sense and is exactly what is needed. That's why I'm concerned that the idiots will shoot it down.
     
  6. Kamakazee

    Kamakazee Super Moderator

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    I agree Ron. This bill should get 60 votes in Senate. As usual the problem is with the House but this is a Republican Bill. Even though the same party holds the majority, the problem will be the Taliban group who does not want to see any Immigration Bills pass. Lets see how it advances.

    The Hill first reported it where I saw the news but I do not see it yet on govtrack.us. Since this is a new Congress, it will probably be a new bill number which is why I probably don't see it.
     
  7. Rick D

    Rick D Active Member

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    What concerns/scares me a little is the following scenario:

    now that this bill is introduced, with so many great provisions, the administration decides to put the EO efforts on hold and decides to wait out the fate of the bill. The bill just languishes without any significant progress for two years, and it also holds up the EO, for example the reinterpretation and pre registration efforts, for that duration.

    Of course this is a very pessimistic view, but it's not like similar things haven't happened in the past. :-(
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I think you can forget about those worries. If anything, the President will move forward in order to force Congress to do something.
     
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  9. Kamakazee

    Kamakazee Super Moderator

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    "If you do not like my Executive Orders, I have one message for you - PASS A BILL!"
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If the Republicans, collectively, had half a brain, they would see this as the best possible way out of their mess. Pass this bill and nothing else. The President will have to sign it. They can let the states sue over the executive amnesty (which won't go anywhere) and they can avoid offending Latino voters, while still taking positive action on immigration. Best of all, they won't have to vote on a legislative amnesty.
     
  11. s_gan

    s_gan Super Moderator

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    There isn't anything in this bill that the GOP congress will not like but there are individuals who have the authority to ensure that this bill does not come for a vote. I have seen this drama for too long ....
     
  12. Kamakazee

    Kamakazee Super Moderator

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    Our dear boy Chuck is the Chairman of the Judiciary Committee - from IOWA nonetheless. Ron has a nice phrase for IOWA when spelt out. ;)
     
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  13. PD18May2010

    PD18May2010 New Member

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    Been here 13+ years and cannot think of many instances when members of Congress actually did something positive to bring about meaningful change and betterment. Most of their decisions are based on a. winning next election b. satisfying their boosters c. providing an example for their ideological view. Collectively (Senate and House) wield so much power and do so less, it is positively embarrassing. Will go back to suffering in silence for now.
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I'm not going to hold my breath waiting for them to act. Just the fact that it would bail the Republicans out of their mess is enough to doom it. Republicans seem to want to commit mass political suicide and this makes too much sense. It's not that I think the Democrats are any smarter, they aren't, but they are on the sidelines this time. I have complete confidence that the Republicans will screw this up, just as the Democrats did when they had the chance.
     
  15. gten20

    gten20 Junior Member

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    By idiots you mean Grassley :)
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    He is the king of the idiots, with Steve King as his clown prince.
     
  17. s_gan

    s_gan Super Moderator

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    I just wanted a re-interpretation of the statute.
     
  18. ColumbusDude

    ColumbusDude Active Member

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    This would be my idea of a fair Bill. I have deleted the provisions, that I think are not needed.
     
  19. Kamakazee

    Kamakazee Super Moderator

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  20. Jonty Rhodes

    Jonty Rhodes Active Member

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    Just saw this and thought some of you might find it interesting and funny like me :)

     

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