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“Fairness for High-Skilled Immigrants Act”

July 09,2019  IST


HR 1044 , “Fairness for High-Skilled Immigrants Act”


The Case for Employment-based Per Country Cap Elimination without increasing immigration, the “Fairness for High-Skilled Immigrants Act” is a simple technical fix to a longstanding issue that contributes greatly to deep backlogs in the employment-based green card system and negatively impacts the US economy.

The overriding purpose of the employment-based (EB) green card system is to provide permanent residence to those individuals who add value to the US economy. In many cases, applicants utilizing the EB visa system are in fields related to science and mathematics, many educated in our best universities, accounting for over half of the post-graduate STEM degrees awarded in the US. Unlike other visa categories, 95% of the employment-based green card applicants already live and work in the US on temporary visas—paying taxes, contributing to our economic growth and recovery through innovation and job creation, and raising their children as Americans.

Because the US faces a general shortage of employment-based green cards, all EB applicants face some delay in securing permanent visas. However, the problem is exacerbated by an arbitrary cap of 7% on immigration from any single country, due to which many equally qualified EB applicants from large countries must wait far longer than applicants from other parts of the world—many decades for individuals from India compared with a few short years for individuals from Egypt. For those on temporary visas, like H-1B, this wait comes at a tremendous personal and economic cost. Even though

they live and work in America, employment-based applicants who face the per country backlog:

  • Cannot become entrepreneurs starting new businesses that create new American jobs

  • Cannot accept promotions from their employers without starting over in the green card line

  • Cannot change employers without starting over in the green card line

  • Cannot visit loved ones in home countries without risking being held upon their return to the US.

  • Must secure student visas for their children turning 18 or face their forced deportation, again, even after a decade of paying taxes into local and state educational systems Under today’s 7% cap, large countries like India and China, which account for over 40% of the world’s population and an even higher percentage of the highly skilled global workforce, receive the same amount of visas as Greenland, a country that accounts for 0.001% of the world’s population.

As a result, immigrants from large countries, who share equal qualifications with any other highly skilled worker entering the US, must wait 2 to 3 times longer for permanent residence—creating an economically unhealthy reliance on temporary visas and costing the US economy in the form of attrition of experienced highly skilled workers departing the US. H.R. 1044, the “Fairness for High-Skilled Immigrants Act” would correct this problem by first clearing backlogs and then leaving in place a system where all equally qualified highly skilled workers, no matter their country of birth, will receive green cards in the order they apply and based solely on the skills they bring to America.

A current study done by independent organizations such as CATO proves the current wait time for Indian Immigrants with Advanced Degrees is 150-Years.


For the past 13 years, Immigration Voice (IV) a non-profit organization with its 1000s of grassroots volunteers has been working on resolving this discrimination based on one’s country of birth in the employment based green card.

The bill H.R.1044 which comes for a vote on Wednesday, 10thJuly 2019 has over 310 bipartisan cosponsors.

We request all our American readers to please call their Congressman’s DC office and request them to vote YES for this common-sense bill and bring fairness for the American worker as the bill is based on the American fundamental principal of first-come-first-served and promotes a merit based immigration system.

- Our NRI Reporter Sheela Ramanan 

Dear friends, if anyone to be part of this noble cause please connect through 


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