A new immigration bill has been introduced, which could have a positive impact on H-1B holders. The bill, titled the Equal Access to Green cards for Legal Employment Act (EAGLE Act), is a bipartisan effort from Democrat Congresswoman Zoe Lofgren and Republican House member John Curtis. The bill aims to phase out the current 7 percent per country cap on employment-based visas, while raising the per country cap on family-based visas to 15 percent.
In introducing the bill, Congresswoman Lofgen explained that the basic framework for allocating immigrant visas in the U.S. is outdated, which has resulted in lengthy backlogs on the employment-based immigration side. As ILBGS’s clients are acutely aware, these backlogs can span decades. The EAGLE Act seeks to change the current allocation, in order to prioritize specialized skills over birthplace. As Lofgen explains, the bill would “allow U.S. companies to focus on what they do best – hiring smart people to create products and services” which in turn creates jobs in the U.S. to strengthen the economy.
The EAGLE Act is not a new idea. Over the years, this bill has been introduced under various names and always received bipartisan support but has never successfully become law. Most recently, an earlier version of this bill was passed in the Senate in December 2020. However, the bill ultimately lapsed as Congress failed to reconcile differences between the House and Senate versions before the end of the session. Now the bill is back on the table.
While eliminating the per country cap for employment-based green cards would streamline and expedite the green card process for everyone, its impact would be greatest on the high number of applicants from India and China who currently experience the longest backlogs. In fact, the Cato Institute reported in March 2020 that 75 percent of the backlog for employment-based visas is made up of Indian applicants. The benefit, however, is twofold. Eliminating the processing time to receive a green card will also have numerous benefits on H-1B holders.
First, many H-1B employees are reluctant to change jobs because they are concerned about starting the green card process all over again. Further, the H-1B landscape has remained volatile, with quickly changing policies and often increased restrictions impacting H-1B holders’ ability to have extension petitions approved. Finally, allowing H-1B holders to more quickly move to green card status will directly impact their ability to start businesses or other entrepreneurial ventures. This leads to job creation and innovation, which helps the U.S. economy.
While various versions of this bill have been introduced in the past without success, the Biden Administration has made it clear that immigration reform is a major priority. We have already seen several restrictive policies rescinded, signaling a more positive immigration landscape to come in the years ahead.
While still early, ILBGS is monitoring the progress of the EAGLE Act and will continue to update its clients on any new developments in this area. If you have questions about an H-1B status or any immigration-related issue, contact us to get the right advice.
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