U.S. Immigration Innovation ActImmigrant Visa Implications

Warning

DO NOT TRY THIS AT HOME

Immigration Innovation Act

• The proposed legislation, if enacted, will provide several options for employment based immigrant visas:

No limits on certain immigrant visas

Removed per-country limits

Benefits for certain highly skilled workers

I ²

Dependents of employment-based immigrant visa

recipients

United States S.T.E.M. advance degree holders

Foreign nationals of extraordinary ability

Outstanding professors and researchers

Exempt from Green Card Cap

Exemptions Continued…

When a foreign national is issued an immigrant visa, his immediate family members are also issued immigrant visas, which if the new law passes, will not be counted against the Green Card cap.

U.S. advanced degree holders in science, technology, engineering, and math.

Exemptions Continued…

Advanced degree

From a U.S. College

In a S.T.E.M. area

Exemptions Continued…

First Preference EB-1 Category is divided into three sub-categories:

EB-1A – Extraordinary Ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. EXEMPT

EB-1B – Outstanding Professors and Researchers with demonstrated international recognition for outstanding achievements in a particular academic field + 3 years experience in teaching/research + job offer. EXEMPT

EB-1C – Multinational Manager or Executive employed outside the U.S. in the 3 years preceding the petition for at least 1 year by a company and must be seeking to enter the U.S. to continue service to that organization. NON-EXEMPT

The Visa Bulletin

Employment- Based

All Chargeability

Areas Except Those

Listed

CHINA- mainland born

INDIA MEXICO PHILIPPINES

1st C C C C C

2nd C 15FEB08 01SEP04 C C

3rd 01MAY07 22JAN07 22NOV02 01MAY07 01SEP06

Other Workers

01MAY07 01JUL03 22NOV02 01MAY07 01SEP06

4th C C C C C

Certain Religious Workers

C C C C C

5th

Targeted

Employment

Areas/

Regional Centers

and Pilot

Programs

C C C C C

March 2013

Employment- Based

All Chargeability

Areas Except

Those Listed

CHINA- mainland born

INDIA MEXICOPHILIPPINES

1st C C C C C

2nd C 15FEB08 01SEP04 C C

3rd 01MAY07 22JAN07 22NOV02 01MAY07 01SEP06

Other Workers

01MAY07 01JUL03 22NOV02 01MAY07 01SEP06

4th C C C C C

Certain Religious Workers

C C C C C

5th

Targeted

Employment

Areas/

Regional

Centers and

Pilot Programs

C C C C C

Proposed ChangesEliminate country limits

Eliminate EB-1A and EB-

1B

Eliminate U.S. STEM

graduates

Eliminate family members

Possible ShortcomingsAs waiting times for Indian and Chinese nationals decrease…

…waiting times for the rest of the world will increase. This will particularly hurt those with advanced degrees who currently do not have to wait.

All agencies must work together

in order for this process to work…

Identify Employee

• Employer

PERM Labor

Certification

• Department of Labor

Immigrant Petition &

GC Application

• Department of Homeland Security

DOL decides if requirements are “normal” for occupation

Employer sets job requirements, education and experience

Checks visa availability and issues GC

As more FNs get S.T.E.M. advanced degrees in U.S. universities …

and U.S. employers attempt to hire better qualified candidates…

if DOL chooses to scrutinize these applications further making labor certification very difficult, it will create a bottleneck. For example….

DOL will not certify unless reqs. are “normal” or

“necessary”

Scientists

Engineers

IT Specialis

ts

According to DOL the following occupations may only require a BA+2yrs of experience or MA w/o experience:

• Computer System

Analysts

• Software Developers

• Aerospace Engineers

• Chemical Engineers

• Materials Engineers

• Mechanical Engineers

• Electrical Engineers

• Nuclear Engineers

The Immigration Innovation Act of 2013 is a promising initiative, but it will only work if all

agencies work together towards the same goal.

ThankYou